Can an acting director act on the basis of the charter and order

On what basis does the acting director act in the contract?

However, the situation can be easily corrected if the real director issues a power of attorney to the person remaining “on the farm” for him.
Then the powers of the acting official will no longer be based on an order or charter, but on a power of attorney. If the charter clearly stipulates who should lead, the director is obliged to carry out the charter and appoint one of his deputies to act. Our employee had a job title that did not correspond to the ECSD - “commercial director.” He was appointed.

Authority to sign an agreement on behalf of the organization

This article discusses the most common situations that are associated with determining the legal force of contracts that were concluded in the absence of authority or in excess of it. Which official of the organization has the right to sign contracts? On behalf of a legal entity, as a rule, the agreement is signed by a body that has the right to do so according to the constituent documents. Otherwise, it is called the sole executive body (in particular, the director or general director). Quite often there are cases when the charter of a certain organization describes in great detail the types of contracts that the first person of the company (that is, its director) has the right to conclude. Further, the charter lists the agreements that the deputy manager has the right to conclude. After that - those that can be signed by the head of a structural unit (for example, a division or department).

Acting

The basic rights of an acting official must be documented. Before signing an agreement or a contract, an employee analyzes the conditions offered to him by management and makes a decision: to agree or refuse. The law does not leave the authorities the right to make a decision on combination or transfer without its written acceptance.

Management has the right to appoint a selected specialist to act temporarily for any convenient period. For example, if the director went on maternity leave, the acting position will last from 1.5 to 3 years. The legislation establishes the only rule: as soon as the boss returns, the deputy will be obliged to give way to her.

Similarities between orders and instructions

These are law enforcement acts related to administrative documentation. Regardless of the issues raised, both acts comply with the letter of the law and are subject to unquestionable execution. The decision on the order is made by the manager alone. Employees are required to study these acts against signature.

Order	Order
Release format	Usually published in written form	In writing or orally
Who does it apply to?	For all team members	To a narrower circle of employees
Topics of questions	General tasks of a single enterprise, regulation of legal relations	Designed to solve current, operational problems; as well as methodological and informational issues
Validity	Valid for quite a long time until the act is repealed	Limited time action, valid until the planned execution
Document preparation	Consists of ascertaining and administrative parts, separated by the term “I order”	Often does not have a stating part
Strict execution	The document is obligatory for unquestioning execution and requires indispensable obedience	Is advisory, informative, requires consent
Signature right	Only the head of the subject has the right to endorse the act	The act can be signed by the head of the subject, heads of departments and branches.
Eligibility of changes	Corrective changes are possible	If significant changes are made, it will be reissued.

The acting director acts on what basis

The Resolution of the Federal Antimonopoly Service of the Ural District dated May 19, 2020 N F09-2294/08-S5 states the following: “The appellate court correctly stated that the issuance by the sole executive body of an act on the appointment of an acting official (order dated February 20, 2006 N 142, order dated August 28 .2006 N 797-k) is a sufficient basis for transferring the powers of the sole executive body, including the right to terminate the contract, to the acting person.” An employee appointed as an acting director cannot act without a power of attorney on behalf of the company, only on the basis of an order, in the absence of special rules in the company's charter.

Also in practice, there are often situations when an acting director is appointed to the position of director if the position of director is vacant, but a specific candidate has not yet been approved. Moreover, they appoint a director “acting” to the vacant position of both a full-time employee of the company and a citizen invited from outside.

Have a question for a lawyer?

Your lawyer is both right and wrong at the same time. The fact is that the issue of the rules for appointing acting acting directors is not directly regulated in the Law on LLCs (In turn, if you have a joint-stock company, then the law on joint-stock companies provides for a clear algorithm of actions). Arbitration practice confirms the possibility of appointing an AGIO in an LLC, even if this is not provided for in the charter. Judicial practice on recognizing the powers of an interim acting director is quite scattered, but it turns out that if we summarize it, the most optimal solution is:

1. Creation of a decision of the sole participant (on the suspension of powers of the current general director and on the appointment of an acting director),

2. Issuance of an order for the appointment of an acting acting director , as well as

3. Simultaneous issuance of a power of attorney with a clear list of powers (see the decision of the Ninth Arbitration Court of Appeal dated June 26, 2012 in case No. A40-151438/09-132-974).

With this option, you should keep in mind that the General Director has a number of powers that cannot be transferred in this way. (for example, applications and notifications that are submitted to the tax authority for the purpose of state registration of information about the company in the Unified State Register of Legal Entities, signing financial statements) If you are talking exclusively about signing contracts, then a power of attorney will be more than enough for you. However, if you want to transfer the entire range of powers to an interim entity, then these changes must be registered with the tax office, in which case a decision of a single participant is required.

I repeat, if you are interested in all this from the point of view of “what to write in the header of the contract,” then you can write almost anything. The idea is that this can only come back to bite you in the form of someone wanting to challenge the deal on the grounds that it was concluded by an unauthorized person. Here you can count on Article 183 of the Civil Code: direct subsequent approval of the transaction by the authorized person of the represented company creates, changes or terminates for it civil rights and obligations under this transaction from the moment of its completion. Thus, the director can subsequently “rehabilitate” the transaction by approving it. Therefore, if I were you, I would write “based on a power of attorney” and would not risk anything at all, since this is an absolutely common practice. Another thing is that the decision and order, of course, must be available.

If it makes your lawyer feel more comfortable, you can list that a) on the basis of a power of attorney b) a decision of the sole participant c) an order to appoint an acting person.

Client clarification

thank you very much for your detailed answer. those. If our lawyer is both right and wrong, then it turns out that in an LLC you can act on the basis of a decision without having a power of attorney?

27 June 2020, 17:45

No, the only person who has the right to act without a power of attorney is the general director. For all others, including acting representatives, a power of attorney is required. You CANNOT act on the basis of a decision alone.

Client clarification

Thank you very much again, but now how can I prove it to him? (in the sense of a lawyer) that is the question.

28 June 2020, 11:20

Acting Director

Therefore, when concluding contracts, the acting manager confirms his authority with a power of attorney, and not with an order. Let's consider the second case. The position of the head of the organization suddenly became vacant.

Does the general director have the right to appoint an interim general director with the transfer of the powers of the executive body of the organization to him? Currently, the current legislation does not provide for the procedure for appointing an interim general director.

The head of the contract indicates the director, but the details have a different signature

The InfoGK of the Russian Federation stipulates that the protocol on the results of in-person voting must indicate:

date, time and place of the meeting;
information about persons who took part in the meeting;
voting results for each item on the agenda;
information about the persons who carried out the vote count;
information about persons who voted against the meeting’s decision and demanded that this be recorded in the minutes.

Secondly, we find in the extract from the Unified State Register of Legal Entities (Extract from the Unified State Register of Legal Entities) confirmation that the person indicated in the protocol (decision) as the sole executive body is a person who has the right to act on behalf of the legal entity without a power of attorney . It is clear that the Extract from the Unified State Register of Legal Entities must be fairly recent. The custom of business turnover, as a rule, comes from a month ago.

