Sample order for the entry into the position of an individual entrepreneur. Order on the appointment of a director SP. Actions after placing an order

The order to take office of the director is drawn up on the basis of the approved minutes of the meeting of owners, shareholders, founders. Let's see what a sample of this order looks like.

The order of execution of the order on the appointment of the general director

To approve an employee for the post of general director, two types of documents are required: the decision of the meeting of the owners of the company with an indication of the person who took over the duties of the manager, and the order for the appointment itself. In cases where the duties of the manager are assumed by the only founder, one decision drawn up on his behalf is sufficient.

The execution of the order on the assumption of the position of director is as follows:

In the header of the document, basic information about the company is indicated - the name, organizational and legal form, as well as the document number, location of the company (settlement), date of registration.
A title that briefly describes the essence of the document.
In the first part of the order, information about the protocol must be indicated, on the basis of which the position or decision of the sole founder is approved, indicating the number and date. Then the full name of the new leader and the date of taking office, as well as the date of entry into force of the document, are registered again.
At the end of the order on the assumption of office of the director, the seal of the organization (if any) and the signature of the person who drew up the document are put.

If the director is appointed for the first time, then his name must be entered in the Unified State Register.

Do you have questions about documenting certain procedures in the course of the organization's economic activities? You can get an answer on our forum. For example, you can find out who enters into an employment contract with a founding director.

Order on accounting by the director

If there is no chief accountant on the staff of the organization, then the director can perform his duties - this should also be reflected in the order. There is no need to draw up a separate document on the management of accounting by the director; for this, you can use the order on the appointment of the general director.

The imposition of the duties of the chief accountant in the order on the assumption of the position of the director is prescribed by the second paragraph after the order on the appointment of the head. This is followed by an item on the date of entry into force of the document, the seal and signature of the head (or founder) who issued the order.

The procedure for appointing the head of a legal entity depends on its form of ownership, but the list of necessary documents for registration remains unchanged. This is an employment contract and an order for the appointment of a CEO.

Order on the assumption of the position of director

The order on the appointment of the general director is drawn up on the basis of the following documents:

Decisions on the election of a person to the position (minutes of the general meeting of founders, decision of the sole owner, etc.).
Employment contract with the general director.

The order on the appointment of the director of the LLC is needed for the internal office work of the company. The need for such a document is spelled out in the Labor Code of the Russian Federation, in article 68. It literally says the following:

Reception of an employee is formalized by an appropriate order.
The data in the order is entered from a previously signed employment contract.

The template of the order for the appointment of the general director should not be a unified form T-1, which, due to the specifics of this document, does not meet all the requirements. Usually such an order is drawn up in a free form.

Who signs the order on the appointment of the director of the LLC

The main question that arises when this document is published is who signs the order on the appointment of a director?

The signature is put by the leader himself, that is, in fact, he issues an order to himself.

This is justified by the following:

At the time when an order is made to appoint the general director of an LLC, the latter is already a person authorized to issue orders, since an employment contract has already been signed with him.
The founders and owners of the organization cannot issue internal orders, unless they are registered in its state.
The legislation does not prohibit such actions of the head.

Thus, the name of the head appears in the text of the order, and he also signs this document.

Order on the appointment of the director of LLC: sample 2018

A sample order for the appointment of the general director of an LLC has not been approved, so it can be made in any form.

You can publish it on a unified form T-1, but as mentioned above, it does not quite fit, because it does not focus on the fact that the manager is taking office, but looks just like hiring a new employee. Meanwhile, this order will need to be provided along with the constituent documents to various authorities.

The order form for the appointment of a director must contain the following details:

The full name of the company.
Date and number.
A summary of the order (for example, “on the assumption of the position of the general director”).
The text of the order, which indicates the name of the director, his position, the date of entry into force of powers and the date of their expiration (if any) and the document on the basis of which he was elected.
CEO's signature.

The completed sample order for the appointment of the director of the LLC can be viewed below.

Duration of the order on the appointment of the general director

The duration of the order for the appointment of a director depends on the period for which he is authorized. In most cases, the head of the enterprise is appointed for an indefinite period, or for a period specified in the statutory documents. It is for this period that the action of this administrative document extends. If, after the end of the term of office, the head is elected again, then the order must be reissued, on the basis of a new employment contract and a decision on the election.

