order on the appointment of the Director shall be made in free form.But it should reflect the name, title, reasons for the appointment of a person to the post of Director (acting Director of the order, decision of the sole founder of the company, minutes of the meeting of the founders and, finally, the employment contract);the date of taking office and the period (in the case of fixed-term contracts) is not more than 5 years.In the case of the Company and of life of the director can be specified in the charter of the organization.Additionally, in order to reflect the possible transfer of "accessories" (a stamp, seal, company documents) from the former director of the new.At the end of the order has to be a line: "With the order of the familiar" and painted a new director.
Some organizations have introduced "into circulation" (decision acting head) special form, commonly used fixed form under number N T-1, approved by Resolution of the State Statistics Committee of 2004 N 1. This form, incidentally, is not only suitable in the case of appointment of the Directorbut any employee.The basis for the order on this form is an employment contract.
text of the order will vary as to the exact wording of the post: "CEO", "Administrative Director" (executive).General "runs" all the affairs of the organization, the executive exercises only operational management (administrator).Although they are different positions, the order on the appointment of the executive director may be the same as on the appointment of the general, with the exception of the post.You can arrange the order of the usual form adopted in the institution, the same N T-1, for example.
Who has the right to issue an order on the appointment of Director General?
- order on the appointment of the Director General may be issued now acting director.Exceptions are cases where the incumbent director removed from office (for example, if a criminal case).With this case faced the Supreme Arbitration Court in one of the trials.
- order may be drawn up and signed by the sole founder of the company itself.Also, in the case of the sole founder of the company, it can take individual decision for a job as director someone from or their employees, and will sign an order appointing a director general at himself has a new director.The basis in this case, as is customary in the company with the sole founder, will be his decision.
- If the charter company (drawn up on the basis of Articles 33 and 40 of the federal law) or of stipulates that the appointment of Director of the Company refers to the decisions made only at the general meeting of founders, then an individual decision (order) on appointing someone isinvalid.In the 90's talk about it in the proceedings of the Supreme Court.Now this norm is in the law (Civil Code Article 53, in the Federal Law on Companies).And in spite of a clear indication in the law, there are still legal proceedings for recognition illegal orders.The founders may decide to remove the previous appointment of a new director and at the same time and can be "progressive", but not otherwise.All decisions are recorded in the minutes.
- order on the appointment of Director General of LLC can be signed and one of its founders when he presided over the General Meeting.
After signing the order you need to make an entry in the labor force (with the details of the order and in accordance with regulations approved by the Ministry of Labour);open a personal account for the director.If you talk about General Director of LLC, where there is no cadre, the director has the right to make a record of the reception on your job, but you should issue the appropriate order ("imposes obligations on the conduct of the labor books").
about the changes occurred in the company should notify Companies House (the application form №R14001 plus information about the new director, and the minutes of the meeting).Translation
employee from one position to the position of general or executive director in accordance with the Labour Code (Article 72).In this case, the order is made slightly different content (N T 5 form), the translation, not the destination.
