Preparation of an order for the appointment of a general director. Appointing a director to the position: rules and documents
No organization, even the most resourced, can thrive and grow without leadership. Therefore, the presence of a director of the enterprise 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). For this, a certain procedure is carried out for appointment to a managerial post and a corresponding change in the staffing table is drawn up.
Features of the appointment of the director of the enterprise
Private business leaders have both a wide range of powers and the highest responsibility. In case of serious problems in the company, their elimination or reduction of the size of adverse consequences falls primarily on the CEO. It is he who must make most of the important decisions. Therefore, this position should be given to a competent and responsible person.
The procedure for approving the position of the general director of the company and the form for filling out the order is indicated in Federal Law No. 14 -.
It all starts with a general meeting of the company's participants. It is at this meeting that a general decision is made to nominate and approve by order a candidate for the post of general director of the LLC being formed. Then an agreement is drawn up on the acceptance of an employee-manager of the enterprise for work. The document is signed by the CEO and the employer.
Then the new manager issues an order to begin the performance of his direct duties and the procedure ends.
How to properly design a CEO?
Legally speaking, the CEO 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, as well as 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 CEO 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 to appoint the CEO should include the following items:
- full name of the registered LLC;
- ORGN and TIN;
- Full name of the appointed manager (the name should be entered in full);
- the date the manager took office;
- the validity period of the assigned authorization.
A sample order on the appointment of the general director of an LLC can be downloaded here.
Commercial Director
Any organization (excluding non-profit) must have a commercial director position. It is occupied, as a rule, by people with economic education. The responsibilities of this manager include the areas of sales, supply, all economic and financial activities of the enterprise.
To appoint an employee to this position, a corresponding order is issued with a description of job 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 start performing his duties.
Appointment of a deputy
Especially in large organizations, the general director 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.
For appointment to the position of deputy general director, the latter issues a corresponding order, a sample of which can be downloaded from the link. Then an employment contract is drawn up, signed by the employer and appointed to this post. After that, the Deputy General Director takes up his duties.
Executive Director
Not all organizations have such a position as executive director. As a rule, he is appointed in large corporations where it is necessary to manage a large number of employees, solve many problems that arise and regularly amend the company's strategic plans.
The procedure for appointing an executive director requires a corresponding clause in the organization's charter. If there is none, the General Director has the authority to make a corresponding change in 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.
Additional question - do you need a seal on the order to appoint the CEO? Internal documents of an organization do not have to be sealed, so the answer to this question is no.
CFO
The position of a financial director in a large organization is essential. He is accountable for all the accounting, and, accordingly, all the financial information of the company. The financial director subordinates:
- chief Accountant;
- accounting staff;
- financial department specialists.
When an employee is appointed to the position of CFO, the CEO issues an order and concludes an employment contract with a new management representative.
Order form for the appointment of the director of the enterprise
The CEO of the firm is appointed by the highest management body. For LLC, this is a general meeting of founders, which issues an appropriate order. The adopted decision must be recorded in the minutes, signed by all participants, or by the chairman of the meeting.
If we are not talking 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 CEO and appoint a new one.
The order form for the appointment of the general director of the company can be downloaded.
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Any LLC must have a manager whose powers are confirmed on the appointment. The CEO can be one of the founders of the organization or an invited employee, in which case he acquires the same authority and gets the right to lead other employees in order to maximize the profit of the company.
An order is drawn up for appointment to the position of general director, in addition, the minutes of the meeting of the constituent council will be required. If there is only one founder, and the tone becomes the general director, instead of the protocol, the founder's decision is drawn up. How is it correct?
The CEO has both rights and responsibilities
There is no single form of order, but the following information must be present in it:
- The name of the organization and organizational form are entered in the head of the document, 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 to the position of the general director of the organization.
- The main text of the order must include information about the documents on the basis of which the general director is appointed to the position, the date of entry into force of the order and the necessary conditions are indicated.
- The order must be certified by the visa of the originator, the seal of the organization is put on it. If the only founder becomes the general director of the organization, he writes an order in his own name and signs it with his own hand.
It is necessary to prescribe an expanded terms of reference in the document if the CEO, who is the sole founder, also performs the functions of the chief accountant and other officials.
