Why do you need an order for the right to sign?
The Ministry of Finance of the Russian Federation in information dated December 4, 2012 No. PZ-10/2012, commenting on the provisions of the Law “On Accounting” dated December 6, 2011 No. 402-FZ, expressed the opinion that the head of an economic entity is obliged to approve lists of persons who are authorized to sign primary accounting documents.
The position of the department is based on the provisions of Art. 7 and 9 of Law No. 402-FZ and can be considered as defining a successive rule of law relative to the one established in paragraph 3 of Art. 9 of the Law “On Accounting” dated November 21, 1996 No. 129-FZ, which was previously in force. The previous legal acts regulating accounting contained a direct requirement for the manager to approve the list of persons who have the right to sign on the primary document.
The current legislation does not regulate how the relevant persons should acquire their powers. In practice, in Russian organizations it is common to consolidate these powers by issuing by management:
- an order for the right to sign the primary document by a specific person or a list of persons;
- power of attorney for the right to sign the primary document.
Let us consider the specifics of both methods of transferring rights to sign a primary document in more detail.
How to prepare a copy of the personnel order for the accounting department
In accordance with GOST R 51141-98 “Office management and archiving. Terms and Definitions” The original of an official document is its first copy. Documents are created in one copy, with the exception of certain cases when there is a direct indication of the creation of a document in several copies having equal legal force.
Thus, in several “first copies” (that is, in several originals), any contracts (according to the number of contracting parties), joint orders (according to the number of parties issuing the order), some acts and protocols are created. Documents documenting the organizational and administrative activities of the head of the organization, both orders for core activities and orders for personnel, are created in one copy.
The title to the text of the order is formulated in accordance with the type of order.
For example, what is the order about? If the order is individual, the surname of the accepted employee is added to this heading.
In the practice of personnel services, orders for personnel are divided into simple and complex according to the structure of the text. A simple order formalizes one administrative action, for example, hiring or business trip.
If an order is issued for each employee separately, then such orders are considered individual.
Important
Krasnova
Statement
on the issuance of work-related documents
Based on Art. 62 of the Labor Code of the Russian Federation, I ask you to provide me with duly certified copies of the following work-related documents in connection with my dismissal:
– a copy of the order for transfer to the position of manager;
– a copy of the employment contract.
Krasnova, 08/24/2017
How to properly certify copies of documents for an employee?
In the original, only a work book and some types of certificates are issued to the employee. For example, a certificate of average earnings is issued on the organization’s letterhead, signed by the manager and with the organization’s seal.
Other documents are issued in copies, which must be properly certified.
at the request of the employee, the employer is obliged to provide him with a duly certified copy of the order (instruction) on hiring.
Article 84.1 talks about documents issued upon dismissal. In particular, at the employee’s request, a duly certified copy of the order (instruction) to terminate the employment contract must be issued, and, based on a written application, certified copies of work-related documents must be issued.
And of course, on the day of dismissal, a work book is issued.
In addition, in
Art. 89 of the Labor Code of the Russian Federation determines that in order to ensure the protection of personal data stored by the employer, employees have the right, among other things, to receive copies of any record containing their personal data, except for the cases provided for in Part 8 of Art.
Attention
But in our organization we make two copies: for personnel and for accounting.
https://youtu.be/K5k8d0MR_A4
How to certify the right to sign primary documents - by order or power of attorney
The main criterion for distinguishing between an order for the right to sign primary documents and a power of attorney in this case is that the validity of a document of the first type applies only to employees of the business entity, while the second type applies to any persons specified in the document. The drawing up of orders and powers of attorney is regulated by different branches of law - labor and civil, respectively.
The procedure for issuing a power of attorney for the right to sign invoices was explained by ConsultantPlus experts. Get trial access to the system and upgrade to the Ready Solution for free.
The choice of an order as a normative act certifying the transfer of the right to sign the primary document will be optimal in cases where only internal documents are intended to be signed. At the same time, there is absolutely no need (primarily from the point of view of the security of the transfer of corporate information) to grant unnecessary powers to third parties.
In turn, if this or that documentation needs to be signed and then transferred to the third party (for example, accompanying documents for transported cargo or an invoice), then in this case a power of attorney may be needed.
Both in the power of attorney and in the order, it is important to reflect:
- personal data of the authorized person;
- a list of specific types of documents that an authorized person has the right to sign.
Also, in both cases, the head of the business entity certifies a sample signature of the authorized person, which is affixed by the person in a separate column of the order or power of attorney.
How is the second copy of the order for accounting certified?
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Question How many copies of orders should there be in the original? Answer Having considered your question, we can say the following: orders for personnel are prepared on the organization’s letterhead in ONE copy, and it is announced to the employee against signature. Orders for main activities are also prepared in one copy. If necessary, a copy is made of them and certified.
Originals and copies of personnel orders
At the same time, not a single regulatory document states that the accounting department must store original documents on personnel. Therefore, make 1 original, and the rest, if necessary, copies.
But if you have a document defining the procedure for storing the originals of the order, then the presence in the accounting department or personnel of a copy without the employee’s signature cannot entail the employer’s liability if the original has the employee’s signature.
Note: It should be noted that the employee gets acquainted with the documents related to his activities, but there is also no indication that when preparing several original orders, the employee must be familiar with each copy of the original order. Those. and in this case, it is enough to familiarize the employee with one copy of the original order and have confirmation of the fact of familiarization (the employee’s signature on the original).
Vote:
Order log Maintaining personnel documentation, first of all, implies great responsibility. Along with this, the collection, analysis and registration of documentation of an order nature requires increased concentration and strict adherence to the law.
Journals related to personnel work are essentially the foundation of all personnel records management. In this regard, the designated journals may be subject to systematic inspections by various regulatory authorities.
In addition, the correct execution of personnel documentation has a direct impact on its legal significance, and also personally affects each employee of the organization.
How many copies of orders should there be in the original?
Document transfer journal Orders for main activities are usually numbered with a serial number, and personnel orders - with a number and a letter. For example, the number may look like “Order No. 2 -l/s” or “Order No. 2-k.” For documents with different shelf life, come up with different designations.
For example, short-term ones can be marked as personnel, and long-term ones as personnel. Important Divide personnel orders into 2 parts according to storage periods. Documents on the provision of regular or study leave, short-term business trips, incentives and disciplinary sanctions are stored for 5 years.
File orders for hiring, transfer, dismissal, long business trips and long vacations in another folder.
Write the name of the folder and expiration date on the covers of the folders. File orders for your main activities separately 4 In large companies, orders are processed by different services.
Who should have the original orders in personnel or accounting
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raspi [email hidden] Russian Federation #1[278119] December 21, 2011, 5:11 No ratings Good day everyone! And I had this question: I always made HR orders in one copy, registered them myself, filed them in my folders, and gave copies to the accounting department.
Yesterday they told me that they should have the originals. Now I don’t understand how to figure it out? It doesn’t seem logical to keep copies, or you need to make orders in two copies.
Maybe I’ve been doing it wrong all this time? