Director's order on taking office. Order on assuming the position of director of the sole founder

No head of the company can begin to perform his duties without the entry into force of the document on his appointment. In other words, in the absence of an order, papers signed by the manager will be recognized invalid.

The main purpose of the document is to inform supervisory government authorities, as well as employees of the enterprise, that a certain person has assumed the position of head of the company on a specific date.

Features of compilation and design

The position of the head of the company can be called whatever you like: president, general director (depending on the structure of the organization). In addition, the position of manager can be occupied by either the founder of the enterprise (or one of the founders) or another person. The CEO himself inherently admits a simple worker, with extensive powers.

If the founder becomes the head of the company, then he retains the responsibilities and rights of the owner and acquires additional responsibilities and, accordingly, rights, but as the head of the enterprise.

Number of founders	Features of the procedure
Appointment of a manager with several founders	To draw up an order, you will need minutes of the meeting, indicating the individual who has assumed the responsibilities of the head of the company. This document is drawn up at the stage of company registration and at the end of the period for which the previous general director was appointed. The minutes are approved by the secretary, the chairman of the meeting.
Appointment of a president with one founder	Here a Decision is drawn up, indicating information about the individual appointed to the position either by the founder himself or by an employee of the company. The document is certified solely by the owner himself.

Appointment of the head of the branch

The head of a separate department is hired on the basis of an order general director And written characteristics head of the department, department of regional financial and commercial activities, as well as 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 head of the branch.

You can learn how to change the director from this video.

Financial Director

The dismissal and hiring of the financial director takes place in accordance with the decision of the head of the enterprise, as well as the recommendation executive director. In addition, the appointment is agreed upon by the general meeting.

For the financial director it is formed job description, which is approved by the executive director and head of the company.

Mandatory procedures

In order to inform the regulatory authorities about the appointment of a new president of the company, it is necessary to prepare the following package of documents:

the decision to hire 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 book;
due instructions from the manager (a local legal act of the enterprise that describes the employee’s work activity, his responsibilities, basic rights depending on the position).

All the above documents confirm legal status general director legal entity from the point of view of labor and corporate legislation. In their absence, the signature of the head of the company will be considered invalid.

After submitting the listed documents to the territorial tax service, the president of the company draws up an order on taking office, from the moment of the decision to hire him or another moment determined by everyone. A contract is signed with an individual and an entry is made in work book.

Only after completing all the procedures can the general director act on behalf of the company and make decisions regarding its financial and economic activities and enter into agreements with counterparties. If violations are revealed during the appointment of a candidate for leadership position, the organization faces a fine.

How is it paid? wages director, the sole founder, can be found in this video.

When taking on the position of CEO, many HR officers have questions. Can he himself sign the appointment order? And what if he is the sole founder of the organization?

From the article you will learn:

Procedure for appointing the General Director

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If the company has several founders, on the part of the organization must be signed by the chairman general meeting founders. If such a decision is made by the sole founder, the agreement is signed by him. This procedure also applies if the sole founder himself becomes the general director.

Order on assuming the position of director

The company must develop the form of the order to assume the position of general director independently, since there is no unified form for this document. For The organization's letterhead is used, if available.

Drawing up an order to assume the position of director

This document is often used as a legal basis when issuing local regulations or making decisions. Therefore, such an order should record only the fact of the first person taking office. Other additional conditions and requirements should be specified in other documents.

For example, in such an order there is no need to list job responsibilities the first person of the enterprise or indicate his salary - just make a link to or staffing table companies accordingly.

This organizational and administrative document has a number of features related to its specific status in the personnel document flow of the enterprise:

the title of the document should reflect its content; the most often used wording is “On taking on the position of the General Director”;

if the general director takes office on the day the company is founded and its details have not yet been fully determined, in they may not be specified;

the date of signing the minutes of the general meeting (or the decision of the sole participant), and orders for taking office must coincide or go in chronological order. If this rule is violated, the company may have difficulty conducting an audit;

if a new general director takes office after the departure of the previous employee, the date of entry into office of the new employee must occur no earlier than the next day after ;

in the final part of the document there is no need to leave a field for the employee’s signature confirming the fact of familiarization with its text, since the order is already drawn up on behalf of the general director and signed by him.

Sample order for taking on the position of director

This document includes the following content blocks:

full name and details of the company;

place of document preparation;

the basis for the appointment of the general director, which is the minutes of the general meeting of founders or the decision of the sole participant;

information about the person taking over the position of General Director;

the date of his assumption of office.

Pay attention! In addition to this information, other important conditions may appear in the sample order, for example, the acceptance of responsibilities by the general director in the absence of this position at the enterprise.

According to the requirements of current legislation, administrative documents issued by the organization must be endorsed authorized person. Taking this fact into account, the wording of the text of the order is also determined. As a rule, it is drawn up in the first person, indicating all the necessary information provided for the organization’s orders.

In this case, the following wording can be used: “Based on the minutes of the general meeting (or the decision of the sole participant), I, .... (personal details of the director are indicated), I will take up the duties of the general director from ... (the date of taking office is indicated).”

Additional documents to the order on the assumption of office of the new general director

In addition to those mentioned above, there are also documents that will need to be completed in connection with the emergence of a new general director at the enterprise.

