Order on the appointment of the head of the enterprise. How to draw up an order for the appointment of a general director

Documentation 11.06.2024
Documentation

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 sanctions;
  • exercises other powers not assigned by this Federal Law or the company's charter to the competence of the general meeting of the company's participants, the board of directors (supervisory board) of the company and the collegial executive body of the company.

In other words, it is an executive body and a “terminal” for the LLC’s communication with the 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: Sample P14001 donation of a share in an LLC to a participant or a third party in 2019

Procedure for appointing a manager

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

  1. 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).
  2. State registration of changes in the Unified State Register of Legal Entities, in connection with changes in information about the sole executive body.
  3. Conclusion of an employment contract (on the part of the LLC signed by the only participant, or the person who chaired the meeting).
  4. 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.

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 general director himself is essentially recognized as a simple employee 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 foundersFeatures of the procedure
Appointment of a manager with several foundersTo 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 founderHere 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 division is hired on the basis of an order from the general director and a written reference from the head of the department, the department of regional financial and commercial activities, as well as the 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 of the executive director. In addition, the appointment is agreed upon by the general meeting.

A job description is drawn up for the financial director, 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 for hiring the president of the organization;
  • employment history;
  • 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 of the above documents confirm the legal status of the general director of a 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 for 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 the 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 discovered during the appointment of a candidate to a leadership position, the organization faces a fine.

You can find out how the salary of the director, the sole founder, is paid in this video.

An order to assume the position of director is an internal administrative document of the company, which, along with the order to hire a director, formalizes the labor relationship with the director.

The manager is one of the main persons of any company. And although he occupies a high position and decides many issues, in fact this person is a worker like everyone else. His employment is formalized according to general rules, but with some peculiarities.

Procedure for appointing the General Director

The manager is chosen and appointed by the owners of the company - the participants (or the sole founder) of the LLC at a general meeting. If the company already had a general director, he is removed and a new one is appointed. Since only one person can manage a business, it is important to keep track of the dates when the employment relationship with one manager ends and begins with another. They should not cross each other, since two people cannot have the same powers at the same time.

The next stage of the procedure for appointing a general director is making changes to the registration data in the Unified State Register of Legal Entities. At the same time, an employment contract can be concluded with a new employee, usually a fixed-term contract with a validity period of up to 5 years. The employer in this case is either the sole founder of the LLC or the chairman of the general meeting of participants.

Please note: an employment contract can be concluded before changes are made to the Unified State Register of Legal Entities, but the responsibility, ability to sign documents, make decisions and all other functions of the new manager appear from the moment the registration data is updated - 5 working days after submitting the application.

From 01/01/2019, the service for changing information in the Unified State Register of Legal Entities is free if electronic documents are submitted, including through the MFC. When handling paper documents, you will have to pay a fee of 800 rubles. Additional information can be found by phone or on the Federal Tax Service website.

The last step is issuing an order at the enterprise to hire a new general director. According to Article 68 of the Labor Code of the Russian Federation, any employee is hired after issuing an appropriate order drawn up taking into account the provisions of the concluded employment contract. That is, first a cooperation contract is signed, and it is the legal basis for issuing an order.

Most often, a sample order for the appointment of the general director of an LLC is taken from Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1, which approved the unified form N T-1. But since 2013, it has become recommended and not mandatory, so enterprises can modify and change it at their own discretion. Let's look at a sample order for the appointment of a director of an LLC (2019) and the features of filling it out.

How to draw up and from whom to sign an order for the appointment of a general director

Let's look at how to fill out an order for the general director.

Step 1. We write down the name of the employer (in our example, LLC), and specify the OKPO code, which is assigned upon registration of the enterprise.

Step 2. Enter the number of the order being drawn up and the date of preparation.


Step 3. Using the details of the employment contract, in the order we indicate the period during which the manager will perform duties, his personnel number, as well as his full name. in the genitive case.


Step 4. We write down which department and position the employee is applying for. If there are any special features of the work, we also indicate this.


Step 5. We write down what salary the new employee is entitled to, and if there are bonuses, theirs too. All data must be verified against the concluded employment agreement.


Step 6. We specify the trial period (check, it cannot be more than 6 months, regardless of where the LLC is located - in Moscow or Chukotka).


Step 7. We indicate the reasons for issuing the decision. The details of the employment contract must be included. In addition, information about the minutes of the general meeting of participants, the decision of the owner of the organization’s property, and other documents can be clarified here.

