Minutes of general meeting of the company - an extremely important document.Requirements for the preparation of the protocol standard does not enshrined in law, but the business practices and record keeping dictate certain rules of its preparation.
Firstly, the minutes of the meeting participants Ltd. - a mandatory document confirming the fact that the meeting was held (and the duty of the number of compulsory meetings per year regulated by law and, in some cases - Charter of the company).
Secondly, it is in the form of a protocol drawn up by all the decisions of the company.
Minutes of the General Assembly LLC is stored in the enterprise and should be available for consultation to any member of society in his first request.
usually responsible for keeping the company's director is appointed by the protocols that have to be reflected in his job description.
which is reflected in the protocol
Minutes of general meeting of the company being the chairman or secretary of the meeting OSU.
The minutes recorded:
- date and time of the meeting;
- type of operating system;
- quorum and legitimacy of the OS;
- agenda for the OS;
- performances (tezisno) participants, questions, discussions, additions;
- results of voting on certain issues;
- decisions adopted ASU.
Minutes of general meeting of the Company shall be countersigned by all members of society or the chairman of the meeting and the secretary.Minutes stitched with the obligatory numbered pages sealed by the company.
It should be noted that the minutes of the OS may not contain a listing of all the participants personally, but in this case mandatory attachment to him to be a sheet of registration of the participants, along with their passport data and the personal signature of each of them.Sheet registration is free-form and stitched together with the protocol.
Another option would be keeping a log.In this case, the log sheets are numbered, stitched and sealed the enterprise.The shelf life of such a journal is not restricted by any normative act.
also recommended to keep a record of the work of the counting commission.The very Counting Commission shall be elected by resolution of the meeting consisting of a chairman and at least one member of the commission.Protocol is signed by the chairman and stitched together with the protocol of the OS.
To control all the important moments in the process of logging is recommended to develop and implement the "Regulations on the OS logging" in which to fix the procedure for drafting, amending, appeal storage protocols.Allegedly this situation the director or tabled OS (extremely rare).
All records must be kept running until the liquidation of the company and then transferred to the archives.
One participant - how to make the protocol?
And what if the LLC is only one party?Do I have to logging or enough to make out party solutions?The law makes no exceptions for such companies.Minutes of general meeting of the Company in form and content, in this case does not differ from the protocol with a large number of participants.
I would also like to note that the protocol - it is a way to design technical solutions of the participants.Therefore, in the event of litigation legally competent to recognize the law it is not an appropriate solution, not the protocol of the annual meeting of LLC.However, shortcomings in the conduct of the protocol can be the basis for the recognition of decisions illegal.