Even if the company is managed by the founder himself, the law requires him to be registered as a general director or in another leadership position so that he can act on behalf of the company without any situations.

Documentation of hiring the head of an LLC

The manager's position can be called anything: director, president, general director, etc. It all depends on the structure of the enterprise. Moreover, either the founder himself or one of the founders of the company (if there are several of them), or a third party can become a director. At the same time, the director himself is recognized as essentially an ordinary ordinary employee who has a wide range of .

And if the founder becomes the manager, then he reserves the rights and obligations of the founder and acquires additional new rights and obligations, but as a director of the company.

For appointment to the position of director of an enterprise required:

  1. If there are several founders, it will be required where the person taking on the position of director is recorded. Such a protocol is drawn up at the stage of business organization and after the expiration of the period during which the previous director was elected. The minutes are signed by the chairman and secretary of the meeting;
  2. If the company has one founder, a Decision is drawn up reflecting the choice made: either the founder himself or an ordinary employee of the company. The decision is signed by the founder alone.

Based on the Decision (or Protocol) an order is issued, appointing a person approved by the founders (or founder) to the position. The order is issued on behalf of the company, but is signed by the person assuming a leadership position.

But between the director and the LLC it is signed by the director and:

  • on behalf of the company by the chairman of the general meeting;
  • or a founder who is authorized to sign this document at the general meeting of founders;
  • the sole founder of the company.

Some nuances when appointing a director in an LLC are discussed in the following video:

Basic rules for processing and storing an order

Validity This order and the employment contract are limited to the company. At the end of this term, the director is subject to mandatory re-election or his powers are extended for a new term.

Order drawn up on a form organization, in the header of which the name of the company, its organizational and legal form, legal address, TIN are indicated.

The order is signed on the appointment of a person who was elected by the founders (founder) as the head of the company, and indicating his position.

An order is issued if the company has just registered, after receiving registration documents, and not after signing the Protocol of Appointment, which is drawn up before submitting documents for company registration. But if the company re-elects () or extends the powers of the manager, then the order is issued after the signing of the relevant Protocol.

Stored The order is usually located next to the constituent documents.

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Mandatory in the order the following information is displayed:

  • name and number of the document – ​​“Order No...”;
  • date and place of its compilation – “00.00.0000 City”
  • title of the document, i.e. why it was compiled - “On the assumption of the position of director of LLC “Name””;
  • Next comes the body of the order, which provides a direct link to the Protocol, its number and date (or to the Decision), on the basis of which “I assume the position of director of the Company on such and such a date of such and such year.” This point is always the first in the order;
  • the second paragraph is the date or moment of entry into force of the document. For example, “From the moment of signing, this Order comes into force.”

Often on order include powers director. But you don’t have to do this.

Order for the appointment of a manager for an entrepreneur

Unlike an organization, the appointment of an entrepreneur to the position of director proceeds more simply:

  • this does not require Protocols or Decisions;
  • must be entered into the appropriate unit, which is called whatever you like, but not the general director or director. For example, executive director, manager, etc.
  • the order is issued on behalf of the individual entrepreneur and signed by him; drawn up on company letterhead.

In the very the order is reflected:

  • header - “Full name of the entrepreneur, his registration address, TIN,”;
  • name of the document, its date and place of execution, number;
  • subject of the document, for example, “On the appointment of an executive director”;
  • the body of the order, for example, “Assign A.I. Ivanova. for the position of executive director from the “date” with a salary in accordance with the staffing table”;
  • signature and full name entrepreneur with the obligatory indication “Individual entrepreneur”. A stamp is being placed!

Based on the order, a job description and an employment contract are prepared.

The nuances of appointment to the position of head of the company

When is a person appointed to a position? Acting Director, That:

  • duties are assigned to any person whom the director of the company deems competent;
  • for this purpose, an order is issued indicating the length of time the person has been in this position and the level of his duties and rights;
  • at the same time, a power of attorney is issued, allowing the temporary manager to freely act on behalf of the company;
  • and is issued if the person is taken from the outside.

If an appointment occurs commercial director, That:

  • an order in an organization is drawn up by its leader;
  • an order from an individual entrepreneur is drawn up by the entrepreneur himself or by the person to whom the entrepreneur has delegated such responsibilities;
  • A job description and an employment contract are drawn up along with the order.

Purpose executive director, if this is the only head of the organization, similar to what is provided for the appointment of the general director of the company. But if the executive director reports to the general director, then he is hired or appointed according to the same scheme as the commercial manager.