The acting director acts on the basis of what

If an employee is released from performing his duties, and the obligation to perform someone else’s functions was not spelled out in his employment contract, logically it is necessary to make an additional agreement to the employment contract, which will reflect the temporary transfer and issue an appropriate order.

Many lawyers think so. But again, these are conclusions made on the basis of other rules of law (articles where the definition of translation, part-time, combination is given), and not direct rules written somewhere. In addition, if the need to perform the duties of an absent employee with the corresponding additional payment is already stated in the employment contract, this does not look like a transfer, nor a part-time job, nor a combination, because

According to order or order, how to write correctly?

Observe how this syntactic norm of combinability of a preposition with the dative case form of a noun “works” in journalistic and artistic texts: According to the command, I have arrived at your disposal (S. Zverev. Initiation as a hero). According to the order given the previous evening, the deep sleep of the soldiers was disturbed by a deafening roar of drums, and the booming echo carried far in the damp air, echoing loudly in every corner of the forest (James Cooper.

The Last of the Mohicans)

The last paragraph of the administrative part may contain information about the unit or official who is entrusted with control over execution. Making changes to the signed (order), as well as to the agreed draft document, is not allowed.

A sample is given in Appendix 32. Resolutions of the Ministry of Finance of Russia dated June 18, 1998 No. 27n and the State Statistics Committee of Russia dated 29.

The acting director acts on the basis of what

—————————————————————————¦ “...In case of vacation or business trip of the director of Mosgiprotrans LLC¦ ¦the performance of the duties of the director is assigned to the employee of the company,¦ “appointed by order of the director, subject to mandatory execution” of a power of attorney. ¦ ¦ In the event of a sudden temporary incapacity for work of the director, in the event of the ¦ impossibility of issuing an order to the current director on the appointment of an ¦ ¦ acting director, the temporary performance of duties ¦ ¦ is carried out by the deputy director. The duties of the deputy director are performed during the period of temporary incapacity for work or until the general meeting of the company’s participants appoints another person (new director of the company) as acting.” ¦ L—————————————————————————

The reasons why an official may be absent from the workplace must be objective. Absenteeism may be due to illness, vacation, time off, or business travel. In this case, an acting person is appointed - many do not know how to write the name of such status in documents.

Order and instruction

These are local legal acts of the leadership on current current issues. They are legal in relation to the entity controlled by the signatory of the document. These legal acts contain official decisions that are made by officials according to an established procedure. These acts regulate work within the subject. Often these two terms are considered synonymous. They are equal in strength. But they differ in form and content.

In order to avoid contradictions between instructions and orders, structural consistency, compliance with document storage standards, clear communication of goals and objectives to the contingent, and well-established document circulation are required. Orders and instructions are often recorded in a single journal.

Issues covered in orders and directives:

Modernization of the organizational functions of the subject.
Ensuring interaction with reserves of labor, material, information areas.
Systematization and improvement of work with documentation.

Classification system of orders and instructions

Classification type	Subjects of administrative documents
By main activity	Approval, making changes to the structure of the institution Inventory Formation of commissions, structural units Regulation of the company's staffing Investigation of emergency situations
For administrative and economic activities	Issues of labor regulations Economic issues Operation of facilities Security, access control
On interaction with personnel	Hiring, transfer, dismissal Improvement of professional qualifications Rewards, punishments Provision of varied leaves

On what basis does the Acting General Director act?

Please explain the following - during the absence of the General Director, the duties of the General Director are assigned to another employee. an order that sets out the powers of the Acting General Director. Questions 1. On the basis of what document does the Acting General Director act? Based on an order or Charter?2. Is the following entry in the employment contract correct: LLC Romashka, hereinafter referred to as the Employer, represented by the Acting General Director Ivanov I.I. (order dated November 1, 2015 No. 001), acting on the basis of the Charter, on the one hand, and citizen of the Russian Federation I.I. Petrov, hereinafter referred to as “Employee,” on the other hand. etc. Thank you

3. Set the commercial director A.S. Kondratiev

for the period specified in paragraph 1 of this order, an additional payment for the temporary performance of duties
of the General Director
in the amount of
10,000 (Ten thousand)
rubles.

On the basis of what document does the acting director of a budget institution act?

Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas and increasing the volume of work.

To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either a different or the same profession (position).

Rostrud information portal “Onlineinspection.RF”, November 2019

The current version of the document you are interested in is available only in the commercial version of the GARANT system.

Order on the appointment of an interim director

The main condition is that the selected employee has a certain level of education and work experience, and also enjoys the full trust of the management and administration of the company.

This is due to the fact that from the moment the order on the appointment of an acting director is signed, all responsibility for the current activities of the enterprise passes to the employee in respect of whom the document was written.

It should be noted that either one of the company’s employees or a person, as they say, “from the outside,” can be appointed as an acting director. In the second case, you first need to conclude an employment contract indicating the period of its validity, and only after that write an order on the transfer of powers.

Since the order is always written on behalf of the director of the organization, the direct task of drafting it usually falls on the secretary, legal adviser or other employee close to the director.

Acting director in a budgetary institution

In addition, the agreement must specify the amount of additional payment for the performance of duties, the period and other conditions agreed upon by the parties to the employment relationship.

To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either another or the same profession (position). There is an important point in applying the norm of Art. 60.

2 of the Labor Code of the Russian Federation: the appointment of an employee as acting for a vacant position is not allowed. This is possible only for a position, the appointment to which is made by a higher management body.

In this case, the head of the enterprise, institution, or organization is obliged, no later than one month from the date of hiring the worker, to submit documents to the higher management body for his appointment to the position. 2 Explanations of the State Committee for Labor of the USSR No. 30 and the Secretariat of the All-Union Central Council of Trade Unions No. 39 of December 29, 1965 No. 30/39 “On the procedure for paying for temporary substitution” [1] (hereinafter referred to as the Explanation)

Powers of the deputy director during the director's vacation period

In addition, the authority may arise from the situation, for example, the right to represent the company when concluding a retail trade agreement is granted to the seller, cashier, etc.

d. Neither orders of the executive body of the company, nor job descriptions, nor other internal acts of the company are considered as the basis for representation in civil law relations.

53 of the Civil Code of the Russian Federation). See also: The rationale for this position is given below in the materials of the Lawyer System. “During periods of temporary absence of a director from work (vacation or temporary disability), neither labor nor corporate relations between him and the company are terminated.

On what basis does the MKU director act in the contract?

By the way, I found it during procurement, Vologda was bargaining: III.

