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If you decide to destroy a stamp using the services of a third-party organization, then you will need to hand over not only the stamp products themselves, but also the necessary set of documents that you may be required to:
After which you can order a seal of the organization.
Attention
If it is more convenient for you to destroy the stamp with the help of your institution, then the procedure is approximately as follows. Based on the Order to destroy the stamp, the head of the organization creates a special commission, which is obliged to physically destroy the cliche and all components of the stamp product in order to prevent its further restoration and use.
Next, the commission draws up an act of destruction, which is subsequently also approved by the signature of the head of the institution. Certificate of disposal of the organization's seal After the appointed commission has disposed of the stamped items, it is necessary to draw up a document confirming this fact.
Such a document is the Print Recycling Certificate.
Example 3 Additional seals Collapse Show The use of additional seals should be treated with some caution, since their legal force may be questioned. We recommend affixing the main seal of the organization to documents submitted to government and regulatory authorities.
There is nothing wrong with using an additional seal, but local officials may well refuse to accept documents certified by them. To avoid unnecessary delays, it is better to use the main seal immediately.
The seal “For contracts” is also worthy of attention. Is it possible to put it on contracts? Civil Code The Russian Federation does not contain a requirement to certify signatures in an agreement with a seal. However, the contract itself may include a condition that the signature is certified by the main seal of the organization.
If there is no such condition, then you can put a stamp “For contracts”.
This means that employers who pay their employees at the minimum wage must raise their wages from May 1.< … ИП и самозанятым гражданам предложат новый спецрежим Минфин ведет работу над проектом закона, которым для самозанятых граждан, а также ИП без работников будет введен новый специальный режим налогообложения (налог на профессиональный доход).
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Home → Source documents(samples of completion) → Certificate of destruction of the seal The need to draw up an act of destruction of the organization’s seal may arise if (Section 7 Methodological recommendations for the implementation of GOST R 6.30-2003, approved. Rosarkhiv):
In 2015, amendments were made to the Laws on LLCs and JSCs to allow organizations to conduct activities without seals and stamps (clause 7, article 2 of the Law of December 26, 1995 No. 208-FZ, clause 5 of art.
Sample regulations on seals and stamps In conclusion, we provide a sample Regulation on the manufacture, recording, use, storage, destruction of seals and stamps in commercial organization. Each company can create its own based on it, see.
Example 12. Pay special attention to clause 7.1, which states that the use of seals not provided for by the regulations is not permitted. But the organization is growing and developing, and the appearance of new seals, and especially stamps, cannot be avoided.
This must be monitored and each new seal/stamp must be recorded in its Regulations using the standard method of amending local regulations.
Records with registration data were verified: Chairman of the commission (signature) (surname and initials) Members of the commission (signature) (surname and initials) (signature) (surname and initials) After approval of the act, the listed documents were verified with the entries in the act before destruction and were completely destroyed by (method of destruction) "» 20 g per hour min. Place of destruction Chairman of the commission (signature) (last name and initials) Members of the commission (signature) (last name and initials) (signature) (last name and initials) Marks in the record book about the destruction of seals and stamps produced (signature) (surname and initials) » » 20
In the practical activities of any organization, sooner or later the question arises: “What to do with old seals?” There is no authority to use, there is no point in saving... Responsibility for the continued use of old seals is not legally prescribed anywhere. Obviously, their use will be an act of falsification of documents, so the right decision is their destruction.
Important
But according to all the rules. There are at least two cases when evidence of destruction may be required: by banks and judicial authorities during further re-registration. We draw up an order to destroy the seal (example 1). Example 1.
A legal entity, at its discretion, can place its own logo, emblem, Bank details, contact details, etc. Individual entrepreneurs (hereinafter referred to as individual entrepreneurs) are not required to have a seal (see.
Info
Federal Law “On state registration legal entities and individual entrepreneurs" dated 08.08.2001 No. 129-FZ). Examples of seals from GOST R 51511-2001: Example 1 Seals business entities CollapseShow In the mentioned GOST you can also find requirements for the procedure for the production, use, accounting, storage and destruction of seals, but they are mandatory only for organizations using state symbols.
Accounting for seals and stamps All seals and stamps of an organization are subject to accounting. Information about which department a particular stamp or seal is located in, when and to whom it was issued, handed over and destroyed is contained in a special journal. Since this journal contains impressions of seals and stamps, as well as handwritten signatures of the employees responsible for them, it is handwritten. The possible composition of the columns and the method of filling are shown in Example 5.
Occasionally, seals have to leave the organization and go, for example, to a meeting with a counterparty, as a result of which a protocol of disagreements to the contract will be immediately signed. The manager who goes to the meeting must take the seal with him.
This fact, as well as the fact that the seal was returned to them, is recorded in a special journal - see Example 6.
