Preparation of the order on the appointment of the General Director. Appointment of a director to a position: rules and documents

No organization, even the most resourceful, can thrive and develop without leadership. Therefore, the presence of an enterprise director is necessary, both in fact, and according to the labor legislation of the Russian Federation, and according to the charter of Limited Liability Companies (LLC). To do this, a certain procedure for appointment to a managerial position is carried out and an appropriate one is drawn up on making changes to the staffing table.

Features of the appointment of the director of the enterprise

The heads of private enterprises have both a wide range of powers and the highest responsibility. When serious problems in the company, their elimination or reduction of the size of adverse effects falls, first of all, on the CEO. It is he who should take most of the important decisions. Therefore, this position should go to a competent and responsible person.

The procedure for approval for the position of the general director of the company and the form for filling out the order are indicated in Federal Law No. 14 -.

It all starts with a general meeting of the company's members. It is at this meeting common solution a candidate for the post of general director of the LLC being formed is nominated and approved by order. Then an agreement is drawn up on the employment of an employee-manager of the enterprise. The document is signed by the CEO and the employer.

Then the new leader issues an order to start the execution of his direct duties and the procedure ends.

How to get a CEO right?

From the point of view of legislation, the general director of a limited liability company cannot be identified with the organization itself. According to the Labor Code of the Russian Federation, he is an employee of an LLC, like a manager, secretary or cleaner. The differences lie in the rights, responsibilities and, of course, the salary of the CEO. Otherwise, everything is the same, including the need to conclude an employment contract with the employer.

If the general director and the employer are one person, then the signature in the document will be one person, but in two places - both from a legal entity and from an individual.

The order appointing the CEO must include the following items:

full name of the registered LLC;
ORGN and TIN;
Full name of the appointed head (surname fits in full);
date of entry of the head into office;
duration of the assigned authority.

A sample order on the appointment of the general director of an LLC can be downloaded from the link.

Commercial Director

In any organization (with the exception of non-profit ones) there must be a position of commercial director. It is occupied, as a rule, by people with an economic education. The duties of this manager include the areas of marketing, supply, all economic and financial activities of the enterprise.

To appoint an employee to this position, an appropriate order is issued with a description official duties and an employment contract is drawn up. The latter is signed by both the applicant for the post and the employer. Finally, confirmation is requested from the bank where the organization's current account is opened, and the new commercial director of the LLC can begin to perform his duties.

Appointment of a Deputy

Especially in large organizations, the CEO needs a deputy. A competent employee who has worked in the company for a significant period of time is appointed to this position by order.

To be appointed to the position of Deputy General Director, the latter issues an appropriate order, a sample of which can be downloaded from the link. Then an employment contract is drawn up, signed by the employer and the person appointed to this post. After that, the Deputy General Director begins to perform his official duties.

Executive Director

Such a position as an executive director is not available in all organizations. As a rule, he is appointed in large corporations where it is necessary to manage large quantity employees, solve many emerging problems and regularly amend the strategic plans of the company.

The procedure for appointing an executive director requires the presence of an appropriate clause in the charter of the organization. If there is none, the general director has the authority to make an appropriate change to the Unified State Register of Legal Entities at the meeting of founders.

Then an employment contract is concluded with the applicant and an order of the general director is issued on the appointment of the executive director of the LLC.

An additional question - do I need a seal on the order for the appointment of the general director? The internal documents of the organization do not have to be sealed, so the answer to this question is no.

CFO

The position of financial director in a large organization is simply necessary. He is responsible for all accounting, and, accordingly, all financial information of the company. The Financial Director reports to:

Chief Accountant;
accounting staff;
finance specialists.

When an employee is appointed to the position of financial director, the general director issues an appropriate order and concludes an employment contract with a new management representative.

Form of order for the appointment of the director of the enterprise

The CEO of the company is appointed by the highest management body. For an LLC, this is a general meeting of founders, which issues the corresponding order. Decision must be recorded in the minutes, signed by all participants, or by the chairman of the meeting.

If a we are talking not about a new company, then at one meeting of the founders a decision is immediately made and an order is signed to dismiss the former general director and appoint a new one.

The form of the order on the appointment of the general director of the company can be downloaded.

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Any LLC must have a manager whose authority is confirmed by appointment. The CEO may be one of the founders of the organization or an invited employee, in which case he acquires the same powers and gets the right to manage other employees so that the enterprise receives maximum profit.

For appointment to the position of the general director, an order is issued, in addition, the minutes of the meeting of the founding council will be required. If there is only one founder, and the same person becomes the general director, instead of the protocol, the decision of the founder is drawn up. How right?

The CEO has both rights and responsibilities

There is no single form of order, however, it must contain the following information:

The heading of the document contains the name of the organization and organizational form, you also need to indicate the city, the number of the registration document, the date of writing.
The name of the document is an order on the appointment of the general director of the organization.
The main text of the order should include information about the documents on the basis of which the general director is appointed to the position, indicate the date the order came into force and the necessary conditions.
The order must be certified by the visa of the originator, it is stamped by the organization. If the sole founder becomes the general director of the organization, he writes an order in his name and signs it with his own hand.

The document must specify an extended range of powers if the general director, who is the sole founder, also performs the functions of the chief accountant and other officials.

Procedure for appointing a manager

Order on the appointment of the General Director of LLC: sample

When appointing a new CEO, it is necessary to properly conduct the office work procedure. The appointment of the head must be reflected in the Unified Register, to make changes it is necessary, drawn up in the form P14001.

Information must be updated within three days from the date of the order. If the organization is at the stage of creation, information about the general director is submitted when the organization is entered into the Unified State Register of Legal Entities.

An employment agreement with the CEO is also concluded to resolve tax issues: it indicates the exact wage. In this case, it is possible to conclude an agreement with the same signature of the employee and the employer.

The order on the appointment of the general director of the organization in the future must be kept in the archives throughout the entire period of the existence of the organization. It will be required when processing a number of other documents required for legal.

The general director is appointed to the position by the meeting of founders, this fact must be reflected in the minutes. The meeting is held after the official approval of the composition of the founders, the proposed candidacy of the general director must gain a majority of votes during the voting. The decision is drawn up in the prescribed form and attached to.

Powers of the CEO in the organization

Business success depends on the official!

The founders of the organization must develop job descriptions that spell out the powers of the CEO. This is one of the most important positions in the organization, it gives the CEO a wide range of powers.

The success of doing business largely depends on its activities, so the board of founders should be extremely responsible in choosing an employee for this position. The general director of an LLC usually has the following terms of reference:

Control of compliance with the law in doing business. It is the CEO who is responsible for complying with the charter and legal norms, in addition, he must use all resources and organizations to maximize profits.
Resolving staffing issues. It is the CEO who decides on the hiring of specialists for positions, he is also in charge of questions about incentives and.
Conducting business activities, as well as representing the interests of the organization in government bodies. He is also obliged to appear in court in case of any commercial disputes.
Monitoring compliance with the rules, timely submission of reports and other documentation.

Thus, the position of CEO is associated with the most high level responsibility for all processes occurring at the enterprise. Additional responsibilities must be agreed before signing the order.

Problems may arise when a foreign citizen is appointed to the position of general director. He must necessarily have a residence permit and a work permit in the Russian Federation, otherwise he commercial activity will be declared illegal. the old director must clearly indicate the date of termination of office in order to avoid possible inconsistencies in the documents.

How to draw up an order and how the general director of an LLC is appointed - in a video consultation:

The head is one of the main persons of any company. And although he occupies a high position and solves many issues, in fact this person is the same worker as everyone else. His employment is subject to general rules, but with some peculiarities. Consider a sample order for the appointment of a director of an LLC in 2019 and the features of filling it out.

When do you need to draw up an order for the hiring of a manager

According to article 68 of the Labor Code of the Russian Federation any employee is hired after the execution of the relevant order, drawn up taking into account the provisions of the concluded employment contract. That is, first a cooperation contract must be signed, and then an order is issued on its basis.

Most often, a sample order for the appointment of the general director of an LLC is taken from Decrees of the State Statistics Committee of Russia dated 05.01.2004 N 1, which approved the unified form N T-1. But since 2013, it has become recommended, not mandatory, so enterprises can refine and change it at their discretion.

Job application form

How to draw up and with whom to sign

Let's consider in detail how to fill out this document.

Step 1. We prescribe the name of the employer (in our example, LLC), we specify the OKPO code, which is assigned during the registration of the enterprise.

Step 2. Enter the number of the issued order and the date of compilation.

Step 3. Using the data of the employment contract, we indicate the period during which the manager will perform duties, his personnel number, as well as his full name. in the genitive.

Step 4. We write down in which department and in which position the employee is employed. If there are features of the work, also indicate this.

Step 5. We prescribe what salary is due to the new employee, and if there are allowances, they are also. All data must also be verified according to the concluded labor agreement.