DRAFT MUNICIPAL CONTRACT Municipal contract No. for the supply of a system unit in Vologda "" 2014

Municipal government institution "Housing and communal settlement center of the city of Vologda", represented by director Anatoly Aleksandrovich Smirnov, acting on the basis of the Charter, hereinafter referred to as the "Customer", on the one hand, and, in the person acting on the basis, hereinafter referred to as the "Supplier" ", collectively referred to as the "Parties", have entered into this municipal contract (hereinafter referred to as the Contract) as follows.

How to register an appointment to the position of acting director of a federal state unitary enterprise?

It follows from this that the management body that is authorized to do so by law and the constituent document of the organization has the right to appoint an acting sole executive body.

Currently, the current legislation does not provide for the procedure for appointing an acting general director. At the same time, for example, in the practice of the Federal Property Management Agency, the appointment of an acting head of a unitary enterprise to the position of acting head of a unitary enterprise is allowed. Thus, in the Order of the Federal Property Management Agency dated February 27.

2009 N 47 “On the exercise by Rosimushchestvo of certain powers of the owner of property of federal state unitary enterprises and federal state institutions, as well as certain rights of a shareholder of joint-stock companies whose shares are in federal ownership”, paragraph 9 states that “on instructions from the Head of Rosimushchestvo ... candidates

Appointment of the head of the institution (Repin A.)

Disqualification can be established for a period of six months to three years. A register of disqualified persons is formed and maintained by the Federal Tax Service (clause

Source: https://yu-pegas.ru/na-osnovanii-kakogo-dokumenta-dejstvuet-vrio-direktora-bjudzhetnogo-uchrezhdenija-31855/

Legal assistance

Finally, the law allows for the transfer of the functions of the executive body to a management organization or manager. They also act without a power of attorney. To represent the organization, everyone else needs a power of attorney issued to someone who can act on behalf of the organization without a power of attorney or by a person who has a power of attorney with the right of substitution. As you can see, no “acting” The law does not provide for those who can represent an organization without a power of attorney. Nor does it allow to provide for such a possibility in the charter or in any other documents of the organization. There is only one exception to this general rule, which applies to joint stock companies and, moreover, only to those of them in which a board of directors has been created and the director is elected by the general meeting of shareholders.

See the Charter of the organization, job description \"deputy\" and general. director... -then you will understand everything)) The general director is the sole executive body of the company, which becomes such by performing a certain procedure. And only secondarily is the employee. He can be replaced during the vacation period by a person whose appointment procedure is prescribed either in the charter or in a local regulatory act of the company. If there is legal succession (documentary). The founders can, if they have the right to sign. The bank doesn't really care about this. And the boss will make any order for the company. Think for yourself. The general director is a staff member, therefore outsiders, not employees of the enterprise, cannot perform his duties. Even if they are on the Board of Directors. But it is quite possible to conclude a civil contract with them. They do, but in the presence of an employment relationship.

48) Requirements for the preparation and execution of orders for core activities.

Order

- a legal act issued by the head of an organization (its structural unit), acting on the basis of sole decision-making, in order to resolve the main and operational tasks in the organization’s activities.

There are three types of orders:

order on administrative and economic issues;

order on the main activity;

personnel order.

An order is the most common type of administrative document used in management practice. It is published on issues of creation, liquidation, reorganization of institutions or their structural divisions, approval of regulations, instructions, rules and similar documents requiring approval, organization of an enterprise, as well as on personnel issues of hiring, moving, dismissing workers, etc. By means of an order, the manager sets the main tasks for employees and indicates ways to resolve fundamental issues.

Let's consider orders on the main activities of the organization.

There are three stages in preparing an administrative document:

studying the essence of the issue and preparing a draft document;

discussion and adoption of the document at meetings of the collegial body (in the case of resolutions, decisions);

approval of the document and its signing.

Orders for the main activity are drawn up on the letterhead of the enterprise and contain a set of the following details: name of the enterprise, type of document, date, index, place of preparation or publication, title to the text, text, signature, approval marks, visas, mark on the execution of the document.

Completing the main part of the order

The preparation of an order is based on a detailed and comprehensive study of the issue, since the instructions contained in the orders must be specific and real, they must be provided with sufficient logistical and financial resources to eliminate the need in the future to adjust or cancel decisions made due to their incompleteness or imperfection .

Heading for the order

should be formulated clearly and as briefly as possible, expressing the main content of the document.

·Text of the order

consists of two parts: ascertaining and administrative, separated from each other.
The stating part
is an introduction to the essence of the issue and justifies the issuance of the order. It can list facts, events, and evaluate them. If the order is prepared on the basis of documents of other organizations or previously published documents, then their details are indicated in the ascertaining part of the order: name of the document, name of the author organization, date and registration number of the document, title to the text in quotation marks. The last sentence of the ascertaining part is not given a period. The administrative part of the order begins with the word “I ORDER”, which is printed in capital letters on a separate line from the left margin of the document. It is followed by a colon.

Then the text of the administrative part of the order follows from a new line paragraph. The language used here must be specific, clear, unambiguous and linguistically correct. They should not contradict previously published regulatory and administrative documents issued in this organization and in the legal field of Russia in general.

If the administrative part of the order involves actions or instructions of different nature that will be executed by several executors, then it should be divided into paragraphs

, which are numbered with Arabic numerals.
If the text of the order contains subparagraphs, then it is also better to number them in Arabic numerals (their number will consist of the serial number of the paragraph, a dot and the serial number of the subparagraph within the paragraph, etc.). The number of nesting levels can be different (somewhere 1 level, somewhere – 2, somewhere – 3, etc.); Numbering, of course, will help determine what belongs where, but you should not overuse it. Each paragraph indicates the performer, the prescribed action and the deadline for execution
. It is recommended to indicate the performer in the dative case, in which case not only his last name is given, but also his position (possibly with the name of the structural unit) - see point 1 in Example 6. If the prescribed action will be performed by several performers at the same time, then in this case the performers may be are indicated in general. The prescribed action is expressed by a verb in an indefinite form - “develop”, “approve”, “prepare”, “put into operation”, etc.

The deadline must be set for each task separately. It is not allowed to formulate tasks without establishing an appropriate deadline.

Preparation of attachments to the order

If there is a large volume of text, only the main issues are stated in the order itself, and the rest of the text is included in appendices to the order. Graphs, diagrams, tables, lists, organizational and legal documents - regulations, instructions, rules, regulations approved by order, etc. can be drawn up in the form of attachments.

In the text of the order, in the relevant paragraphs of the administrative part, it is necessary to provide links to the annexes:

…(application) – if there is only one application;

. (Annex 1) . (Appendix 2) – if there are several applications.

On a document that is an appendix, the word “Appendix” is printed in the upper right corner of the first sheet, indicating which order or clause of the order it relates to.

If the appendix to the order is an approved document (regulations, rules, instructions, etc.), a note is made in the corresponding paragraph of the administrative part: . (application)

, and the document approval stamp is placed on the application in the upper right corner.

The application label can be formatted in a centered manner or with lines aligned to the left.

Endorsement and signature

Before being submitted for signature, the order is endorsed by all interested officials, a lawyer and deputy heads of the organization. If the employee who endorses the order has objections or additions, they are stated in a separate certificate, which is attached to the draft document, and the visa is supplemented with the phrase “There are comments” or “Comments are attached.” Editorial comments may be added directly to the submitted draft document.

If significant comments and additions were made during approval, the order is revised by the executor and re-approved. If, during approval, editorial clarifications are made that do not change the essence of the document, re-approval is not required.

After the order is finalized, before it is submitted to the manager for signature, the order must be endorsed by all interested parties. Visas are affixed to the reverse side of the last sheet of the order or on a separate approval sheet, which is attached to the order, constituting its integral part. The visa includes: the employee's position, his signature, initials, surname and date.

Under the visas, a mark about the performer is placed, consisting of the name of the performer (project creator) and his office telephone number. On the reverse side of the order, at the bottom of the sheet, a mark may be placed on the distribution of the order indicating the structural units or their heads. Information about the distribution of an order can be placed on a separate sheet - a mailing list (index, sheet).

This is interesting: The question of the right to living space during a divorce

If orders are signed by the head of the organization. The signature in the order is drawn up in the same way as in any other document drawn up on letterhead.

Only one copy of the order is signed (with the exception of joint orders). The manager's signature on the order is not certified by a seal.

The first copy of the order after registration is filed with orders on the main activities of the organization. Orders must be registered on the day they are signed, otherwise executors may have problems executing the order, especially if the execution period is short.

After signing and registration, copies are made of the order and sent to all performers. Email can be used to send orders. If copies of the order are issued for submission to other organizations, they are certified using the “Copy Certification Mark” requisite.

The acting person acts on the basis of what

The Federal Law “On Limited Liability Companies” contains only an approximate list of manager positions. This means that the founders of an LLC are free in the charter to name the head of their organization as they please: a director, or simply a leader, and if they want, then at least an emperor or an acting director. It is in this case that he will act on the basis of the charter, and he will not need any power of attorney.

The acting acting director appointed by the board of directors: - acts on behalf of the company based on the decision of the board of directors; — for the duration of his powers, bears all the rights and obligations of the sole executive officer; — the scope of powers of the acting acting director may be limited by the charter of the joint-stock company. — acts within the limits of its powers until an extraordinary general meeting of shareholders is convened to resolve the issue of early termination of the powers of the sole executive officer (managing organization, manager) and the formation of a new sole executive officer of the company or the transfer of powers of the sole executive body of the company to a managing organization or manager. The second basis for the appointment of an acting CEO is the temporary absence of a sole executive officer (operational replacement). The appointment of an ACT on this basis is no less common in the existing practice of not only business companies, but also enterprises. At the same time, the procedure for the performance of duties by such a person is not defined by law.

In the person of a leader acting on the basis. statutory

the dispute continues, it was about the previous post :)
and gen. the director still acts not on the basis of the law or the charter, but on the basis of the fact of his election to this position.

And when you conclude an agreement with an organization, aren’t you interested in whether an authorized person signs it?

We don't need responsibilities here, but rights :)

but all his powers and blah blah blah are in the charter.

why should anyone convince you?

Now a dispute has arisen regarding the correct interpretation. The lawyer says that he is right, but I doubt it, maybe you can help me dispel my doubts?

Skazka LLC, referred to as, represented by Gen. directors, acting. or

Skazka LLC, referred to as, represented by Gen. acting director?

After all, an LLC operates on the basis of the charter, not a general company. director. Or am I not right?

I accidentally came across this old post, but I’m also getting smarter)

As far as I see, many people are confused about the terminology and meaning. There are mandatory clauses for the contract, these are the name of the organization and the full name and position of the person who represents it; the grounds are no longer mandatory data, but can be claimed by the other party.

They don’t usually write about the company because throughout its entire existence it operates on the basis of something, no matter what, it does not affect the relationship in any way.

But the reasons for who represents it are important because, firstly, different people can represent the company, and secondly, on different grounds (including temporary ones). And if this is a director and on the basis of the Charter, then everything is simple, but if it is a deputy director or director.

some department is acting on the basis of a power of attorney, then here it is worth paying attention to the power of attorney itself, maybe it concerns only economic activities or its term has already expired or there is another reason why his signature may no longer be valid, which means the agreement itself is not valid .

Regarding the confusion in concepts: this specifically applies to insinuations about “based on an order” and so on. When someone acts on the basis of something, it implies what guides his actions and authority. Deputy director

signed an agreement on the basis of power of attorney No. 5, which means you need to look at power of attorney No. 5 and look there for what and for what period he is authorized, and if the Charter, but look at the powers in the Charter if they do not contradict the law.

To write “on the basis of the law in this regard, everything that is contrary to the law is simply not valid, and not the most essential points, which should be provided for in the charter. But as a rule, the Charter does not so much indicate what a director can do, but is used if it is necessary to limit him in some way.

For example, the amounts with which he can operate. Well, the founders of the business don’t trust him with this. And the director, within the framework of his powers, can, by means of a power of attorney, entrust others with part of his powers.

“Based on an order” makes no sense at all, because an order is only a basis for conferring a position, and what powers the position itself is vested with is already determined by the Charter. Or rather, it may somehow be limited by the Charter. And if it is not limited, then it applies to the entire breadth of power, limited only by legislation.

People!))) In your opinion, is it correct: LLC “***”, represented by the Director….…

Do you think this is correct:

LLC “***”, represented by Director Olga Ivanovna Ivanova, acting or acting on the basis. .

valid, because the defined word is still “director”

But, in my opinion, the defined word is still “LLC”

no, director Ivanova is acting

An LLC operates, represented by a director.

If it says something like “based on a power of attorney. “, that is, the director acts on the basis of a power of attorney, then that’s one thing.

But if an LLC operates there on the basis of a decree of the President of the Country, then that’s a different story.

Let's continue with the text of the agreement:

How would you write, for example, the following: “journalist Pertova, acting at her own peril and risk, managed to obtain sensational material” (not taking into account that in this case it is better to say “by acting”)? Or: “surveyor Sidorova, acting in accordance with her job description. “?

You wrote absolutely correctly! As far as I remember, this is called a complete phrase, and it is determined by the main word. I think no one will argue that Petrova is “more important” than the surveyor here.

Maybe you're right. I thought about this myself for a very long time. But my counterparties and colleagues keep writing YUSCHY, I don’t want to get into an argument every time, especially since I’m not sure I’m right.

I read the thread and decided that both options could be grammatically correct, but in documents, it seems to me that -SHCHE is stylistically preferable.

yes, “SHCHE”, +1 to all posts

I was also interested in this question. Now he has stopped. Because absolutely everyone and IN ALL contracts with organizations where the director is a woman is spelled YUSCHEY.

Director Ivanova is acting, i.e. it works. Therefore - yay.

I support it, I correct it in the documents to -YUSHEY. We are still talking about a woman, albeit a director.)))

