Director General is the sole Executive body in the company, who is elected and appointed by the shareholders. The powers of the officer of such rank involve all spheres of activity of the enterprise, both economic and economic. It is not always the quality of work performed satisfied the owners of the company or the level and terms of remuneration of the Manager. In each of these cases is the question of the change of CEO to another, which seems to be a complicated process, and often frightening, who have to deal with this issue.
Process and form change of CEO at the company with the form of ownership is governed by the following legal acts:
These regulations also regulates the process of interaction with public authorities in matters of change management, as well as the process of firing an employee and hiring a new replacement for the vacancy.
The Entire list of reasons to refer to the instructions about the change of the General Director can be divided into 2 blocks:
As a rule, in the first case, the process passes without difficulty, and the main ones are only in the design documentation. With regard to the decision of founders, the employee may make a complaint to the employer if it considers that his rights have been violated.
All the reasons for dismissal of the current head of the organization must be indicated in the minutes of the meeting of founders and backed by facts, when referring to the former head of the judicial authorities, the organization was able to substantiate its decision, even after a long period of time.
The Cases in which the decision to dismiss is justified.
Important! Regardless of the reasons for the change of the General Director in OOO, the instructions in regulatory and legislative acts of the Russian Federation, must be observed. Violation of the above documents may result in administrative fines imposed on the company, and the seizure of the accounts.
Change the head of the organization involves the dismissal of one worker and receive another in his place. That means that the owners or authorized representatives will need to prepare the following documents:
Important! A package of documents to the displaced employee must be completely form in his last day of work to avoid any difficulties.
To avoid mistakes in the process below are step by step instructions for replacing the chief Executive in the company with a descriptionprocess. This will greatly facilitate the work of the founders of the organizations in this matter.
At the beginning of the step-by-step instructions on how to change the Director General should convene a meeting of shareholders, which must be formulated and signed a corresponding Protocol. The decision by the majority of votes following a quorum. If the owner of the company has one, then executed all of his individual decision.
The Protocol must be specified as follows:
The Decision also must contain the date on which the dismissed employee is relieved of his post, and the new it intrudes.
After the decision of founders issued an appropriate document in the personnel service of the organization (or another authorized Department), perform the following manipulation:
These documents signed by incumbent Director, as to the other employee of the authority will be responsible after his dismissal. In the workbook to be sure the closing entry is the company's stamp and signature.
Important! In the time firing the old Director of the enterprise accounting should be made mandatory for financial settlement with the employee, and the same day cash or must be issued to him in cash businesses, or transferred to the Bank card.
By hiring a worker procedure is as follows:
These documents are already signed by new employees.
Important! Start of term of office of the new Director-General could not occur earlier than the next day, after the final dismissal of the last employee. One day, the enterprise can't be 2 of the head.
Orders for dismissal and appointment of a new employee can fit in one document, then it will sound like an order “On changing CEO” of the company, and should include both dates and calculate the old Directors and the appointment of the applicant for the position.
Within 3 days after the inauguration of the new Director-General should submit to the authorities of the Federal tax service the application form Р14001. The pattern to fill in the change of the General Director is provided below.
This document allows FNS to exclude from the state register of data on the old enterprise Manager and make a new one. Employee data is populated with the dedicated “To”, there are also data fired Director and why the change occurred.
To FNS adopted the document, it must be notarized when a notary public is required:
Certified application along with a copy of the minutes of the meeting of founders is submitted by an authorised representative of the company (new CEO) to the Federal tax service. Employee of public institution is obliged to issue a receipt stating that the submitted paper accepted. After submission, changes will be made within 5 working days the state register of legal entities. you can Immediately request a new extract from it.
Since the change of Director to serve the company, the Bank will cease to provide a full package of documents according to the new head of the organization.
Is Mandatory for the submission to the Bank are:
Important! Card certified by a notary in the provision of a full package of documents for the statements in this statement of the egrn is already a new leader.
With the aim of ensuring security of doing business in the event of a change of the General Director of the company should be concerned and inform the counterparty that it no longer has the right to sign documents and contracts on behalf of the company. And also to provide contacts for communication with the new head.
At the time of change of the General Director of the OOO instruction described by state legislative acts, misses the correct transfer of cases between the old and new employee. In other words, this process is not strictly regulated, there are a few fundamental principles by which it should be built:
Important! The dismissed Director shall be responsible for having taken in the course of their employment decisions and their consequences still within 1 year from the date of violations and may be prosecuted according to the law, including criminal prosecution.
Change the Director General, using step-by-step instructions and approved by the law, sample documents, it is easy and should not cause difficulties for the employer. It is important to take into account the deadlines, rules of submission of all documents to the state authorities to avoid fines. Also, do not ignore proper and timely filling of all forms and orders to protect the business against litigation.
Article in other languages:
BE: https://tostpost.com/be/b-znes/40194-zmena-general-naga-dyrektara-pakrokavaya-nstrukcyya.html
ES: https://tostpost.com/es/centro-de/39478-el-cambio-de-director-general-paso-a-paso.html
KK: https://tostpost.com/kk/biznes/40590-auysym-bas-direktory-adamdy-n-s-auly.html
PL: https://tostpost.com/pl/biznes/42458-zmiana-dyrektora-generalnego-instrukcja-krok-po-kroku.html
PT: https://tostpost.com/pt/neg-cios/42080-a-mudan-a-de-diretor-geral-passo-a-passo.html
TR: https://tostpost.com/tr/business/37141-de-i-im-genel-m-d-r-ad-m-ad-m-talimatlar.html
UK: https://tostpost.com/uk/b-znes/41085-zm-na-general-nogo-direktora-pokrokova-nstrukc-ya.html
Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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