Dangers when prescribed

After appointing a person to a leadership position in an organization, changes will be required to the Unified Register. Otherwise, such a director will not have the right to act on behalf of the company.

If the head of the company is a foreigner, then he must have a labor patent. This requirement does not apply only to citizens of EAEU member countries or to those who have a residence permit in Russia. Otherwise, the company faces a fine of up to 800 thousand rubles or suspension of its activities. For individual entrepreneurs, the fine is up to 50 thousand rubles.

The date of dismissal of the previous director also plays a serious role when drawing up the order - it should not be later than the date of appointment of the new director. Otherwise, there is a risk of illegal actions of the new manager.

Instructions for drawing up this order are presented in the following video:

The order to assume the position of general director of an LLC is one of the fundamental documents of the organization. Without this order, the manager cannot begin to perform his duties. Without it, all documents, orders, etc. signed by him will not be legally competent and will not be considered by government and other organizations.

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Also, paper of this nature will be very useful (in some cases even necessary) when opening a bank account for a legal entity.

Important! The names of all heads of legal entities are always entered into the Unified State Register.

Possible misconceptions

The founder and director of the enterprise should not be confused. Even if this is the same person, the functionality of these individuals is still different. Thus, the normal situation is when the founder appoints himself to this position and takes office by his own order.

Elements of an order

The order implies a free form of presentation, but it must necessarily contain information about:

  • LLC name.
  • The serial number of the order (usually this is one of the first orders if the appointment occurs immediately after the establishment of a legal entity).
  • Date of signing.
  • The city in which the legal entity is organized and the order is signed.
  • Grounds for taking office. This is either the minutes of the general meeting of founders, or the decision of one founder.
  • What date does the assumption of office take place?
  • Tom, what other responsibilities does the CEO take on when taking office?
  • The date on which the order comes into force.

The result should be a signature with the position and transcript, and, if available, a stamp.

What other documents need to be completed?

On forums people are often asked what needs to be drawn up: an order in the T-1 form or an order to assume the position of general director of an LLC. Both of these papers are necessary for the normal functioning of the organization and for reporting.

The order in form T-1 refers to documents on personnel, and on taking office - to papers on the main activity.

This means that the personnel service has nothing to do with the order. The order is entered into the register (journal) of orders for the main activity as the first paragraph. This is the only way the company’s future activities will be possible.

If there are several general directors in an institution

If the appointment of a manager occurs in an already existing company, then, according to the law, his appointment should be carried out not by the founder, but by the general meeting. In this case, the order must contain a link to the minutes of this meeting.
In the same order, the general director, if necessary, can take on the responsibilities of an accountant, economist or other employees. This often happens in small companies for which it makes no sense to increase staff.

What to write in a work book

The document must contain information about taking office as the general director of the organization. It is advisable to refer to the founder’s decision or the minutes number and date of the general meeting.

Moreover, the entry in the labor record must appear no later than 7 days after taking office, otherwise it will contradict the Labor Code. So in this case, dating must be taken responsibly.

Important! There is no need to indicate in the order the amount of remuneration, duration of work and other points. Since the order relates to primary documents for the main activity, these points are not written down by default. This can be addressed in the employment contract.

Who should I inform about the appointment?

First of all, the tax service should be aware of such significant personnel changes. Information about the newly appointed general director must be entered into the Unified State Register of Legal Entities. Moreover, this must happen no later than 3 days after signing this paper.

In order not to become a violator of the law, the founder or newly appointed general director (often this is the same person) must fill out form P14001, as well as a properly executed decision (of the board or personal). These papers must be submitted to the tax office where the company was registered. The territorial tax principle in this case remains in force. You cannot establish an LLC in one city and submit an order to take office in another. If this happens, you must send the documentation by registered mail and ensure its receipt.

Is an employment contract necessary after the order?

Signing an employment contract with yourself, at first glance, seems crazy. But according to existing Labor legislation, such actions are permitted. Moreover, this document should contain fundamentally important points that relate to tax deductions (this depends on the accrued wages).

Thus, if you do not register the level of your own salary, you may incur administrative liability in the form of a fine at the very first tax audit.

What should change with the new CEO taking office?

If an account is opened for an LLC in one or more banks, then the new manager must change the sample signature everywhere to his own. It must be notarized. If the LLC is new, then the sample signature is left only once - when opening an account.