I'm talking about the question. The last time this topic was discussed was several months ago.

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. represented by the General Director, acting on the basis

/of course, we are talking only about JSCs and LLCs and only about general companies/

In any case, the charter is extremely small and does not reflect the main thing - a clear and comprehensive list of the grounds for authority.

Reflects. If you limit his powers and do not include this in the Charter, then this will have no legal significance.

2. The second document, of course the protocol, precisely expresses the will of the body that has the powers that the gene lacks.

Since the law for commercial organizations does not provide for collective signatures on contracts, Gene is the only “person” of the company. But, formally concluding a deal, it is not the gene that actually concludes it, but the OS (SD). That. it would be correct to write in the contract “the general director executing the will of the OS, in accordance with the decision of the OS specified in the protocol.”

3. First of all, the gene acts on the basis of the law. The law allows limiting the powers of a gene, provided that the missing part of these powers is assigned to a higher authority, which must be reflected in the charter. To complete a transaction, the charter is not enough - there must be a document expressing the will of that same authorized body.

This is roughly what this phrase should sound like. And writing only about the gene and the charter is the same as writing nothing.

I’ll have to repeat myself, but the “entire chain”, as a rule, is missing and there’s nothing to write about. But this approach (“everyone already knows”) leads, as a rule, to conflicts.

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Operating on the basis of the charter

And here is the counterparty to whom I made an amendment that

TTT LLC, and the person of the General Director Elena Ivanovna Ivanova, acting on the basis of the Charter.. should be corrected on the current one.. in response he says to me that it is NOT the executive body of the legal entity (not the director, etc.) that is acting on the basis of the Charter. , and society itself acts..

so everything is written correctly and there’s no need to find fault..

People. Either I'm slowing down, or they're mistaken... huh?

Andrey (patent attorney)

1) without a power of attorney, acts on behalf of the company, including representing its interests and making transactions;

Date: 23-12-2005 10:28

the word DIRECTOR is not feminine. IMHO, of course))

You're not entirely right.

And Comrad’s partners seem to be going crazy with nothing to do. I would like your problems

Correct: Appoint Maria Mikhailovna Ivanova as acting director

Russian help desk response

Correct: . represented by director A.I. Ivanova, acting on the basis

Russian help desk response

That's right: active. The agreement is formal, regardless of gender.

Russian help desk response

That's right: in the person of director A. Yu. Ivanova, acting on the basis. The agreement is formal (in the word director), regardless of gender.

Russian help desk response

That's right: active. In strict forms of official business speech, agreement is formal, regardless of gender.

Russian help desk response

Such combinations are acceptable IN SPOKEN SPEECH. The word assistant can also be used colloquially

in relation to your example:

Russian help desk response

In oral and written business speech it is customary: the doctor advised, the minister arrived, the professor spoke, the secretary wrote a letter.

At my last job, I argued with the executive director that this is the correct way to write!

Mammoth is really cool! such knowledge! I bow down

Yesterday they asked for legal acts that determine who should keep the originals of the agreement.

As for “in person. acting or acting.” Legally, it is correct “director, acting” (if the woman is a woman), and according to the rules of the Russian language, “in the person acting.”

Yus, what a thing here, here the word is active. is consistent with the word DIRECTOR, so it doesn’t matter what gender the director is – Me or Jo.

“Legal entity represented by a director acting on the basis of the Charter”

Apparently, like us, there are two philologists - three opinions.)))

I think that if it were “. GD, such and such, acting” - since in this version there will be a clarification (the name of the GD is in commas), then there would definitely be an agreement between “DIRECTOR - ACTING”, so to speak, skipping the clarification itself.

Guys, thank you all :)

but then it turns out that the option I proposed was also not entirely correct :)

I proposed: TTT LLC, and the person of the General Director Elena Ivanovna Ivanova, acting on the basis of the Charter.

a CORRECTLY TTT LLC, and the person of the General Director Elena Ivanovna Ivanova, acting on the basis of the Charter.

z.y. I won't throw stones at anyone :)

If the LLC is represented by the director, then the individual entrepreneur is represented by whom?

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How to correctly indicate the parties to a contract? If the agreement is concluded by a branch, who is the party to the agreement? Does an individual entrepreneur sign an agreement himself or himself?

Once again correcting the agreement, correcting the names of the parties in the definition of the parties, he again talked about who, how and most importantly whose interests are represented when concluding agreements.

To avoid this involuntary repetition, the need for this note arose. So, today we will look at the question of who should be included correctly in determining the parties when concluding an agreement. This material will be more helpful to young lawyers, because...

It is not critical for the user if doubts arise about his legal literacy.

Let's look at the classic example of side reflection and look at its features:

Branch "Kraevoy" of the Limited Liability Company "Romashka", represented by Director Ivanov Ivan Ivanovich, acting on the basis of the Charter, hereinafter referred to as the "Seller", on the one hand and

Entity

In our example, we showed the most common mistakes. In relation to a legal entity, two main mistakes are made:

The branch is indicated by the party to the agreement

In determining the parties, it is necessary to correctly determine the party to the contract. Can the Branch be a party to the agreement? As always, let's turn to the legislation.

Art. 2 of the Civil Code of the Russian Federation says that participants in relations regulated by civil law are citizens and legal entities.
Part 3 Art. 55 of the Civil Code of the Russian Federation indicates that representative offices and branches are not legal entities.

From here we draw the appropriate conclusion: neither a branch nor a representative office can be a party to the agreement. Therefore, it is incorrect to indicate them first in the text.

It is always necessary to indicate the legal entity itself first when defining a legal entity as a participant in contractual relations.

Directors are indicated as a party to the agreement

As discussed above, a party to the agreement must be a legal entity, but in our example the director is indicated. This follows from the text: “ The Company... represented by the Director... hereinafter referred to as

«.

The ending “-y” in the word “ Named”

“according to the rules of the Russian language, indicates that the Director will continue to be the Seller. This is a mistake. The correct ending is “-oe”, because society is a neuter word.

Accordingly, if you write “ hereinafter referred to as
“, then “Seller” will refer to the Company and not to the Director.

We try not to make mistakes in endings, so that no one doubts our legal literacy.

Correct designs

Now let's look at the correct constructions: full and short. Correct complete structures look like this:

Limited Liability Company "Romashka", represented by Director Ivanov Ivan Ivanovich, acting on the basis of the Charter, hereinafter referred to as the "Seller"

Source: https://www.auturs.ru/car/v-lice-rukovoditelya-deistvuyushchego-na-osnovanii-deistvuyushchii.html

The acting head acts on the basis

According to Art. 33 of the Federal Law of 02/08/1998 N 14-FZ “On Limited Liability Companies” the exclusive competence of the general meeting of company participants includes the issue of appointing the sole executive body of the company - the director.