The period for which the head of the company is elected is usually included in the order for the appointment of a new director of the LLC. A sample of this entry might look like this:

"I am taking office from 01.03.2018, for a period of 5 years", or
"Dmitry Dmitrievich Polyakov was approved for the position of General Director from 01.03.2018 to 28.02.2023."

If this information is not included in the text of the order, then a copy of the employment contract is usually attached to it, and this package of documents is provided upon request (to the bank, tax, etc.).

The order on the appointment of the general director of an LLC is issued on the basis of the decision of the participants, or the sole founder and signed by the head himself. It is published in free form, but at the same time contains all the requisites that are required for administrative documents.

Completed sample order for the appointment of a CEO.

An individual entrepreneur, being an individual, has the right to perform certain functions of a legal entity. In particular, it is hiring. However, can an individual entrepreneur hire an outsider as a director of his business? Or, being an individual entrepreneur, is it possible to appoint only yourself to this position?

General Director - a position that cannot be offered to an employee.

According to article 413 of the Civil Code of the Russian Federation, no obligations can be considered by law if the creditor and the debtor are one person. Therefore, an individual entrepreneur cannot appoint himself as a director, since civil obligations in this case do not make sense. Also, an entrepreneur cannot calculate his own salary, conclude with himself. The status of an individual assumes that an individual entrepreneur performs its social functions directly, in contrast to a legal entity, where personification is simply necessary, that is, in order to express its will, the company needs a leader appointed for this.

The director appointment order is signed by both parties and a copy is given to the employee when requested. The date in the order is considered the day of taking office.

To avoid further controversy, please accompany this appointment with two more documents:

Job description.
A standard employment contract, which spells out all the duties of the appointee, his areas of responsibility, work schedule and functions.

Remember to equip your worker to perform certain functions, this will make it easier for both of you. And so that there are no problems with payment in the bank (so that your director's signature on payment documents does not cause controversy), you together draw up a card with sample signatures in the bank.

Remember to provide your employee with a power of attorney to perform certain functions, this will make it easier for both of you.

Here is a sample of each of the required documents: order of employment, order to take over as director, job description of a commercial director.

So, you can perform the duties of a director yourself, but you do not have the right to appoint yourself to them. Or you can hire a director for an individual entrepreneur as a managing director or executive director. Think for yourself if you need a person who will share with you all the power.

Sometimes people, doing business, ask the question: can an individual entrepreneur have a director? Is it possible to hire someone for this position or write it down in my work book? As the head of an enterprise, does an entrepreneur have to pay himself wages and in what amount?

Who can hold the position of a manager of an individual entrepreneur?

When answering this question, it is worth recalling that, according to the Civil Code, an individual entrepreneur is not a legal entity, but at the same time he can be an employer. This is spelled out in the Labor Code. As an employer, an entrepreneur can hire people and enter into employment contracts with them. He can introduce the position of director into his staff, but it should be borne in mind that it will differ from a similar position when working in a limited liability company. According to the functions performed, this post will correspond to the manager or the head of the direction.

The difference between the position of the head of an individual entrepreneur and an LLC is that in an LLC the executive body acts on behalf of the legal entity and expresses its will, representing the LLC in various bodies. An individual entrepreneur, according to the law, expresses his will on his own behalf and represents his interests personally. Other persons, even if they are appointed to a managerial position, can express the will of an individual entrepreneur only if they have a power of attorney, which will stipulate a list of their job responsibilities.

The current legislation of the Russian Federation assumes that citizens conducting activities as individual entrepreneurs, as such, do not engage in labor activities. Accordingly, the entrepreneur himself can hire other people, but not himself. He does not have the right to make a record of employment in his own work book, set a salary and give himself a salary. This means that an individual entrepreneur has the right to hire only a third party as a manager, but not himself.

Features of work as a manager at an individual entrepreneur

For the full functioning of an employee hired for the role of a manager, an employment contract must be signed with him, a job description is prescribed, a power of attorney is issued. First of all, an order must be issued to appoint an employee to this position. Only in the presence of all these papers, their correct execution, an employee can start work and receive wages for it.

It should be recalled that the concept of “general director” is absent in Russian legislation.