In addition, in the form of the act it is necessary to put imprints of the stamps being destroyed and to attest in writing to the fact that the manipulations made led to the complete unsuitability of the cliches for further use. How to draw up an act The execution of an act is also left to enterprises: it can be created in handwritten form or printed on company letterhead or simple sheet A4 or A5 format.
The only rule that must be observed is that all information provided must be certified by the autographs of the members of the commission who carried out the disposal. After this, the act is submitted for certification to the head of the company or another person who has the right to sign such papers.
The destruction of seals and stamps involves the complete destruction of their printing surface and form, preventing the possibility of their restoration and further use. Seals (stamps) are delivered sealed to the place of destruction. The destruction of mastic seals (stamps) is carried out by burning, and metal seals - by sawing off (clichés are filed down with two cross lines). All members of the commission sign the act regarding the destruction of seals (stamps).
Step 7. “Registration of the Act on the destruction of seals and stamps” The act is registered in the journal of incoming documents. The employee responsible for accounting for seals (stamps), on the basis of the act, makes notes on destruction in the relevant Book of Accounting for Seals and Stamps (Journal) and submits a copy of the act to the department accounting Main Financial and Economic Directorate.
How to draw up an act on the destruction of an organization’s seal There is no approved form for an act on the destruction of seals and stamps. The act must list the members of the commission present when the seal was destroyed, indicate the reasons for the destruction and the method (for example, crushing into fractions, cutting into small pieces), as well as the date and time when this happened.
Also on the act, before breaking the seal, its imprint is affixed. And then the chairman and members of the commission put their signatures, confirming the fact of destruction.
Based on such an act, an entry about the destruction will need to be made in the seal movement journal. This is done by the person responsible for storing the seals. Act on the destruction of seals and stamps: sample Prev. / Next
The need to draw up an act on the destruction of the organization’s seal may arise if (section 7 of the Methodological recommendations for the implementation of GOST R 6.30-2003, approved by Rosarkhiv):
You can destroy an old stamp by contacting a stamp workshop and paying for the service according to the price list. Another option is to get rid of the seal (in other words, break it) on your own, while drawing up an act of destruction of the old seal.
Note that the seal will need to be crushed beyond repair (or the cliché will need to be damaged in such a way that the seal definitely cannot be reused). Moreover, the entire procedure must take place in front of the commission, whose members will sign the act.
There is no approved form for the act of destroying seals and stamps. The act must list the members of the commission present when the seal was destroyed, indicate the reasons for the destruction and the method (for example, crushing into fractions, cutting into small pieces), as well as the date and time when this happened. Also on the act, before breaking the seal, its imprint is affixed. And then the chairman and members of the commission put their signatures, confirming the fact of destruction.
Based on such an act, an entry about the destruction will need to be made in the seal movement journal. This is done by the person responsible for storing the seals.
Sometimes it happens that a procedure such as destruction or establishment may be required. The reasons may be the following:
In this case you may need -
What needs to be done, and where to start first? First, the head of the organization must issue an Order to liquidate the seal of the institution, which must indicate the reason for making such a decision, then the actions in this regard are prescribed point by point:
If the seal to be destroyed is one of the stamp stamps, then in most cases this procedure takes place in the Office of Affairs, where it must be submitted with all the relevant documents. If this is an ordinary seal or stamp, then the destruction of this type of stamped product can be carried out by one’s own organization, or with the help of a third-party organization endowed with such powers.
If you decide to destroy a stamp using the services of a third-party organization, then you will need to hand over not only the stamp products themselves, but also the necessary set of documents that you may be required to:
If it is more convenient for you to destroy the stamp with the help of your institution, then the procedure is approximately as follows. Based on the Order to destroy the stamp, the head of the organization creates a special commission, which is obliged to physically destroy the cliche and all components of the stamp product in order to prevent its further restoration and use. Next, the commission draws up an act of destruction, which is subsequently also approved by the signature of the head of the institution.
After the appointed commission has liquidated the stamped items, it is necessary to draw up a document confirming this fact. Such a document is the Print Recycling Certificate. It must contain:
The act serves as the basis for making a corresponding entry in the institution’s Stamp Products Logbook, where the date and number of the disposal act, as well as the reason for which the procedure was carried out, are indicated in a certain column. The act is kept together with the journal in order to avoid disputes and misunderstandings regarding the impressions of old stamps.
Of course, if you choose our company regarding the disposal/destruction of an organization’s seal, we will be able to do it professionally, competently and quickly, without losing sight of anything. All you have to do is obtain documents confirming the fact of destruction of your old stamp product.
