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Appointment order sp. Can a sole proprietorship have a director? What is needed, in addition to the order

In any organization or enterprise (including individual entrepreneurs) there must be a leader. Based on this, the question may arise as to whether there should be an order to appoint a director of an IP in personnel documentation? In this regard, the second question arises: who manages the enterprise and whether the individual entrepreneur himself should appoint himself to the position of head and pay himself a salary.

There are many other important questions. Does an individual entrepreneur who owns a business have the right to hire another person as a manager? What does the order for hiring for the position of director of IP look like? We will try to answer these important questions in our publication today.

Who and whom can appoint to a leadership position?

It is obvious that an individual entrepreneur, being the owner of a business, is solely responsible for his activities, including the financial and economic sphere, as well as reporting and accounting. Thus, the IP performs the duties of a leader.

In accordance with applicable law, individual entrepreneur as director and payment wages itself is not provided. That is, there is no need for an order to hire an individual entrepreneur to work for the position of director. All this under the law implies the status of an individual entrepreneur.

It is worth paying attention to the fact that in the current legislation there is a provision that an individual entrepreneur has the right to hire employees in accordance with production needs (and staffing). Thus, an individual entrepreneur can appoint one of his employees to the position of head.

For example, if an individual entrepreneur is going to retire and hires a director, then it is necessary to make staffing unit of management personnel (from a single qualification handbook). At the same time, an employee cannot be accepted for the position of general director.

In this situation, the following leadership positions are suitable:

Executive Director;
commercial director;
direction director;
sales director;
personnel director;
manager.

It is impossible to appoint a single head (the first person of the company) from among employees due to the fact that they always remain the IP itself. An individual entrepreneur will bear full responsibility before the state.

The personnel order (order for the main activity) must have a number. It is entered in the register book of orders.

On the first line of the document is written " Russian Federation”, and on the second - “Individual entrepreneur Surname I.O.”.

On the third line, in small print, all the details of an individual entrepreneur are listed (OGRN, TIN, IP registration certificate number).

Below on the left indicate the date of filling out the document (with the outgoing number).

The line below indicates the subject of the order, for example, “On the appointment commercial director».

A detailed description of the duties of the director is indicated in a document called "Job Description".

For example, the text of the order may look like this: “Appoint A.A. Ivanov to the post of commercial director. from March 3, 2015 with a salary according to the staffing table. After that, the IP signs with the words "Individual entrepreneur Sidorov P.I" and certifies with a seal.

The order comes into force from the date of its signing. The employee starts work from the date specified in the document. At the request of the appointed employee, a copy of the order may be issued to him.

What to do after placing an order?

As mentioned above, the order to appoint an IP director is accompanied by job description. Must familiarize with it new employee. After reviewing, he puts a signature with a decryption.

After that, a standard labor contract is concluded with the director. It spells out:

responsibilities;
managerial functions;
requirements;
work schedule;
Areas of responsibility.

In order for the director appointed by the individual entrepreneur to be able to fulfill his duties, the individual entrepreneur issues him a power of attorney to carry out any actions (to manage the enterprise).

The director appointed by the IP and the entrepreneur are sent together to the bank to issue a card with sample signatures. After fixing the sample signature of the head, the bank can accept payment documents that are signed by the new director for payment and crediting.

Documentation

You can download the standard forms of documents discussed in this material from the links below.

The order to assume the office of 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 procedure for issuing an order on the appointment of a 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 indicating the person who assumed the duties of the head, and the order of appointment itself. In cases where the sole founder assumes the duties of the head, one decision drawn up on his behalf is sufficient.

The application for the appointment of a director is made in the following way:

The heading of the document indicates the basic information about the company - the name, legal form, as well as the document number, the location of the enterprise ( locality), issue date.
header that contains short description essence of the document.
The first part of the order must contain information about the protocol 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 the document comes into force, are again prescribed.
At the end of the order on taking office of the director, the seal of the organization (if any) and the signature of the person who drew up the document are affixed.