In relation to a limited liability company, one should speak of the position of an executive director. This suggests that an individual entrepreneur cannot have a general position. You can hire an employee as a HR manager, department manager, or area manager. The term "general director" is common and has nothing to do with legislation.

The head of the company, hired by an individual entrepreneur, must be accepted by order and sign the job description. Only after that an employment contract is signed, which will name the functions and responsibilities of the manager, the requirements imposed on him by law, his work schedule is marked and the areas of responsibility are outlined. On the basis of the concluded agreement, a power of attorney is issued to the manager to perform certain functions. Separately, it is necessary to issue a card with a sample signature of the manager so that he can make payments on behalf of the individual entrepreneur, and the bank would accept such payment documents.

Head post and personnel order

So, according to the current legislation, an individual entrepreneur is not entitled to appoint himself to the position of a manager and give himself a salary, but he may well hire a third-party employee and give him the right to perform the main set of executive functions in the presence of a signed order, job description, labor contract and power of attorney. Since there is no such thing as a CEO, one of the following leadership positions in the qualification handbook could be added to the staffing table. An individual entrepreneur may have a director:

executive;
commercial;
towards;
sales services;
on staff.

It should be borne in mind that even if there is an executive director in the state, the entire legal responsibility before the law and state bodies always rests with the individual entrepreneur himself.

When a manager is appointed to a post, a personnel order is drawn up, which must have a number and be entered in the IP order book. The order must have the inscription "Russian Federation", the name of the individual entrepreneur, all the details, the date of completion and the subject. Below is the essence of the order: "To appoint II Ivanov to the position of executive director from April 1, 2015 with a salary according to the staffing table."

CEO is the most important and responsible person company or individual entrepreneur. In the event that the manager of the company is the founder himself, the legislation still requires that he be officially registered for the appropriate position in order to act on her behalf without a power of attorney in absolutely any situation.

Features of compilation and design

The appointment to the position of the future director of the enterprise is carried out on the basis of a decision at the constituent assembly, while special protocol, which also signs each meeting participant.

Important: if the organization has one founder, then he needs to issue a sole decision on the acceptance of the employee as director. It is worth noting that a candidate can be either one of the owners or a third party, who, after providing the necessary documentation and conducting an interview, is approved as a future manager.

If the current director resigns and another is accepted in his place, then the minutes of the constituent meeting indicate time informationwhen a new employee takes over and takes over the affairs of the previous employee.

After the candidate for the head is found and approved, he is signed with labor contract... Its nature is urgent, and the period of validity is established by the charter of the enterprise. Such a document must be signed by the founder and the previous director (if any).

The order on the appointment of the general director is main activity document... According to the legislation, it does not have a unified form and is subject to permanent storage. The order on the admission of an employee to the position of general director is issued on a document of the T-1 form.

Also, the personnel department, like for all other employees, must create for the CEO personal T-2 card, after which it is considered that the employee is accepted to the established position and can begin to perform his duties.

Well, at the final stage, work book entry... In column 4, you can make a note that the head was hired by an official decision of the constituent assembly or by order of the appointment of a director.

It is worth noting that the order on the appointment of a manager does not prescribe information about salary and personal allowances, as well as other items provided for marking the rest of the workers when hiring. This is due to the fact that this document is classified as securities main activity, and they are directly related to the functioning of the enterprise as a whole.

In general, this information can either be indicated or not, as a rule, at the discretion of management or HR.

The most important thing in this document is identification of the governing bodyrather than his job responsibilities. In other words, this document contains information for other employees of the enterprise that it was this person who entered into the performance of his official duties on the basis of a certain decision or order.

The need to issue a document

Any organization or firm should without fail have your own leader. In general, a manager is a person responsible for the work of an enterprise, its employees, as well as for profitability or loss-making.

The General Director sets tasks for the employees of the organization and monitors their high-quality implementation, as a result of which a positive result will be obtained, namely, making a profit or competently rendering any services.

Even if the founder of the company works alone, he still must appoint himself to the position of the head, because according to the law, the company does not have the right to work without a management team.

As a rule, the position of the general director, and not just a director, is established at the enterprise where there is even a minimal network of branches, offices or structural divisions.

In this case, departments should be created in the directorate responsible for the work of employees in a particular industry: jurisprudence, security, accounting, etc.

