Taking over as CEO. Order on assuming the position of General Director of LLC

Upon taking office CEO A lot of HR people have questions. Can he sign the appointment order himself? And what if he is the sole founder of the organization?

From the article you will learn:

Procedure for appointing the CEO

Download related documents:

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

Appointment letter for director

The company must develop the form of the order to assume the position of general director on its own, since there is no unified form of this document. For used letterhead organization, if any.

Application for appointment as a director

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

For example, in such an order there is no need to list the duties of the first person of the enterprise or indicate his salary - it is enough to make a reference to or staffing of the company, respectively.

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

the title of the document should reflect its content; the most commonly used wording is “On taking office of the CEO”;

in the event that the CEO takes office on the day the company is established and its details have not yet been fully determined, in they can be omitted;

the date of signing the minutes of the general meeting (or the decision of the sole participant), and the order of entry into office must match or go in chronological order. In case of violation of this rule, the company may have difficulties during the audit;

in the event that the new CEO takes office after the departure of the previous employee, the date of entry into the position of the new employee should not occur 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 letter of appointment for director

This document includes the following content blocks:

full name and details of the company;

the place where the document was made;

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

data on the person who assumes the position of General Director;

date of his inauguration.

Note! In addition to this information, other information may appear in the sample order. essential conditions, for example, the assumption by the CEO of responsibilities in the absence of this position in the enterprise.

According to the requirements of the current legislation administrative documents issued by the organization must be endorsed authorized person. Given this fact, 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 orders of the organization.

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, .... (the personal data of the director are indicated), I begin to perform the duties of the general director from ... (the date of taking office is indicated).

Additional documents to the order on taking office of the new CEO

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

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

1. preparation of form No. P14001 for making changes to the Unified State Register legal entities(Unified State Register of Legal Entities) and sending the completed form to the territorial subdivision 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, necessary information transferred to the tax office upon registration;
2. new CEO. At the same time, in the fourth column, where the basis is indicated, the details of the minutes of the general meeting of founders are recorded first of all, and only then - the details of the order on taking office;
3. issuance of an order to terminate the powers of the former general director. At the same time, it is advisable to check the content of the instructions and orders made by him during the last time: perhaps some of them will need to be suspended or canceled;
4. edition job 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;
5. re-registration of the sample signature of the general director in the bank where the organization is serviced. In this situation, it may be necessary to certify a new sample signature by a notary.

Note! 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 CEO.

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

Download in.doc

Download in.doc

Order on the appointment of a director (sample) can be issued both in relation to a person from among the founders, and a specialist hired from outside. In any case, the director has a special status in the organization: he is a full-fledged employee of the organization, but with all possible powers of the head, who acts on behalf of the organization. To appoint such an employee to a position, you will need two documents: an order on the appointment of a director and a protocol of a meeting of employees of the enterprise. If the sole founder of the organization assumes the functions of the head, then it is enough for him to issue a decision on his own behalf instead of the required protocol.

The order on the appointment of a director is not a standard document with a unified drafting form. This is a document of the main activity, which must be permanently stored in the organization.

The sample order is filled out as follows:

The header should contain standard information about the name and legal form of the enterprise, the place of issue of the order (the city is indicated), its serial number and the date of compilation. The title should briefly indicate the content of the document, so it has this title: " On taking office of the director of the enterprise (his name is indicated)».

In the main text of the document, it is imperative to prescribe two main points. First, the order on the appointment of the general director begins with information about the documents on the basis of which it was drawn up. Here you also need to indicate the date of entry into the position and the name of the organization, the leadership of which he begins. Secondly, the conditions and procedure for the entry into force of this document must be prescribed.

At the end, the surname, initials and position of the person who prepared director appointment order, his painting is put and, if desired, a seal, but not necessarily. In the event that the sole founder of the organization must appoint himself to the position of general director, he signs the order on his appointment independently.

Within three days after the order was issued to appoint the general director, it is necessary to submit the completed form No. P14001 to amend the Unified State Register of Legal Entities. This does not apply if the director has been taken on by a newly created organization. In this case, all information has already been entered into the Unified State Register of Legal Entities during the registration of the organization.

It is also worth remembering that order for the appointment of the general director- this is a document of the main activity of the organization, therefore it should not contain information about the salary of the general director and other working conditions that are prescribed when hiring ordinary employees. The main purpose of the order is to identify the head of the organization, so that the employees to whom the order on the appointment of the general director (sample) will be announced clearly understand who and on the basis of what will lead them.

Sample order for the appointment of the general director:

Limited Liability Company
«______________»
ORDER No. 007
"07" January 2014
Tomsk

On taking office as CEO and
Chief Accountant of the Company

I ORDER:

2. Due to the absence of an accountant in the staff of the Company, the duties of the chief accountant of the Limited Liability Company “Firma do-it-yourself” are assigned to Ivanov Ivan Ivanovich from “00” month 2010.

General Director __________________________ I.I. Ivanov

Before the CEO is to be appointed to a position, it is mandatory to create special order. He gives confirmation that the new person takes office and receives all the powers from the previous head.