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

There were questions about documentation certain procedures during economic activity organizations? On our forum you can get the answer. For example, you can find out who enters into an employment contract with the director who is the founder.

Order on accounting by the director

If the organization does not have Chief Accountant, then the director can perform his duties - this should also be reflected in the order. No need to arrange separate document on accounting by the director, for this you can use the order on the appointment of the general director.

The assignment of the duties of the chief accountant in the order on assuming the position of director is prescribed as the second paragraph after the order on appointment to the position of head. Then comes the item on the date the document comes into force, 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 to appoint a general director.

Appointment letter for 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 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 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:

The 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 for the order to appoint 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 issuing this document is who signs the order to appoint a director?

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

This is justified by the following:

At the moment 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 staff.
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 puts his signature on 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 done in any form.

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

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

Full company name.
Date and number.
Brief content of the order (for example, “on assuming 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 powers and the date of their expiration (if any) and the document on the basis of which he was elected.
CEO's signature.

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

Validity of the order on the appointment of the General Director

The duration of the order to appoint a director depends on the period for which he has been granted authority. 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 this administrative document applies. If, after the expiration 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 an election decision.

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 take office from 03/01/2018, for a period of 5 years”, or
"Polyakov Dmitry Dmitrievich 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.).

The order to appoint the general director of an LLC is issued on the basis of the decision of the participants, or the sole founder, and is signed by the head 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.

The General Manager is 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

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 the special protocol, where each participant of the meeting also signs.

Important: if the organization has one founder, then he needs to issue a sole decision on accepting an employee for the position of director. It is worth noting that the 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 leader.

If the current director is dismissed and another is taken in his place, then the minutes of the founding meeting indicate time information, When new employee takes over and takes over the affairs of the previous employee.

After the candidacy of the head is found and approved, he signs 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 appointing the general director is main activity document. By law, he does not unified form and is subject to permanent storage. An order to hire an employee for the position of general director is issued on a document of the T-1 form.

Also personnel service, as for all other employees, must create for the CEO personal card in the form of T-2, after which it is considered that the employee has been accepted for 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 appointed to the position by an official decision of the constituent assembly or by order to appoint a director.

It is worth noting that the order for the appointment of a manager does not contain information about the 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 a paper on core business, and they are directly related to the functioning of the enterprise as a whole.

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

The most important thing in this document is control body identification rather than his official duties. In other words, this document contains information for the rest of the employees of the enterprise that it was this person who entered into the execution of his official duties on the basis of a specific decision or order.

The need to issue a document

Any organization or firm should V without fail have your own leader. In general, a manager is a person responsible for the operation of the enterprise, its employees, as well as for profitability or unprofitability.

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 providing any services.

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

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

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

With this form CEO will cooperate with each of the heads of the department of the directorate 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 general director are assigned to the founder with a 100% share, 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 have been settled, namely, an employment contract has been signed and an appointment order has been issued, you should proceed to the next stage of registering an employee.

To do this, it is necessary to make appropriate changes to the Unified State Register legal entities. To do this, fill out specialized formP14001.

This procedure is done in three days from the date of entry of the employee to the position of General Director. If the company or organization is newly created, then the data on the head automatically are included in this register.

Structure and sample document

It should be noted that for different forms of organizations, the procedure for registering a director for a position is slightly different. For example, in an LLC, it is more complicated and the requirements for it are more stringent. Let us consider in more detail how to properly register a director in a limited liability company.

The procedure for compiling a document next.

IN document header indicates:

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

Order header includes its condensed content. In this case, an entry “On assuming the office of director” is made with a direct reference to the number of the protocol and the date of its compilation.

IN text At least two items must be submitted:

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

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

If the future CEO is sole founder 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 exactly the same numbered and entered in a special registration book for orders.

Document structure next:

the first line is written "Russian Federation";
in the second line, “Individual entrepreneur full name” is written;
the third line - all the details of the entrepreneur are indicated in small print (TIN, PSRN, registration certificate number in the IP register);
just below the original number and date of filling out the document;
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. Signature transcript must be next: Sole proprietor 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 decide all issues related to the management of the enterprise.