The procedure for appointing a manager
Order on the appointment of the General Director of LLC: sample
When appointing a new general director, it is necessary to carry out the paperwork procedure correctly. The appointment of the head must be reflected in the Unified Register; to make changes, it is necessary to be drawn up according to the R14001 form.
The 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 general director is also concluded to resolve issues with the tax office: it specifies the exact salary. In this case, it is possible to conclude a contract 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 should be kept in the archive for the entire period of the organization's existence. It will be required when processing a number of other documents required for legal purposes.
The general director is appointed 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 CEO must receive a majority of votes during the voting. The decision is drawn up in the prescribed form and attached to.
The 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, and it gives the CEO a wide range of powers.
The success of the 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:
- Monitoring compliance with the rule of law when doing business. It is the CEO who is responsible for compliance with the charter and legal norms, in addition, he must use all resources and organizations to maximize profit.
- Resolving personnel 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 state bodies. He is also required to appear in court in the event of any commercial dispute.
- Monitoring compliance with the rules, timely submission of reports and other documentation.
Thus, the position of a general director is associated with the highest level of responsibility for all processes occurring at the enterprise. Additional responsibilities must be agreed upon prior to signing the order.
Problems may arise when a foreign citizen is appointed to the post of general director. He must necessarily have a residence permit and a work permit in the Russian Federation, otherwise his commercial activities will be recognized as illegal. the old director needs to clearly indicate the date of termination of powers 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 video consultation:
The leader is one of the main persons of any company. And although he holds a high position and solves many issues, in fact, this person is the same employee as everyone else. His employment is formalized according to general rules, but with some peculiarities. Consider a sample order for the appointment of a director of an LLC in 2019 and the specifics of filling it out.
When you need to draw up an order for hiring a manager
According to article 68 of the Labor Code of the Russian Federationany employee is hired after issuing an appropriate order, drawn up taking into account the provisions of the concluded labor contract. That is, first a cooperation contract must be signed, and then an order issued on its basis.
Most often, a sample order for the appointment of the general director of an LLC is taken from Resolutions 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 order form
How to draw up correctly and from whom to sign
Let's consider in detail how to fill out this document.
Step 1. We register 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 order to be drawn up and the date of drawing up.
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 the full name. in the genitive case.
Step 4. We write down in which department and for which position the employee is employed. If there are features of work, we also indicate this.
Step 5. We write down what salary the new employee is entitled to, and if there are allowances, theirs. All data must also be checked according to the concluded labor agreement.
Step 6. We clarify the trial period (check, it cannot be more than 6 months).
Step 7. We indicate the reasons for the release of the decision. There must be the details of the employment contract. In addition, information on the minutes of the general meeting of participants, on the decision of the owner of the organization's property, on other documents can be clarified here.
Step 8. We sign and familiarize the employee with the order. Since the director and the employee in our case are one 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 hiring procedure is completely finished. However, some experts, referring to the Rostrud letter of 09/22/2010 N 2894-6-1, also propose to issue an order on the assumption of the position of director, since on its basis information is entered into the employee's work book.
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 securities 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 manager. It also needs to be drawn up in accordance with all the rules, and then an order should be issued on the appointment of a deputy director of the LLC. A sample of this document is provided below.
How to register a person who will temporarily replace the director
The manager, like any other employee, may 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 perform 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 will replace the main person of the enterprise, it is necessary to issue an order on the appointment of an acting director. A sample 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 governing the work of an organization. Through it, a specific person occupies a position so significant for the development of the company.
An accountant, one of the founders, or a third party can 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 office as a 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 hiring will always be urgent. The term of its "validity" according to the law is no more than five years.
Approvals, grounds
The order must have a "basis" - the basis for adoption. 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 reference to it from the order as a basis.
Duties
The commercial director is one of the key people in the organization. He is a senior executive. 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 CEO, the commercial director builds strategies for production, various kinds of economic issues.
- Analysis. A good sales manager has strong analytical skills. He, of course, must react quickly in acute situations, but the main thing is to prevent their occurrence.
- Finance. The employee is mainly engaged in finding and expanding sales markets, increasing sales.