Step 6: Refine probation(check, it can't be more than 6 months old).

Step 7. Specify the reasons for issuing the decision. There must be details of the employment contract. In addition, information about the minutes of the general meeting of participants, about the decision of the owner of the property of the organization, about other documents can be clarified here.

Step 8. We sign and acquaint the employee with the order. Since the director and employee in our case are the same person, the same person must sign in the fields provided for signatures.

What else needs to be done

In theory, nothing else needs to be done, the recruitment procedure is completely finished. However, some experts, referring to the letter of Rostrud dated September 22, 2010 N 2894-6-1, also suggest issuing an order to assume the position of director, since on its basis information is entered into work book worker.

There are no special forms for the order, so it can be left in any form. The main thing is that all the data in it correspond to previously issued papers and there are no factual errors. The document itself is drawn up in the first person and signed directly by the head.

Sometimes a deputy comes to the enterprise at the same time as the new head. It must also be drawn up in accordance with all the rules, and then an order should be issued to appoint the deputy director of the LLC. An example of this document is provided below.

How to register a person who will temporarily replace the director

The manager, like any other employee, can ask for a vacation, go on a business trip or go on parental leave. In this case, a person should appear who can replace the boss and fulfill his duties. There can be many candidates for this job - from external part-time workers to deputies and persons who can work part-time. But regardless of who replaces the main person of the enterprise, it is necessary to issue an order to appoint an acting director. An example of this document is below.

As you can see, it is very similar to similar personnel documents and contains the same details: the date of preparation, the text of the order, the grounds for its issuance, information about the person who made the decision.

The order on the appointment of a commercial director is an important document regulating the work of the organization. Through it, a specific person occupies such a significant position for the development of the company.

An accountant, one of the founders or a third party may be appointed to this position. If this person has sufficient knowledge and competencies, then the optimization of production and financial processes in the whole organization is ensured.

FILES

The duration of powers for the position of commercial director, based on Article 58 of the Labor Code, may well be determined by the main document of the LLC - the Charter. But the contract that is signed when applying for a job will always be urgent. The term of its "usefulness" according to the law is not more than five years.

Agreements, grounds

The order must have a "basis" - the basis for acceptance. This basis in most cases is the decision of the sole founder. If there are several founders, then it will be necessary to draw up the minutes of their general meeting (with the signatures of each) and make a link to it from the order as a basis.

Responsibilities

The commercial director is one of the key persons in the organization. He is a senior manager. In his competence is the financial and economic part, budget planning, coordination of work in departments, etc. In a word, everything that will be written in the contract. The latter is concluded with the manager, who is the only immediate superior of the assigned employee.

Planning. To support the general director, the commercial director builds strategies regarding production, all sorts of economic issues.
Analysis. A good commercial director has well-developed analytical skills. He, of course, must respond quickly in acute situations, but the main thing is to prevent their occurrence.
Finance. The employee is mainly engaged in the search and expansion of sales markets, increasing sales volumes.
Control. Plans must be implemented. The appointed commercial director is also responsible for this. This is especially true of the financial expectations of the organization.

This is far from complete list activities of the average commercial director.

Fixes

Each company has its own specifics of being in this position, which should be reflected in the relevant documents. The order only records the fact of appointment.

In order to be able to make adjustments without redoing the order, on job description can only refer. Then the order will be valid even if the instruction is changed.

As for corrections in the text of the order, they are extremely unwelcome.

Rights

The commercial director has the rights that he has been given by the head - the general director. This usually happens:

Making independent decisions on the sale of goods. To do this, it will be necessary to issue a specialized power of attorney signed by the head.
The right to make various suggestions for improving the organization. Both personally to the leader, and indirectly - through taking part in collective meetings.
Rewarding employees on their own or recommending the implementation of this by submitting a petition to the General Director, etc.

Components of an order

The order has a typical structure for such documents. The document is concise, strict, refers to the decision of the sole founder, employment contract, job description. At the top of the sheet are:

Full name of the organization, its details.
Location of the organization.
The date the order was signed. It is from the moment of signing that the document is considered legally binding.

Below is the main body of the document. It begins with a mention of the grounds (decisions of the sole founder or minutes of the general meeting). All documents referred to in the text must have a number, date of signing.

An order may contain several items. But the main one is directly about the appointment of a certain person as a commercial director. Prescribed:

name of the appointee;
time of entry into force of the document;
for how long it is appointed (maximum - 5 years).