When the Moscow Registration Chamber existed in Moscow, it was engaged in the destruction of seals, but the MCI was liquidated on the basis of Moscow Government Decree No. 65-PP dated 02/08/2005. Some stamp manufacturers provide third party stamp destruction services. The procedure for independently destroying seals and stamps is as follows: Step 1. “Order of the manager on the appointment of a commission” See the text of the order at the end of the paragraph. Step 2. “Seals and stamps are handed over for destruction to the Department of Affairs.” Those that have become unusable during operation or taken out of service and lost practical significance seals and stamps are subject to delivery to the Administration for centralized destruction and deregistration. Step 3. “An Act is drawn up with imprints of the seals and stamps to be destroyed.” The selection and destruction of seals and stamps is carried out by a commission appointed by order of the General Director.
Important
When asked what exactly should be depicted on the seal legal entity(we will call it), answer clause 5 of Art. 2 Federal Law"About societies with limited liability» dated 02/08/1998 No. 14-FZ, as well as Art. 2 of the Federal Law “On Joint Stock Companies” dated December 26, 1995 No. 208-FZ. These articles contain almost identical text, from which it follows that the seals of LLCs and JSCs must contain:
In addition, the seals of an LLC or JSC may contain the company name of the company in any language Russian Federation and (or) a foreign language.
Info
It is impossible to give a resigning employee a copy of SZV-M. According to the law on personal accounting, when dismissing an employee, the employer is obliged to give him copies of personalized reports (in particular, SZV-M and SZV-STAZH). However, these reporting forms are list-based, i.e. contain information about all employees.
Example 2 Stamps for different purposes Collapse Show Types of seals in an organization Any organization, as well as individual entrepreneurs, have the right to produce additional seals for their needs. They will disperse structural divisions and will be affixed by their employees on strictly defined documents.
Which ones should be specified in the relevant regulations (see paragraphs 5.2 and 5.3 in Example 12).
However, in general, the procedure for recycling cliches is approximately the same:
It should be said that in some cases, organizations do not destroy seals and stamps themselves, but transfer this right to third-party companies.
It must contain:
The act serves as the basis for making a corresponding entry in the institution’s Stamp Products Logbook, where the date and number of the disposal act, as well as the reason for which the procedure was carried out, are indicated in a certain column. The act is kept together with the journal in order to avoid disputes and misunderstandings regarding the impressions of old stamps.
General Director » » 20 Appendix (“ACT ON ALLOCATION FOR DESTRUCTION OF SEALS AND STAMPS”) APPROVED by General Director » » 20 ACT ON ALLOCATION FOR DESTRUCTION OF SEALS AND STAMPS Commission appointed by order of the General Director dated » » 20
N, consisting of: made a selection (positions, surnames and initials of the chairman and members of the commission) for the destruction of the following seals and stamps that have lost their practical meaning and have become unusable: | N |Registration|Name| Imprint |Quantity| Base | |p/p| stamp number|stamp| print | stamps|for| ||(stamp)|(stamp)|(stamp)|(stamps) |destruction| | | | | | | | | 1 |2|3|4|5|6| | | | | | | | | | | | | | | The total number of items subject to destruction (quantity in words).
What is the official procedure for destroying a company seal? One document upon destruction official seal not enough. In order to avoid legal complications in the future, it is necessary to follow the procedure for destroying the seal. The need to destroy the official seal of an enterprise, as well as any other seals, may arise in three cases:
Although the issue of destruction is not regulated at the federal level, in each individual subject of the federation and municipal formation There may be local regulations regarding the destruction of seals.
cutting using special tools (if the cliche is metal). The main thing is that as a result of destruction, these products become completely unsuitable for further use. How to draw up an act A standard unified form of an act on the destruction of seals and stamps has not been developed by legislators.
This means that enterprises are free to write it in any form or according to a template approved in accounting policy company. At the same time, there is a number of information that must be indicated in the document:
All specialists in the manufacturing company adhere to GOST requirements and guarantee a high-quality product, and help during the destruction of the old seal and the preparation of all necessary documents. When making prints, they use layouts that have varying degrees of complexity based on existing samples or based on sketches approved by the customer.
If the seal needs to be made according to a sketch, then it is necessary to prepare necessary documents, which relate to the registration of a legal entity or private entrepreneur. If you need to make a seal for joint stock company, then approval of the sketch of the new seal is necessary.
A sample order for the production of a seal includes the following information: about the sketch of the seal and its approval, who will exercise control over the execution of the order and, accordingly, sketches of the seals.
Law of 02/08/1998 No. 14-FZ);
You can destroy an old stamp by contacting a stamp workshop and paying for the service according to the price list. Another option is to get rid of the seal (in other words, break it) on your own, while drawing up an act of destruction of the old seal. Note that the seal will need to be crushed beyond repair (or the cliché will need to be damaged in such a way that the seal definitely cannot be reused). Moreover, the entire procedure must take place in front of the commission, whose members will sign the act.