Step 8. We sign and familiarize the employee with the order. Since the general director and the employee in our case are the same person, the fields provided for signatures must be signed by the same person.

What else needs to be done

In theory, you don’t need to do anything else; the hiring procedure is completely completed. However, some experts, referring to the letter of Rostrud dated September 22, 2010 N 2894-6-1, also propose issuing an order on taking up a position, since on its basis information is entered into the employee’s work book.

There are no special forms for the order; it can be left in any form. The main thing is that all the data in it corresponds to previously issued papers and there are no factual errors. The document itself is drawn up in the first person and signed directly by the director.


Sometimes a deputy also comes to the enterprise at the same time as the new general director. It also needs to be drawn up in accordance with all the rules, and then an order is issued on the appointment of a deputy director of the LLC. A sample of this document is presented below.

How to register a person who will temporarily replace the director

A manager, like any other employee, can ask to take a vacation, go on a business trip, or go on maternity leave. In this case, a person must appear who can replace the boss and fulfill his duties. There can be many candidates for this job - from external part-time workers, to deputies and people who can work part-time. But regardless of who replaces the main person of the enterprise, it is necessary to issue an order appointing an acting director. A sample of this document is below.


The order is very similar to similar personnel documents and contains the same details: date of preparation, text of the order, grounds for its issuance, information about the person who made the decision (in our case, the general director).

Not a single organization, even the most resourced one, can prosper and develop without leadership. Therefore, the presence of a director of an enterprise is necessary, both in fact and according to the labor legislation of the Russian Federation, and according to the charter of Limited Liability Companies (LLC). To do this, a certain procedure for appointment to a managerial position is carried out and the corresponding changes to the staffing table are drawn up.

Features of appointing a director of an enterprise

Managers of private enterprises have both a wide range of powers and the highest responsibility. In case of serious problems in the company, eliminating them or reducing the size of adverse consequences falls, first of all, on the general director. It is he who must make most of the important decisions. Therefore, this position should go to a competent and responsible person.

The procedure for approval for the position of general director of a company and the form for filling out the order are specified in Federal Law No. 14 -.

It all starts with holding a general meeting of company participants. It is at this meeting that a candidate for the post of general director of the LLC being formed is nominated and approved by order. Then an agreement is drawn up to hire the employee-manager of the enterprise. The document is signed by the general director and the employer.

Then the new manager issues an order to begin performing his direct duties and the procedure is completed.

How to properly register a general director?

From a legal point of view, the general director of a limited liability company cannot be identified with the organization itself. According to the Labor Code of the Russian Federation, he is an employee of an LLC, just like a manager, secretary or cleaner. The differences lie in the rights, responsibilities and, of course, the salary of the CEO. Otherwise, everything is the same, including the need to conclude an employment contract with the employer.

If the general director and the employer are one person, then the document will be signed by one person, but in two places - both from a legal entity and from an individual.

The order for the appointment of the general director must include the following points:

  • full name of the registered LLC;
  • ORGN and TIN;
  • Full name of the appointed manager (last name must be entered in full);
  • date of the manager's assumption of office;
  • validity period of assigned powers.

A sample order for the appointment of the general director of an LLC can be downloaded from the link.

Commercial Director

Any organization (except for non-profits) must have the position of commercial director. It is occupied, as a rule, by people with an economic education. The responsibilities of this manager include the areas of sales, supply, and all economic and financial activities of the enterprise.

To appoint an employee to this position, a corresponding order is issued describing the job responsibilities and an employment contract is drawn up. The latter is signed by both the applicant for the post and the employer. Finally, confirmation is requested from the bank where the organization’s current account is opened, and the new commercial director of the LLC can begin to perform his duties.

Appointment of a Deputy

Especially in large organizations, the general director needs a deputy. A competent employee who has worked in the company for a significant period of time is appointed to this position by order.

To appoint a deputy general director to the position, the latter issues a corresponding order, a sample of which can be downloaded from the link. Then an employment contract is drawn up, signed by the employer and the person appointed to this post. After this, the Deputy General Director begins to perform his official duties.

Executive Director

Such a position as executive director is not available in all organizations. As a rule, he is appointed in large corporations, where it is necessary to manage a large number of employees, solve many emerging problems and regularly amend the company's strategic plans.

The procedure for appointing an executive director requires the presence of a corresponding clause in the organization's charter. If there is none, the general director has the authority to make a corresponding change to the Unified State Register of Legal Entities at the meeting of founders.

Then an employment contract is concluded with the applicant and an order from the general director is issued to appoint an executive director of the LLC.