In particular, in this situation, it is necessary to ensure the timely implementation of the following actions:

preparation of form No. P14001 for making changes to the Unified State Register of Legal Entities (USRLE) and sending the completed form to the territorial unit tax office. This procedure, however, is carried out only when the general director is changed: if the first person is appointed when the organization is created, the necessary information is transferred to the tax office upon registration;
new CEO. At the same time, in the fourth column, where the basis is indicated, first of all, the details of the minutes of the general meeting of founders are recorded, and only then - the details of the order to take office;
issuing an order to terminate the powers of the former general director. At the same time, it is advisable to check the content of orders and orders made by him recently: perhaps some of them will need to be suspended or cancelled;
edition employment order, which is also called . According to Art. 68 of the Labor Code of the Russian Federation, the execution of such an order is mandatory for hiring all employees, not excluding the general director;
re-issuance of a sample signature of the general director in the bank where the organization is serviced. In this situation, a new sample signature may need to be certified by a notary.

Pay attention! It will take up to five working days to make changes to the Unified State Register of Legal Entities: during this period, the counterparty who requested information about the company will receive information about the former general director.

Thus, the order to assume the position of the general director is the most important document that largely determines the work of the company for the immediate period of time associated with the work of this employee. Therefore, special attention must be paid to the correct execution of this order, and in addition, we must not forget that its publication must be accompanied by the formation of a number of mandatory documents.

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Since the CEO (or simply director, president, manager, etc.) is an employee, and not the owner of the company (and even if he is at the same time), an order of appointment must be issued in order for him to take office.

The most interesting thing is that the LLC participant (chairman of the meeting, if there are several of them) appoints the director to the position (and enters into an employment contract with him). But at the same time, the director draws up and signs the order for appointment to the position “for himself.”

Powers of the CEO in the organization

The powers of the general director, or, as he is called in the Federal Law “On LLC”, the sole executive body of the company, are prescribed in the mentioned Law. Namely:

acts on behalf of the company without a power of attorney, including representing its interests and making transactions;
issues powers of attorney for the right of representation on behalf of the company, including powers of attorney with the right of substitution;
issues orders on the appointment of company employees to positions, on their transfer and dismissal, applies incentive measures and imposes disciplinary action;
exercises other powers not covered by this Federal law or the charter of the company to the competence of the general meeting of participants of the company, the board of directors (supervisory board) of the company and the collegial executive body of the company.

In other words, this is the executive body - and the “terminal” for the LLC’s communication with outside world. As stated above, he does not need a power of attorney; he acts on the basis of the powers prescribed in the charter of the LLC.

The CEO also hires other employees and fires them. No official action by business owners is required here.

Read also: Liquidation of an LLC on your own: complete step by step instructions in 2019

Procedure for appointing a manager

Since only participants (or a single participant) can appoint a director, the procedure consists of several stages:

Making a decision by a single participant or a meeting of participants on the appointment of a director (respectively, with the removal of the old one).
State registration of changes in the Unified State Register of Legal Entities, in connection with changes in information about the sole executive body.
Conclusion employment contract(on the part of the LLC it is signed by the only participant, or the person who chaired the meeting).
Signing the order of appointment, taking office.

An employment contract can be concluded before the state. registration, but for third parties the director becomes a director only after information about him is entered into the Unified State Register of Legal Entities.

Order on accounting by director

If the company does not provide a separate position for the chief accountant, his powers are vested in the general director. This can be written about in the same order by which he was appointed to the position, or a separate order can be issued about this.

Order No. 1 or how to appoint a director of an LLC

Since the director of an LLC is the very first employee who will then issue orders himself, it is logical to put number 1 for him. Although the order number does not carry any consequences for him, even without a number, it is only needed to simplify and convenient paperwork.

In general, everything is quite prosaic - the director himself draws up (or downloads the finished) text of the order, prints it out, signs it, affixes a seal and puts it in a folder with other mandatory documents of the LLC.

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 general director.

Order on assuming the position of director

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

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

An order to appoint a director of an LLC is needed for the company’s internal records management. 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:

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

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

Who signs the order appointing a director of an LLC?

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

The manager himself signs, that is, in essence, 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 the LLC, the latter is already the person authorized to issue orders, since the employment contract has already been signed with him.
The founders and owners of an organization cannot issue internal orders unless they are formalized by its staff.
The law does not prohibit such actions by a manager.

Thus, the text of the order contains the full name of the manager, and he is the one who signs this document.

Order for the appointment of a director of an LLC: sample 2018

The 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 T-1 form, but as mentioned above, it is not entirely suitable, since it does not focus specifically on the fact that the manager is taking office, but simply looks like the hiring of a new employee. Meanwhile, this order will need to be submitted along with the constituent documents to various authorities.

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

Full company name.
Date and number.
Brief content of the order (for example, “on taking on the position of General Director”).
The text of the order, which indicates the full name of the director, his position, the date of entry into force of his powers and the date of their expiration (if any) and the document on the basis of which he was elected.
Signature of the General Director.

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

Validity period of the order for the appointment of the General Director

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

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

“I take office on March 1, 2018, for a period of 5 years,” or
“Dmitry Dmitrievich Polyakov was approved for the position of General Director from 03/01/2018 to 02/28/2023.”

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 office, etc.).

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

A completed example of an order for the appointment of a general director.