When to apply and when not to

The decision to choose a person as a leader is made by the founder of the organization, if there are several of them, then a meeting is held, and this decision is collective.

If the appointment to the position is not documented according to the rules, then the actions of the CEO can be considered as illegitimate.

Appointment letter for new leader must be drawn up in cases where:

1. A new organization is being opened. In such a situation, the order to appoint a director to the post should be the very first decree in the activities of the organization, and he is assigned the first number. Only after this did he enter new position the leader may issue the following decrees.
2. A person who holds the position of director leaves this post for any reason. This may happen by own will, by decision of the council of all founders, when it enters the retirement age and other. The replacement of leaders also takes place after the order is drawn up.

Form and content

The form of the order on taking office of a new leader is unified. An authorized person is responsible for its creation and fixing of the species. Once the form of the document is approved, it must be recorded in the protocol created by the meeting of founders.

Despite the fact that each organization can make its own adjustments, in the order the following details must be present:

• information about the organization: full name, address, TIN, KPP, OGRN;
• the name of the order itself: "On taking office of the General Director" or "On the appointment of the General Director."
• date of creation;
• place of creation;
• information that confirms the drawing up of this order, this may be the number of the minutes of the meeting or the decision of one founder;
• the full name of the incoming director;
• signatures of authorized persons.

The order can be written in the first person. As for the date of creation of the order, then it may be the same as the actual start date of the work. If a new director is appointed to replace the old one, then the date of his acceptance to the position cannot be earlier than the dismissal of the previous director.

Sample letter of intent to take office:

LIMITED LIABILITY COMPANY "Energosbyt"

Energosbyt LLC 624223, Yekaterinburg, st. Lenin, 2-d

TIN 951789625 KPP 954701001 PSRN 15698735216698 Tel.: +7 956 785 65 98

on assuming the position of leader

Based on the decision of the meeting of the founders of Energosbyt LLC (Minutes No. 1 dated March 04, 2017), I, Pavel Sergeevich Zalesov, take up the duties of the General Director of Energosbyt LLC from March 07, 2017.

Due to the lack of staffing Energosbyt LLC, an accountant, I order to assign the duties of the Chief Accountant of Energosbyt LLC to myself.

General Director ______________________________________________ Zalesov P.S.

The order of publication and registration

When drawing up an order, one should take into account the fact that this document also contains legal nature, therefore, it should not include unnecessary information other than that which contains data on taking office.

All other information must be specified in other relevant documents, for example, in job description or employment contract.

In order to correctly make an appointment to a position, you need to know what stages the change of leaders consists of:

1. First of all, document P14001 is created, a written decision of the founder (s) should be drawn up and information should be provided to the tax service within three days.
2. After that, an order is issued on the assumption of the position of General Director.
3. A standard is drawn up between the organization and the head labor contract, also a record of this is recorded by a personnel officer in work book. Despite the fact that the contract is signed after the order is drawn up, an entry into it is made on the basis of the minutes of the founders.
4. The bank changes the signature sample, this is done in the presence of a notary or a responsible bank employee.
5. The required entry is made in the Unified State Register of Legal Entities. The date corresponds to the one when the entry of the new leader began, and coincides with the last working day of the previous one.

Also, before directly starting to perform their work duties as a new director, it is necessary to check that all the affairs of the previous leader were completed.

It is necessary to review all the decrees and orders given to him, if they are not necessary, from the point of view of the new director, then cancel them. This is necessary so that the old leader does not make any unprofitable transactions that will be completed after the new one takes office.

In order to cancel already issued decrees, it is enough just to draw up new ones that have the right to cancel the previous ones. Powers of attorney are canceled by simple letter from manager, which is intended for a trusted person, it contains the feedback itself.

This matter must be approached responsibly and check all cases thoroughly, since after a while you can simply not find the guilty in the event of controversial issues.

Right to sign

In the order after its announcement must be signed by an authorized person. Who exactly it will be depends directly on how does this post:

1. If a new person takes office, he signs the order himself. Despite this, the decision and the basis for the approval of the candidate comes from the meeting of the founders.
2. If the head is appointed to the position, then the signature of the owner is required. If there is a meeting of directors, and he is its chairman, then the minutes indicate common decision assembly.

In the absence of a signature, the document, of course, is considered invalid. Printing on it is not required, as it is an internal document of the organization.

Basic Mistakes

Some errors that are made when placing an order may entail legal liability. In order to avoid similar situation should follow:

1. Citizenship of the appointed person- if the general director does not have Russian citizenship, then he is removed from his post, and another candidate is chosen in his place.
2. How are the dates of dismissal of the former leader written?. Often there are cases when the moments “fired on the 10th” and “fired on the 10th” are confused. The dates of dismissal and appointment must be correctly distributed and follow each other.

The order appointing a new director is important document, therefore, its design must be approached with all responsibility. The first decree of the new leader cannot make mistakes, since it is indicator of his work.

How to hire a CEO? The answer to the question is in this video.