The law contains a limited list of those who can act on behalf of an organization without a power of attorney. These are the so-called “bodies of a legal entity” (Article 53 of the Civil Code of the Russian Federation). These include, first of all, the executive body of the organization (director, general director, chairman of the board, president, etc.). In some organizations where bodies are not created at all, for example, in general partnerships, its participants act on behalf of the organization without a power of attorney.

What's the rule

“According to the order” - this spelling corresponds to the norm. The preposition "according to" controls only the dative case. The more complex form of the preposition "according to" controls the instrumental case. Therefore: “according to the order” or “according to the order.”

“According to the order” is an incorrect spelling; the preposition “according to” never controls the genitive case. This combination was used in the 19th century in clerical speech, but is now unacceptable even in business speech.

Currently, in legal documents it is better to use the construction “in accordance with (Federal Law).”

The acting general director acts on the basis of what

If the general director does not have a deputy whose job responsibilities would include temporarily performing the functions of a manager, then assign these responsibilities to another employee. In this case, the general director must issue an order to temporarily assign the duties of the head of the organization to this employee. The order must specify the specific responsibilities of the employee replacing the manager.

It can be issued for a period of no more than three years. If the period is not specified in the power of attorney, it will be valid only for one year from the date of its issue. The principal may revoke the power of attorney at any time. And the employee to whom it was issued has the right to refuse it at any time.

Authority to sign a contract

Date of writing: 2013-10-07

In one of the previous articles, I already touched upon the topic of due diligence when concluding a transaction. This topic is quite multifaceted, therefore, in continuation of this issue, I decided to delve a little deeper into the topic and consider the issue of verifying the powers of the counterparty when signing an agreement. I have a special video course on how to check the transaction itself in its entirety on checking contracts when concluding. There is an algorithm of actions for checking as a whole, starting from the counterparty and ending with the text of the contract.

But let's get back to the powers...

Concept of authority

The signing of an agreement by the parties is one of the most important stages in the process of concluding a transaction. The most important point here is to check the powers of the persons signing the agreement. The fact is that the contract is given legal force, in most cases, by the signature of a person who has the appropriate authority to do so.

For legal entities, two signing options are possible.

Signing of the contract directly by the manager
Signing of an agreement by a representative by proxy

So according to Art. 53 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation)

A legal entity acquires civil rights and assumes civil responsibilities through its bodies acting in accordance with the law, other legal acts and constituent documents.

In this regard, powers represent a set of rights that allows a person (the first) to act on behalf of another person (the second), while the actions committed by the first person directly create, change and terminate the civil rights and obligations of the second person.

Verification of authority when signing a contract by the manager

In the vast majority of cases, contracts are signed on behalf of a legal entity by its sole executive body, authorized to do so by the constituent documents. A person who is a leader (in the position of director, president, chief, general director, etc.) is usually appointed by another, higher body of the legal entity (general meeting of participants, general meeting of shareholders, board of directors, etc.). The assignment is usually expressed in the form of a protocol or decision.

Thus, the first thing that needs to be checked when a manager signs an agreement is the presence and direct content of the protocol (decision) on the appointment. It should be noted here that for a number of organizations, usually public sector employees, the document expressing appointment to a position will not be a Protocol (Decision), but an Order (Order) of a higher body, but the essence does not change from this - the will of the founders must always be clearly expressed ( participants) of a legal entity on the appointment of someone as the sole executive body.

It is also important to check the contents of the protocol (decision) for the presence of the necessary details. The fact is that from September 1, 2013, a separate chapter appeared in the Civil Code of the Russian Federation - “Decisions of meetings”, which provides for certain requirements for decisions and the procedure for their adoption. For example Art. 181.2. The Civil Code of the Russian Federation stipulates that the protocol on the results of in-person voting must indicate:

date, time and place of the meeting;
information about persons who took part in the meeting;
voting results for each item on the agenda;
information about the persons who carried out the vote count;
information about persons who voted against the meeting’s decision and demanded that this be recorded in the minutes.

Thirdly, you should familiarize yourself with the charter of the legal entity. It is no secret that quite often the powers of the sole executive body of a legal entity are limited by constituent documents. In most cases, restrictions on transactions in constituent documents are carried out in one of three ways (or a combination of them):

transaction amount limit
restriction on the type of transaction
restriction on the ratio of the transaction amount to the value of net assets

In this regard, in order for the transaction not to be contestable, it is advisable to make sure that there are no obstacles or restrictions for the manager to conclude (sign) the contract.

Verification of authority when signing an agreement by proxy

In addition to the direct head of the legal entity, the agreement can also be signed by a person acting under a duly executed power of attorney.

A power of attorney is a written authority issued by one person to another person or other persons for representation before third parties. The regulatory requirements for a power of attorney are specified in Chapter 10 of the Civil Code of the Russian Federation.

It should be noted here that signing an agreement by an authorized person under a power of attorney does not cancel the requirements for verifying the powers of the person who issued the power of attorney. The fact is that by power of attorney you can only transfer those powers that you actually have at the time of issuing the power of attorney. This is logical. You can't convey what you don't have. In this regard, the standard check of the organization’s charter, protocol (decision) and Extract from the Unified State Register of Legal Entities remains in force, especially if the power of attorney is drawn up in simple written form, or issued by way of delegation.

As you know, there are two main forms of power of attorney

simple written
notarized

As an exception, Article 185.1 of the Civil Code of the Russian Federation provides cases when powers of attorney issued in certain circumstances are equated to notarial ones, as well as cases when a power of attorney can be certified by the organization in which the principal works or studies, and by the administration of the inpatient medical institution in which he is undergoing treatment.

If an agreement is signed, the requirements for powers of attorney are general.

So according to clause 4. Art. 185.1. Civil Code of the Russian Federation

A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so in accordance with the law and constituent documents.

Exceptions are transactions subject to state registration; here a notarized power of attorney is required. Please note that the requirements for a power of attorney have become somewhat softer since September 1, 2013. Now the organization's stamp on the power of attorney is not mandatory; only the signature of the authorized person is sufficient.

Next, look at the date of issue of the power of attorney. A power of attorney that does not indicate the date of its execution is void.

Since powers of attorney are usually issued for a certain period, it is necessary to make sure that they are not expired. Although, of course, according to the new rules (from 09/01/2013), the validity period of the power of attorney is not formally limited.

In addition, I strongly recommend that when signing important agreements through a proxy, having familiarized yourself with the contents of the power of attorney and its compliance with the law, check with the principal (the person who issued the power of attorney) whether it has not been revoked (cancelled) on the day of signing the agreement. An exception to this rule is the irrevocable power of attorney, introduced by the legislator into the Civil Code of the Russian Federation on September 1, 2013, although such a power of attorney has some nuances specified in Art. 188.1. Civil Code of the Russian Federation. Therefore, when signing an agreement by proxy, you must not lose vigilance; there are many nuances.