As an addition, you can specify:

Does the commercial director have the right of first signature on financial documents.
The amount of wages.
Who develops the draft employment contract of the appointed person.
Establishment of full financial responsibility.
To whom and within what time frame it is necessary to familiarize the appointed employee with the order.

At the conclusion of the order on the appointment of a commercial director, there are signatures of the general director and the appointee, as well as everyone who was mentioned in the order (for example, the head of the personnel department, the head of the legal service, the chief accountant, etc.).

As for the terms of storage, the paper belongs to the category of orders for personnel and must be stored for at least 75 years.

After signing

After the document is signed, it becomes legally binding. But in order for the position of commercial director to actually appear in the organization, it is also necessary to conclude a contract with the specified person, as well as make an entry in the provided work book.

The procedure is quite simple. However, when in contracts (in a contract, labor agreement) between the manager and the employee, a mandatory condition for non-disclosure of confidential data (for insurance) should be prescribed. After all, the order to appoint a commercial director is not a guarantee of security, but only a written statement of the fact of employment.

The election and appointment of a new head of the company is the prerogative of the founders of the company or shareholders. But the process of employment is impossible without drawing up an order for the appointment of a general director. Responsible persons at the enterprise do not often encounter this document, but sooner or later they have to. We will tell you what kind of order it is, how it is drawn up and what are the nuances.

What is the document

An order is a document on the basis of which the selected candidate officially becomes the head of the organization and receives the authority to make decisions provided for by the charter.

When applying for this position in an LLC or JSC, contradictions may arise. To prevent them, we recommend drawing up two types of orders at once (see table).

The order of entry into office confirms that the procedure for election is strictly observed. Together with the decision of the meeting participants, it is submitted to those structures that require confirmation of the powers of the new director.

Procedure for appointment to the position of director

Election of a new head of the company differs depending on the form of ownership. When there are many applicants for a position, it goes according to the following scheme (see table).

In an LLC, the decision is drawn up in a protocol, which is signed by all parties (participants). In general, the leader calls the meeting. It is held at least once a year in the terms established by the charter. The procedure is regulated by the LLC Law.

So that the decision of the meeting is not invalidated, follow all the rules! Carefully study the constituent documents, relevant laws, protocol and check each stage of the event. This way, you can avoid the risk of dismissal of the head from the position and the losses associated with the conclusion of new transactions by him.

ATTENTION
Both managers cannot perform duties on the same day at the same time. Such actions are against the law. Consider this fact when transferring cases and issuing an order to remove the previous CEO from office.

This is not the end of the appointment process. The legislation requires notifying the tax service of the changes that have occurred. Otherwise, the new CEO will not be empowered to make deals.

This is due to the fact that in the state register about legal entities the old information remains - about the previous leader. To make amendments, the organization must send a written notification to the inspection with a request to amend the Unified State Register of Legal Entities. Failure to comply with this requirement may result in liability.

Design features

The document in question must be filled out in accordance with all the rules. In the upper part they write the full name of the company, in the center - the word "Order". Be sure to note:

the current date of the document (may be the same as the number specified in employment contract; it is permissible to put down one day later, but not earlier!);
the position to which the candidate is appointed;
FULL NAME. new leader.

The text of the order on appointment to the position of the General Director must reflect the period from which the new director begins to perform his duties. It is also desirable to indicate that the elected employee is empowered to sign settlement and cash, banking and other legally significant documents, as well as manage the organization's accounts.

At the end of the order put full name. the employee on whose behalf it is drawn up. The circle of persons empowered to draw up such documents is reflected in the charter or internal rules organizations. The order is signed by the elected director or chairman of the meeting.

EXAMPLE 1
At the meeting of the participants of Arctur LLC on August 15, 2016, it was decided to appoint K.V. Skvortsov, which is documented. The entry order will look something like this:

EXAMPLE 2
Polar Star LLC has a single founder - A.I. Korshunov. The order for the appointment of the CEO will look something like this:

You can also . It is presented in Word format.

In order to avoid disagreements that sometimes occur in practice when appointing an elected candidate to a position, we recommend that, in addition to the document discussed above, draw up an employment order (T-1 form). The basis may be:

labor contract;
decision of the sole founder / founders;
minutes of the general meeting.

The signature on the order is put by a person authorized by the charter. The new head must familiarize himself with the contents of the document within three days from the moment the duties begin.

At correct design order on the appointment to the position of the General Director and the implementation of all actions provided for Labor Code and corporate law, the company guarantees itself the continuation of activities without unwanted incidents.