- 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 not a complete list of the activities of the average commercial director.
Bug fixes
Each company has its own specifics of being in this position, which should be reflected in the relevant documents. The order only fixes the fact of appointment.
In order to be able to make adjustments without redoing the order, the job description can only be referred to. Then the order will be legally binding even if the instruction is changed.
As for corrections in the text of the order, they are highly discouraged.
Rights
The commercial director owns the rights that the head - the general director - gave him. This usually happens:
- Making independent decisions in the marketing of goods. To do this, you will need to issue a specialized power of attorney signed by the head.
- The right to make various proposals for improving the organization. Both personally to the head, and indirectly - through participation in collective meetings.
- Bonuses to employees on their own or recommendation of the implementation of this by filing a petition to the General Director, etc.
Components of the order
The order has a structure typical for this kind of documents. The document is laconic, strict, refers to the decision of the sole founder, labor contract, job description. At the top of the sheet are indicated:
- Full name of the organization, its details.
- Location of the organization.
- Date of signing the order. It is from the moment of signing that the document is considered valid.
Below is the main part of the document. It begins with a mention of the foundation (the decision of the sole founder or the minutes of the general meeting). All documents referred to in the text must have a number, date of signing.
The order may contain several items. But the main one is directly about the appointment of a certain person as a commercial director. Are registered:
- Full name of the appointed person;
- time of entry into force of the document;
- for how long it was appointed (maximum - 5 years).
As an addition, it can be indicated:
- Does the commercial director have the right to first sign on financial documents.
- The amount of remuneration.
- Who develops the draft employment contract for the appointed person.
- Establishment of full financial responsibility.
- To whom and in what time frame is it necessary to familiarize the appointed employee with the order.
At the conclusion of the order on the appointment of a commercial director, there are the signatures of the general director and the appointed one, as well as of 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 shelf life, 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 really 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 pretty straightforward. However, in the contracts (in the 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 safety, but only a written statement of the fact of being hired.
The election and appointment of a new head of the company is the prerogative of the founders of the company or shareholders. But the employment process is impossible without drawing up an order for the appointment of the CEO. Responsible persons at the enterprise do not often come across 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 kind of 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 making two types of orders at once (see table).
The procedure for appointment to the post of director
The election of a new head of the firm differs depending on the form of ownership. When there are many applicants for a position, it goes according to the following scheme (see table).
To ensure that the meeting's decision 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 removing the manager from office and losses associated with the conclusion of new deals.
ATTENTION
Both managers cannot perform duties on the same day at the same time. Such actions are contrary to the law. Consider this fact when transferring cases and issuing an order to remove the previous CEO from office.
The order of appointment to the position of the head does not end there. The legislation requires notifying the tax office of the changes that have occurred. Otherwise, the new CEO will not be empowered to close deals.
This is due to the fact that old information about the previous head remains in the state register of legal entities. To make amendments, the organization must send a written notification to the inspectorate 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 drawing up the document (may coincide with the number specified in the employment contract; it is permissible to put down one day later, but not earlier!);
- the position to which the candidate has been appointed;
- FULL NAME. new leader.
In the text of the order on the appointment of the general director, it is necessary to reflect the period from which the new director takes up 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 accounts of the organization.
At the end of the order, put the full name. the employee on whose behalf it is drawn up. The circle of persons authorized to draw up such documents is reflected in the charter or internal rules of the organization. The order is signed by the elected director or chairman of the meeting.
EXAMPLE 1
At the meeting of Arctur LLC participants on August 15, 2016, it was decided to appoint K.V. Skvortsov, which is documented. The order to take office will look something like this:
EXAMPLE 2
LLC "Polyarnaya Zvezda" has a sole 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 the position, we recommend that, in addition to the document considered above, draw up an order for employment (form T-1). The reason can be:
- employment contract;
- decision of the sole founder / founders;
- minutes of the general meeting.
The order is signed by a person authorized by the charter. The new chapter must familiarize himself with the content of the document within three days from the date of commencement of duties.
With the correct execution of the order for the appointment of the General Director and the implementation of all actions provided for by the Labor Code and corporate legislation, the company guarantees itself to continue its activities without unwanted incidents.