In this form, the general director will cooperate with each of the heads of the directorate department and with the heads of branches and divisions, who, in turn, will set tasks for their employees and demand their achievement.

Another aspect is conclusion of an employment contract with a new general director... It is necessary if the organization includes several shareholders or founders. However, if the functions of the CEO are entrusted to the founder with a 100% stake, then in this case the signing of an employment contract is not a prerequisite.

There is one "but": some tax inspectors may refuse to keep records of wages, in the calculation of income tax and in documents on expenses. But such a question can be easily and simply resolved by going to court. To avoid all these problems, it is better to take care of drawing up a contract in advance.

Appointment procedure

After all the formalities are settled, namely, an employment contract is signed and an appointment order is issued, you should proceed to the next stage of registration of the employee.

To do this, it is necessary to make the appropriate changes to the Unified State Register of Legal Entities. To do this, fill in specialized formP14001.

This procedure is performed in three days from the date of the employee's entry into the position of general director. If the company or organization is recently created, then the data on the leader automatically fall into this register.

Document structure and sample

It should be noted that with different forms of organizations, the procedure for registering a director for a position is slightly different. For example, in LLC it is more complicated and the requirements for it are more stringent. Let's take a closer look at how to properly register a director in a limited liability company.

The procedure for drawing up a document following.

IN document header indicates:

organizational and legal form of a firm or enterprise and its name;
place of publication (city or structural unit);
date of issue of the document.

Order header includes its concise content. In this case, the entry "On the assumption of the position of the director" is made with a direct link to the protocol number and the date of its preparation

IN text at least two points must be presented:

the first - contains a list of documentation on the basis of which the paper on the appointment of the general director was drawn up;
second - the conditions under which the document comes into force are indicated.

Any document, including the order on the appointment of the CEO to the position, must be certified with the seal of the organization and signatures of authorized persons.

If the future general director is the only founder of the organization, then he signs the order on his appointment with his own hand, and this will in no way contradict Article 182 of the Civil Code of the Russian Federation, which does not extend the ban on such labor relations.

Individual entrepreneurs have less stringent requirements. Each order is likewise numbered and entered into a special order book.

Document structure next:

the first line says "Russian Federation";
in the second line, "Individual entrepreneur full name" is written;
third line - all the details of the entrepreneur are indicated in small print (INN, OGRN, number of the certificate of registration in the IP register);
just below the original number and date of filling out the document are indicated;
then the subject of the order is prescribed, for example, "On the appointment of a commercial director";
now you need to state the essence of the order without details, but in an official business style.

After submitting the order, the individual entrepreneur must familiarize himself with it, put his signature and seal. The decryption for the signature must be next: Individual entrepreneur, full name.

Powers of the CEO in the organization

The competence of the head of the enterprise is formed according to the residual principle, i.e. he will have to resolve all issues related to the management of the enterprise.

Usually the director manages the current activities of the company and is entrusted with following powers:

has the right to act on behalf of the organization without a power of attorney, representing its interests and making transactions;
issues orders for dismissal, transfer and hiring of employees;
may apply incentives or disciplinary action;
authorized to issue powers of attorney for the right to represent the company and even powers of attorney for the right of substitution;
has a number of rights when reorganizing an enterprise;
keeps minutes of the general meeting of participants;
participates in the general meeting of the founders of the LLC;
convenes a constituent assembly, etc.

When carrying out the activities of the enterprise, the general director has the full right to transfer his functions to the managing or managing company, which is spelled out in article 42 of the Law "On LLC".

In general, the procedure for the activities of the CEO and his management decisions should be regulated in the company's charter, in internal documents and an employment contract.

It should be noted that the director before the society bears full financial responsibility for causing moral and property damage, as a result of erroneous or rash actions, as well as deliberate infliction of this harm.

Outcome

If the director wishes to terminate the contract, then this must be certain reasons:

bankruptcy of the company;
at your own request;
by decision of higher authorities (if there are no guilty acts, then the head is paid compensation);
for other circumstances provided for in the contract.

Thus, the appointment procedure includes three stages:

Election and issuance of an order.
Conclusion of an employment contract and amendments to the Unified State Register of Legal Entities and the details of the organization.
Inauguration and acceptance of relevant documentation.

How the CEO is changed can be found in this video.

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