What to consider when transferring a position

The founder must, at the time of signing the order, remove the authority from the previous manager. Also, before starting to perform their duties, the newcomer is recommended to check the orders, decrees and powers of attorney that were previously issued by the previous management.

The founder (when the old general director is removed and a new one is not appointed) must cancel unnecessary old powers of attorney and other documents on the main activity. And then only make a decision to issue an order to assume the position of general director of the LLC.

The director (general) of the company, as a rule, has his deputies, who resolve issues in various areas of the enterprise's activities. You can appoint an employee as a deputy manager by order, a sample of which is presented below.

The appointment of a director of an LLC must be carried out in accordance with which the employee takes office.

The deputy director can also be appointed by administrative document. In addition, an employment contract must be concluded with such an employee, which specifies the terms of cooperation. The employment contract is signed by the head of the enterprise and the employee appointed to the position of his deputy.

In fact, there is no need to draw up a separate order. If a new person is hired who is not currently working in the company, then it is enough to issue 1, where the position will be indicated - deputy general director or other wording.

If a full-time employee of an organization is hired by transfer from another place of work within the company, then the order must be drawn up in form T-5.

If the LLC wishes to draw up a separate document about the deputy, then a sample of it is presented below.

How to register correctly?

The form is created in free form:

  • in the upper part the details of the LLC are entered, which can be done on company letterhead;
  • Next, enter the date and place of formation;
  • a title reflecting the essence of the content;
  • an order to appoint a certain person (his full name) to the position of deputy director;
  • if necessary, additional responsibilities are indicated, but it is better to provide a complete list of them in the job description of the deputy head of the LLC;
  • the order is approved by the director, who, in addition to what is specified, determines the person who is responsible for informing the appointed person of his new responsibilities; this can be a personnel specialist or the manager himself.

The director of the LLC is elected by the body whose competence, in accordance with the constituent documents of the LLC, includes resolving this issue, for the period established by the charter of the company. In this case, a corresponding decision, an order for the appointment of the general director and/or an order for taking office are drawn up.

Registration of an employment contract

Despite the special status of the director, when concluding an employment contract with him it is necessary to follow the requirements of labor legislation, which apply to all employees without exception, regardless of their positions.

After making a decision to elect a director and reflecting this fact in the minutes, the first thing to do is to conclude an employment contract with the director.

The agreement must be signed by the parties no later than three days after the director actually began to perform his duties. If a director of a newly created LLC is appointed, an employment contract must be concluded with him no later than three days after the date of registration of the LLC’s creation with the tax authority.

Drawing up an order for the appointment of a director

The hiring of any employee, including the director of an LLC, is formalized by order using form N T-1 approved by the government. This form, if necessary, can be supplemented with a line containing details of the protocol approved following the decision to appoint a director.

Additional lines are added to the unified forms in accordance with the Procedure established by Resolution of the State Statistics Committee of March 24, 1999 N 20. Changes in the form must be formalized by the appropriate administrative document. Adding details to the form without issuing an administrative document is not allowed. A sample order for the appointment of a director of an LLC, current in 2017, can be downloaded from the link below.

The order can be signed by a person authorized by the founders, owners of the LLC property, or perhaps by the appointed director himself. After issuing the order, the director must be familiar with it no later than three days from the date of actual assumption of office, which he must confirm by personally signing the order.

When placing an order, you must consider the following:

  • the company name of the LLC is entered into the order based on the information contained in the constituent documents, indicating the codes;
  • information about the department and position is entered on the basis of information approved in the staffing table;
  • conditions of employment, nature of work are entered on the basis of information agreed in the employment contract;
  • information about the amount of salary is entered on the basis of information agreed in the employment contract;
  • a probationary period entry is made if such a condition is present in the employment contract;

Sample order for the appointment of a director of an LLC.

Drawing up an order for the director to take office

A different position regarding the registration of hiring a director was expressed by Rostrud, which recommended that instead of an order on hiring, issue an order on taking office. This position was expressed in relation to the director appointed from among the LLC participants.

The order is issued by the director himself on the basis of an employment contract concluded with him.

After appointment to the position, the director acts on behalf of the LLC without a power of attorney. An order to take office may be a confirmation of the director’s powers to counterparties and regulatory authorities.

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 for the appointment of an LLC director 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 the general director should not be a unified T-1 form, which, due to the specifics of this document, does not meet all the 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 on 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 hiring 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 the charter 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 based on the 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.