In the Log Book, this fact must be reflected in the last column “Notes / mark of destruction (date and act number)”, then:
Possible periods of action of the commission and the order for its creation (for example expert commission) are shown in the article “Examination of the value of scientific and technical documentation.” The recipe for drawing up various acts is given in the article “Acts in the office and in the personnel department.” Here you will find: requisite analysis (what is mandatory, what is optional, what is needed in certain cases); possible options for constructing the text of the act; three samples of fully executed diverse acts.
After the management of the organization makes and approves the decision to dispose of the seal, an act of destruction is issued. This document is an internal document of the organization and is drawn up in the manner approved for this type of business paper.
Federal laws of the Russian Federation, regulating the activities of enterprises of various forms of ownership, determine the need for each legal entity to have a seal indicating its company name and address.
Organizations that have in their arsenal a large number of stamp products must pay special attention to the issue of their accounting, storage and disposal.
The entire variety of stamp products that the company produces and uses in its activities can be classified based on different criteria. According to the type of impression obtained when using a seal or stamp, they are divided into stamped products with an imprint on paper using printing ink and print with a three-dimensional imprint on wax, plasticine or filling. The shape of stamp products can be round, oval, rectangular or triangular. By status - main and auxiliary, etc.
Disposal, i.e. destruction seals and stamps, occurs in an organization for a number of reasons. One of them is the adoption of a law abolishing the mandatory endorsement of documentation using seals and stamps. Previously, before the release of this law, all organizations had to use stamps when working with documents in mandatory, now this procedure is not mandatory. It is the right of any company to continue or not to use clichés in its work. The only condition is that this procedure must be enshrined in the company’s local regulations.
It should be noted that recycling of stamped items is not a mandatory procedure for the company. The purpose of recycling is to protect the organization from the possibility illegal use its attributes are scammers.
In 2017, the legislation does not define a standard procedure for the production and disposal of company stamp products. Each organization can develop and approve a regulatory database of actions independently.
In principle, there is no need to invent anything. In each company, the procedure for recycling stamp products follows approximately the same scheme:
The company's management makes a decision to destroy stamps that have lost their relevance (the decision may concern one cliche, a whole series of cliches, or all stamp products of the company);
Preparation, publication and approval of the order;
Creation of a commission responsible for the destruction of stamped items;
Drawing up an act of destruction of seals.
In some cases, enterprises do not carry out the cliche disposal procedure themselves, but entrust it to third-party contractors.
We pay special attention to the fact that the act of destruction cannot be drawn up retroactively in relation to cliches that were lost or stolen. In these cases, you need to file a police report about theft or loss. This must also be reported to the tax authorities, the bank and advertised in the media in order to prevent unauthorized use of company attributes by fraudsters.
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The number of members of the commission is usually small, but there are at least two representatives of the organization. Theoretically, these can be any employees of the company, but in practice, commission members most often appoint a director or his deputy, an employee keeping records and storage of stamp products company, HR department employee, legal department employee or clerical secretary.
One of the commission members is appointed chairman, the rest are ordinary members.
The purpose of the commission’s work is to review all of the company’s stamp products and select products that have lost their relevance.
The next stage of work is the elimination of non-functional samples in any available way:
If the cliche is made of soft polymers, rubber, caoutchouc, etc., then it is cut into small pieces using scissors;
If the cliche is metal, then it is cut down using special tools.
The main purpose of these actions is to bring products into a condition that does not allow their restoration and further use.
The final stage of the commission’s work is the preparation and drawing up of an act of destruction of seals.
The legislation does not provide for a unified form of the act of destruction of seals and stamps. In practice this means that this document drawn up in any form or according to a template that is used in the company’s office work.
It should be noted that there is a list of necessary information that must be reflected in the act:
Please note that the text of the document must contain imprints of cliches that are subject to disposal. Separately, the fact must be recorded that the actions taken have brought the products into a state that does not allow their further use.
A sample act of destroying a seal is presented in Figure 1:
Figure 1. The act of destroying the seal
In 2017, the execution of the act is not regulated by law. It can be handwritten, created on a computer, and printed on a plain sheet of paper or letterhead. Format – A4 or A5.
All information contained in the act must be confirmed by the signatures of members of the recycling commission.
The act is certified by signature general director or a person authorized to sign documents of this kind. A corresponding entry must be made in a special journal for recording the movement of stamp products of the company. It is done by the employee responsible for maintaining the journal.
As a rule, the act is drawn up in one copy. If necessary, a copy can be made.
Destruction Act seals and stamps are stored together with other internal documents of the company for a period regulated by local regulations companies. Let us remind you that such a period cannot be less than three years. After the storage period expires, the document may be destroyed.