Acting General Director

Article 60.2 of the Labor Code of the Russian Federation tells us that any employee, with his written consent, may be assigned additional duties that will be performed during normal working hours (that is, additional work will be performed during the working day, and not outside of it, as in the case of part-time work).

Lawyers of companies, organizations, enterprises, as well as employees of personnel services, often have to deal with various kinds of documents, such as orders, contracts, instructions, which can be signed by a person indicating the position as “acting director”. This material talks about the legal nuances and subtleties of transferring the powers of a manager. To properly understand the status of “acting director,” we will turn to the legislation governing the relations of the most common organizational and legal form, such as a limited liability company, and will begin our consideration from the moment the company’s participants appoint a citizen to the position of director.

Drawing up and processing of orders

Management specialists believe that 75% of the efficiency of an enterprise depends on formalized administration, i.e., on the ability to competently draw up instructions, orders and monitor their implementation.

In order for an order to be effective, it must contain at least three main elements for each item of the order, namely: what needs to be done, in what time and which employee is responsible for it.

Most managers do not adhere to these truisms, so orders often lack either a deadline or a performer. In one travel company, an order was displayed for employees and clients to see: To improve customer service, we order that all stages be carried out efficiently.” The head of another company, having visited abroad, decided to introduce rules of dress at work in accordance with Western standards. The order signed by him sounded like this: “To improve the work culture, I oblige all employees to adhere to the corporate dress code.” But this demand of the leader remained unanswered. Firstly, no one explained to the employees what the manager considered “corporate clothing style.” Secondly, the order does not specify the timing of the transition to this style and the responsible person monitoring implementation.

There are three types of orders:

order on administrative and economic issues;
order on the main activity;
personnel order.

Order on main activities

Let's consider the methodology for drawing up an order for the main activity.

Orders for core activities are legal regulations that implement the controllability of objects from top to bottom, that is, from the governing body to the managed one.

Preparation of an order includes several stages:

initiation of the issuance of an order;
collecting the necessary information;
preparation of a draft document;
coordination;
checking the correctness of registration;
signing;
bringing the order to the executors.

The processing of administrative documents may be regulated by the regulations on the procedure for the preparation and entry into force of the organization’s administrative documents or by the introduction of a corresponding section in the organization’s office management instructions.

The text of the order consists of two interconnected parts: stating and administrative. The ascertaining part indicates the reasons that served as the basis for issuing the order. Usually this part begins with the following stable phrases: “For the purpose. ", "Based. ", "In connection with. ".

If the basis for issuing an order is any normative act of a higher body, then the ascertaining part should indicate the type of act, its author, full name (heading), number and date, i.e. all search data should be provided. If there is no need to provide explanations, then the stating part may be missing.

The administrative part is separated from the stating part by the verb “I order”, which is written in capital letters on a new line, without a paragraph or quotation marks, and a colon is placed at the end of the verb. The administrative part is divided into paragraphs and subparagraphs, which are numbered in Arabic numerals. Each paragraph of the administrative part indicates the performer, the prescribed action and the deadline for execution. Performers can be either individual officials or organizations. The number of performers for each item is not limited. The performer is indicated in the dative case. For example: “Directors, etc. The prescribed action is expressed by verbs in the indefinite form “prepare”, “enroll”, “provide”, “approve”. The deadline must be realistic and correspond to the scope of the proposed work. Typically, a separate deadline is set for each task. The last paragraph in the orders indicates the person who is entrusted with control over the execution of the document (position and full name). Administrative documents may have attachments, which are referenced in the relevant paragraphs of the administrative part. However, the “application” attribute is not issued in this case; links to applications are given in parentheses in the appropriate paragraphs. For example: “Approve the instructions for office work” (Appendix 1).

On the application itself, in the upper right corner of the first sheet, the word “Appendix” is printed (if there are several applications, they are numbered) and it is indicated which order or point of the order the application relates to, for example:

Dictionary of personnel records management. An order is a legal act issued by the head of a management body acting on the basis of unity of command to ensure basic and operational activities.

Appendix to the order - materials of a reference, documentary or other nature, additional to the main text of the order.

If the appendix to the order is an approved document (regulations, rules, instructions, etc.), an o is made in the corresponding paragraph of the administrative part, and the document approval stamp is placed on the appendix in the upper right corner.

In draft orders that have one or more appendices, there must be a single page numbering covering the main text and all appendices.

Attachments to draft orders must be endorsed by the executor who prepared them and by the heads of structural units. A mailing list is attached to the draft order.

The order is issued on a general A4 format form. Further, in the course of work on the draft order, the stages of coordination and signing follow. Draft orders prepared for approval are drawn up on standard sheets of paper with all the necessary details indicated and “Draft” indicated in the top field of the document on the right.

Before signing, the project is subject to agreement with all interested parties, as well as with the structural divisions and officials to whom it concerns. Coordination is carried out by approval. Visas or approval marks are usually affixed to the first copy of the project. In case of disagreement with the project, a reasoned conclusion is written. Before signing, the project is carefully checked for spelling or stylistic errors. The order is signed by the head or deputy head of the enterprise.

To familiarize yourself with the order, extracts from the order for each item can be prepared.

An order for administrative and economic activities is drawn up in the same way as an order for the main activity.

The employer must organize the correct and timely maintenance of work books, and responsibility for maintaining, storing, recording and issuing work books lies with a specially authorized person appointed by order (instruction) of the employer. The issuance of such an order for the main activity is mandatory, despite the fact that responsibilities for working with work books are always included in job descriptions and in employment contracts of employees responsible for working with work books. Due to the periodic change of personnel service employees, as well as their possible temporary absence, it seems undesirable to indicate in the text of the order appointing someone responsible for working with work books the surname of the currently working employee and you can limit yourself to the name of the position (if one staff unit is assigned to it).

Order on personnel

Orders on personnel constitute a separate group of personnel documentation and require certain drafting rules that differ from orders on main activities. They record hiring. relocation at work, dismissal from work, establishment of official salaries, vacations, business trips, change of name, incentives, penalties, etc.

This is interesting: Methods of constitutional law include

Currently, unified forms of most orders for personnel are in force (Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1). They have peculiarities of drafting and execution: these orders are issued not for several actions, but for one, i.e., an order for employment is issued independently, an order for transfer, dismissal, or secondment is issued independently. Each order can be issued not for an individual employee, but for several at once, which is very convenient when there are a large number of employees.

The introduction of unified forms has caused a variety of opinions: some believe that such forms are convenient and necessary for the personnel service, others believe that the new forms increase the labor intensity of maintaining personnel documentation.

However, it should be taken into account that modern personnel documentation has such shortcomings as: the inability of some documents to be processed by means of electronic computers, an unjustified variety of forms that formalize similar tasks for organizing personnel management, and the absence of a single regulatory document for the preparation of personnel documentation.

The developers of unified forms of personnel documentation pursued two goals: to streamline and unify the traditional set of documents that formalize a number of tasks for organizing personnel management and to adapt these documents to computer processing.