Additional question: is a stamp required on the order appointing the general director? An organization's internal documents do not need to be sealed, so the answer to this question is no.

Financial Director

The position of financial director in a large organization is simply necessary. All accounting and, accordingly, all financial information of the company are accountable to him. Subordinate to the financial director are:

  • Chief Accountant;
  • accounting staff;
  • financial department specialists.

One of the most popular forms of organizing and running a business is the creation of a limited liability company. When organizing the Company, together with the title documents, first of all, an order for the appointment of a general director is drawn up.

The name of the governing body of the enterprise is determined by its Charter. This could be the president, chairman of the board, etc. More often, the position of a manager is defined as director or general director. The managing body of an LLC is an individual who manages the current activities of the enterprise within the limits of his powers established by the company’s charter, the board of founders, and an order.

The fact that the manager has received authority to manage the company is the drawing up of an order. Moreover, it does not matter how many founders the company has, one or several.

Who is authorized to draw up

Since the appointment of a director is one of the first steps in approving an organization, it is necessary to know exactly how to formalize it and who has the authority to do so.

Creating an LLC is possible in two options:

  • The decision of the sole owner.
  • The decision of several owners.

In the case where an enterprise has one founder, the order for the appointment of a governing body is created by the owner of the company. He has the right to grant powers to himself or a third party. In this case, the basis for hiring a manager is the decision of the sole founder.

When there are several founders, registration is carried out by the decision of all owners of the company. In this case, a protocol of the meeting of all owners on the granting of powers is created.

The form of the protocol is arbitrary; there must be the name of the appointed position, company details, date, name of the owners and their shares. It contains the passport details of the person who is appointed to a managerial position, and the term of his office may be indicated. It is signed by the chairman of the meeting, all founders and certified by the secretary. Based on this protocol, an order is drawn up to approve the powers of the manager. The dates on the documents must be the same.

It is possible to draw up general minutes of the meeting of founders for the establishment of an LLC, approval of its name, charter, size of the authorized capital, distribution of shares, determination of the location of the organization, appointment of governing bodies.

Any capable adult citizen of the Russian Federation can become an authorized person of the company; when appointing a foreign citizen to this position, he must have a residence permit and permission to carry out activities in the Russian Federation.

Document form

The law does not require the process of joining the management team to be formalized in a strict form. It is issued on the company's letterhead. Since the document is public, i.e. its presentation is necessary to open a bank account or to register for tax purposes, it should not contain information that carries a commercial secret (for example, information about salary, work schedule). All essential conditions, rights and obligations of the manager are prescribed in the employment contract and job descriptions.

The form will not contain the company's bank details, since opening a current account is possible only after approval of the governing body.

Main sections of the document:

  • Name.
  • Business name.
  • Content. In addition to the appointment itself, there must be a date of entry into office and a term.
  • If the staff does not have the position of chief accountant, his responsibilities are assigned to the manager. This can be issued as a separate order.
  • Signatures of authorized persons.

Signing of the order by the appointed manager himself is not required. The term of office cannot be longer than the period for which the employment contract was concluded with him. A sample order for the appointment of a director can be downloaded on our website.

An example of filling when the founder and manager is one person:

Other managers

If the company's charter determines the presence of a general director, this implies that there may be other managers subordinate to him: executive, commercial, financial, personnel, etc. This is done to divide the scope of management so that the amount of responsibility of each appointed person for his or her direction is determined.

In this case, the general director acts as a coordinating and controlling link. He has the authority to appoint and dismiss from positions subordinate to him (unless there are restrictions on powers in the charter). They sign orders for the approval of executive, commercial and other managers.

This name of the authorized body is common in multifunctional, large economic structures, when it is extremely difficult for one person to manage all areas of activity.

In small companies, the management position, according to the charter, may be the executive director. In this case, the process of appointing him is no different from appointing an authorized person in an LLC. The name of the position is prescribed in the charter of the enterprise.

The extension of powers of the governing body is formalized in a similar way. After registering an LLC, data on the authorized person of the company is recorded in the Unified State Register of Legal Entities. When changing senior management, it is necessary to formalize new appointments and update information in the authorized bodies to make changes to the organization’s legal documents.

The law does not regulate the name of management bodies at enterprises. The names of the positions are determined by the founders of the company themselves in the process of drawing up the constituent agreement and charter.

An order for the appointment of a director of an LLC authorizes the official to act on behalf of the company, represent its interests in various authorities, sign documents, and perform other necessary actions to ensure the activities of the enterprise or organization.

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