If there is no official order of the founder to appoint a director( general, LLC), all the papers signed by him will not be valid. No head of the company( head) can begin to perform his duties until this order comes into force.
CONTENTS
About the appointment of the director
The main task of the document in question is to inform the state supervisory bodies, employees of the organization( institution, enterprise) that the appointed person has been identified and took officehead of the firm with a specific date.
How to draw up and issue an order
It is clear that the position of the head of the company can be called - the president or the general director( depends on the structure of the organization).In addition, the position of the head may be held by both the founder of the enterprise( or one of the founders) and another person. In fact, the CEO is recognized as an employee, with extensive powers.
When the founder becomes the head of the company, he retains the duties, the rights of the owner and acquires additional duties and corresponding rights, but as the head of the enterprise.
Procedure for the appointment of
Situation 1: Appointment of a manager with several founders.
Here, in order to draw up an appointment order, a minutes of the meeting is needed, indicating the individual who took over the duties of the head of the firm. This document is prepared at the registration stage of the company and at the end of the period for which the last CEO was appointed. The protocol is approved by the secretary, the chairman of the meeting.
Situation 2: Appointing a president with one founder.
In this case, a decision is drawn up, indicating information about the individual who is appointed to the post either by the founder himself or by the employee of the company. The document is solely assured by the owner.
Based on the Protocol or the Decision, an order is issued that approves the position of the head. The document is drawn up on behalf of the enterprise, but is approved by the person performing the duties of the general director. But the labor agreement between the head and the company is signed by the head and:
- by the chairman of the meeting on behalf of the firm;
- the founder authorized by the general meeting to sign this document;
- is the sole owner of the enterprise.
Remember that the order to take a manager is one of the main documents of the company. Legal entities, when signing agreements, require to present in the form of confirmation of the existence of the enterprise copies of the constituent papers, as well as this order.
How to form an order
In the current legislation of the Russian Federation a certain form of this document is not provided. Therefore, it is better to draft the order on the official letterhead of the organization, indicating its full name, legal address, registration information.
If the appointment is made in conjunction with the opening of a new enterprise, the document specifies only the name of the legal entity, because there is no other information. The form should contain information about the date, place of its compilation.
The form should contain the basic information:
- the name of the order;
- comment on the decision of the owners' meeting on the entry of an individual in the post;
- the initials of the manager, the date of appointment and the expiration date.
Unlike other documents on the admission of an employee to work, this order does not include salary data and other mandatory information.
This is due to the fact that the decision to appoint a CEO is open information, everything else can be a commercial secret of the company. Therefore, they are registered exclusively in the employment contract of the head of the enterprise.
The document is approved by the head of the company with the decryption of his initials, after which the order is fixed in the registration journal and assigned an individual number. It is not necessary to acquaint the general director with the decision, therefore this record on the form is not provided.
It also happens that in small enterprises the chief accountant serves as the manager. Therefore, the decision to appoint a head of the firm may contain other information regarding this circumstance. This order is certified by the seal of the company at will.
Structure of the order, features of
The person temporarily performing the duties of the head of the company is appointed in the absence of the head of the enterprise in the workplace due to serious illness, regular or extraordinary leave, business trip, other circumstances.
The permanent director or the managing body( the board of directors, general meeting) can sign the order.
This will require the consent of the employee( in writing), as well as a decision in which the amount of material compensation for performing the duties of the head of the company, the amount and terms of office will be indicated.
The document is formed at random and should contain the following information:
- data on the director, the reasons, as well as the time of his absence;
- information about the employee, interim head of the company;
- period of time during which the employee will hold a management position;
- information on wages;
- other data.
The order is signed by the company president and an employee temporarily performing his duties. The document is registered in the accounting book and is kept for 75 years.
Director Commercial
The appointment of an employee to the position is carried out in accordance with the basic rules:
- the formation of the order is handled by the president of the company;
- in the case of IP, the document can be composed by the candidate himself and the manager.
Together with the order the job description for the employee is formed, the labor contract is made.
Assignment of the deputy
The procedure is carried out in the following sequence:
- Appointment of the deputy is formed representation in the name of the president of the firm, containing information about the deputy, including qualifications, education;
- on the employee is made a characteristic;
- if the initiative comes from the employee, its application in writing is required with indication of data, length of service, higher education;
- after the approval of the candidacy by the head of the company, the personnel department makes a decision on his appointment;
- order is approved by the director of the company, then certified with an imprint of the seal.
The candidate must familiarize himself with the document, conclude a labor contract and study the job description. In the personal file and the work record are recorded the appointment of an employee as a deputy.
Executive Director
An official is appointed in the same way as an enterprise president, provided that he is the only head of the company.
When the executive head is subordinate to the head of the organization, the procedure for taking him to work is similar to the appointment of a commercial director.
Assignment of branch head
The head of a separate unit is recruited on the basis of an order of the general director and a written description of the head of the department, the department of regional financial and commercial activities, as well as the commercial director.
The order is signed by the head of the enterprise, the head of the department for regional activities and the employee, who is assigned the duties of the branch manager.
Director of financial company
The dismissal and hiring of the CFO takes place in accordance with the decision of the head of the enterprise, as well as the recommendation of the executive director. In addition, the appointment is coordinated with the general meeting.
For the CFO, a job description is formed, which is approved by the executive head and the head of the firm.
Appointment of the director: mandatory procedures
In order to inform the regulatory bodies about the appointment of a new president of the company, it is necessary to prepare the following package of documents:
- the decision on hiring the head of the sole founder of the company or the minutes of the meeting of all participants;
- labor contract between the manager and the enterprise;
- order to hire the president of the organization;
- work record;
- the due instruction of the head( the legal local act of the enterprise, describing the employee's work activity, his duties, basic rights depending on the position).
All of the above documents confirm the legal status of the general director of a legal entity in terms of labor and corporate law. In their absence, the signature of the head of the company will be considered invalid.
After the submission of these documents to the tax territorial office, the president of the company makes an order to take office, from the moment he decides to admit him to work or from another point determined by all the founders. With a natural person a contract is signed and a record is made in the work book.
After the completion of all procedures, the CEO may act on behalf of the company and make decisions regarding its financial and economic activities, enter into contracts with counterparties. When identifying violations committed during the appointment of a candidate for leadership positions, the organization faces a fine.
Sample of the order on the appointment of director of OOO 2017-2018, where to download?
Here you can download two documents for free download:
- Order form for the appointment of a director.
- Sample filling out an order to appoint a director.
Video
How does the director change
Video channel "Business Support Center".In this video, I tell what is the change of the General Director for the company and how it is done.
Call around the clock 8( 800) 333-14-73.
Wages of the director of the sole founder
. How the salary is paid to the director, the sole founder, you can find out in this video.
Source: http: //znaybiz.ru/forma/ooo/ ustavnye-dokumenty / prikaz-o-naznachenii-direktora.html