The introduction of unified forms of orders for personnel made it possible to introduce uniformity into the structure of the text of the document and relieved personnel service employees from doubts about choosing one or another option for writing the administrative part.

Due to the fact that unified forms have not been developed for all orders for personnel, we will consider the general features of the execution of orders for personnel that are not included in the list of unified forms.

Orders for personnel are drawn up on A4 format and have the following details:

name of the organization that authored the document;
name of the document type - “Order”;
date, number;
place of publication, title to the text;
text;
signature;
visa approval;
a note confirming familiarization with the employee’s order;
a note on the execution of the document and its sending to the file.

Orders are numbered within a calendar year. The number (index) is written with the letter “k”, which means an order for personnel, or l / s (order for personnel), other letter designations are possible. The main thing to remember is that orders with different retention periods cannot be formed into one case. Orders are usually endorsed by the Deputy Director for Human Resources, an employee of the HR department, or the head of the department to which the employee is sent, and orders that have a clause on financial liability must be endorsed by an accountant. The employee maintaining personnel documentation must familiarize each employee with the order, after which the employee affixes his visa, consisting of the following elements: “I have read the order,” signature, transcript of the signature and date of familiarization.

Orders come into force from the moment they are signed, but sometimes the text of the order may indicate a different date for its entry into legal force. For example, the order was signed on April 22, and the employee was appointed to the position on April 27.

The texts of the personnel order are subject to special requirements: the wording must be clear and precise, as they reflect the employee’s labor rights. An order on personnel, unlike an order on the main activity, may not contain a statement part and the administrative word “I order” (it is not contained in orders on personnel, unlike an order on the main activity). The command word in orders for personnel are the words: “Accept”, “Dismiss”, “Assign”, “Change”, “Assign”, etc.

The text of the order, in connection with established practice, can be drawn up in two ways.

The first option is when the administrative part usually begins with a verb: “Change”, “Assign”, “Announce”, etc., printed in capital letters without a paragraph on a new line after the title to the text. The heading to the text of the orders answers the question “about what?”: about hiring, about dismissal, about changing the last name, about reprimanding, about transferring to another job, etc. Then, on a new line, from a paragraph, the full last name and first name are written , patronymic of the employee to whom the order is issued and subject to the order.

Ivanova Irina Sergeevna, senior expert of the sales department, reprimanded for

negligent attitude towards official duties resulting in damage

In the second option, the administrative word is written on the same line with the action. Let's consider drawing up an order to amend documents containing the employee's personal data in connection with the employee's marriage. This order does not have a unified form and is drawn up according to the rules for drawing up administrative documents. The text of such an order must necessarily contain information about both the old and new data of the employee, and details of the documents on the basis of which new information about him is entered. The recommended name for such an order is “Order to amend documents containing the employee’s personal data.”

It is not recommended to use a common formulation like “From such and such a date, consider Ivanova Lebedeva in connection with the registration of marriage. “, because it’s illiterate. One might think that without an order from the employer, Ivanov would not be considered Lebedeva? She is considered Lebedeva on the basis of a marriage registration certificate, and not on the basis of an order from her employer.

Another common wording is also incorrect: “Make changes to the employee’s personal data.” Changing an employee’s personal data is the authority of special government bodies, and not the employer’s personnel service. The personnel service only makes changes to documents containing personal data on the basis of documents on changes in personal data of employees issued by special government bodies.

The date of the order is the receipt of a copy of the passport by the personnel service.

Represented by the acting director

Latyev Alexander Nikolaevich Unlike individuals who independently sign contracts, powers of attorney, statements of claim and other documents, legal entities act in civil circulation through the actions of individuals representing them.

Explain the legal status of the “acting manager” (CEO, director). How to correctly indicate in the preamble of a contract the basis of its powers (charter, order, decision, etc.)? However, the authority of this acting person to conclude contracts on behalf of the organization should be formalized not by order, but by a power of attorney. The fact is that the order is an internal administrative document; its effect does not extend beyond the specific organization in which it was issued.

How to write according to statutory order or order

In accordance or in accordance

But first, I suggest you look in the dictionary and find out the meaning of these prepositions. Let's turn to Ushakov's explanatory dictionary: preposition (and also in accordance with)

with creativity pad. Used to indicate something that acts as:

1) the basis for the action, which is the determining factor for the action; according to smth.

How to write according to statutory order or order

2 tbsp. 57 of Law N 94-FZ appealing the actions (inaction) of the customer, authorized body, specialized organization, competition, auction or quotation commission in the manner prescribed by Chapter.

In accordance or in compliance - which is correct?

The decision to go to the sea was made in accordance with the opinion of all family members.

In accordance with #8212; or #8212; According to #8212; All messages in this topic

in accordance with this methodology#187;. correctly: in accordance with this, the tasks of the work are as follows.

(in what?) in accordance with this.

bring (into what?) into conformity. For example: In accordance with the law. O . in with the law On the forum since 04/09/2009 because

there can be no mention of the #171;Regulation in the law.

#171;. but this #171;position#187; may be the so-called

Article 142

The issue or delivery of securities is subject to state registration in cases established by law.

1. Regarding the definition of a security, there have long been disputes both among legislators of various countries, and among civil scientists and practitioners.

As N.O. wrote Nersesov, “most lawyers... give not entirely accurate definitions... Securities become such due to the law contained in the document.

In accordance or in compliance: which is correct?

However, their use in writing depends entirely on the context in which they occur and what meaning is desired.

After all, although these words are very similar to each other, their spelling, as well as their meaning, differ significantly. And in order to avoid mistakes in choosing one ending or another, you should figure out in which speech situations it is appropriate to use them.

How to write correctly: “in accordance” or “in accordance with” (agreement, agreement)?

And this indicates that it is declined in a special way in comparison with words of the neuter and masculine gender of the second declension.

In addition, it has unstressed case endings, which will cause difficulties in writing its case forms. Let's observe the change in this noun.

And for comparison, let’s take a neuter word with stressed endings. In the accusative case form, this noun has the ending -e, as in the nominative case form, but is used with or without a preposition.

Unlike the original document, a copy has no legal force: it cannot be evidence in court, confirm the right to benefits, etc.

The acting director acts on the basis of what

A temporary director is elected in cases where, for some reason, the director (general director) is permanently absent from the joint stock company (death, inability to perform duties, removal from office), while an acting director is usually elected for the period of temporary absence of the current director ( vacation, business trip, illness). And about. The director acts on the orders of the current general director and at the time of his appointment as acting director is an employee of the joint-stock company. A temporary director is always elected by the board of directors (supervisory board) of the joint stock company, and may not be an employee of the company at the time of election. There is no position of acting director in the company (you cannot be hired for the position of acting director).

CEO female current or current

Return to Russian language

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Question ? 184629

How to correctly write in the personnel order: Appoint Maria Mikhailovna Ivanova as acting director (or acting director)?

Irina