Typically, the director manages the day-to-day activities of the company and is entrusted with the 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 the dismissal, transfer and hiring of employees;
may apply incentive measures or impose disciplinary sanctions;
is 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 in the reorganization of the enterprise;
keeps minutes of the general meeting of participants;
participates in general meeting LLC founders;
convenes a constituent assembly, etc.

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

In general, the procedure for the activities of the general director and the adoption by him management decisions should be regulated in the charter of the company, in internal documents and the employment contract.

It should be noted that the director in front of the company bears complete liability for causing moral and property damage, as a result of erroneous or thoughtless actions, as well as deliberate infliction of this harm.

Results

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

company bankruptcy;
at will;
by decision of higher authorities (if there are no guilty acts, then the head is paid compensation);
under other circumstances stipulated in the contract.

Thus, the appointment procedure includes three stages:

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

You can find out how the change of the CEO takes place from this video.

Thus, an individual entrepreneur can appoint one of his employees to the position of head. For example, if an individual entrepreneur is going to retire and hires a director, then it is necessary to add a unit of managerial personnel to the staff list (from the unified qualification directory). At the same time, an employee cannot be accepted for the position of general director. In this situation, the following leadership positions are suitable:

Executive Director;
commercial director;
direction director;
sales director;
personnel director;
manager.

It is impossible to appoint a single head (the first person of the company) from among employees due to the fact that the individual entrepreneur himself always remains with him. An individual entrepreneur will bear full responsibility before the state.

Order of individual entrepreneur for employment: download sample

IN work book reflects information about the position for which the employee was hired, the date of employment, as well as the document - the basis (number and date of the order).

IP order on hiring employees When drawing up an order on hiring IP, they use the form that is valid on the basis of the Decree of the State Statistics Service dated 05.01.04.

Therefore, an individual entrepreneur can draw up an order in strict accordance with the T-1 form, or use his own form, developed taking into account internal requirements.
Read also the article: → “Form T-1 and T-1a. The order of acceptance to work".

Order on the appointment of a director

Remuneration and deductions If an individual entrepreneur got a job under an employment contract, this does not relieve him of paying contributions to the Pension Fund.

As well as the employer who has hired an individual entrepreneur, makes deductions for this employee the same as for all other employees.

Moreover, the person who opened the IP is not required to inform his employer about this.

This information is in state register and available upon formal request.

So, any individual entrepreneur - current or former - can be hired in budget organization or under an employment contract, while the work will be the main one for him (or part-time, if he is arranged somewhere else).

Attention

When hiring an individual entrepreneur, the employer is guided by the generally accepted rules for drawing up an application, an employment contract and other documents.

Drawing up an order for SP on hiring employees

Who can appoint whom leadership position? It is obvious that an individual entrepreneur, being the owner of a business, is solely responsible for his activities, including the financial and economic sphere, as well as reporting and accounting.

Thus, the IP performs the duties of a leader.

In accordance with the current legislation, registration of an individual entrepreneur as a director and payment of wages to oneself is not provided.

That is, there is no need for an order to hire an individual entrepreneur to work for the position of director.

All this under the law implies the status of an individual entrepreneur.

ip job application

IN general order An individual entrepreneur should request the following documents:

passport;
work book (if available);
diploma of higher education(in the presence of);
documentation military registration(for those liable for military service);
certificate of pension insurance.

An individual entrepreneur has the right to request other documents from a candidate for a position, if necessary (for example, a certificate of completion of courses, trainings, internships, etc.). Together with necessary documents, IP should be requested from the employee to draw up and submit an application for employment.
The form of the document is free, indicating necessary details(Name of the employee, IP data, date of employment, position, date of preparation of the document, signature of the applicant). Please note that this document is not mandatory.

A sample of any order for SP urgently!

At the same time, an individual entrepreneur who hires an employee for the first time is required to register with the IFTS as a payer of social contributions.

In addition, an individual entrepreneur is required to register with the FSS as an employer.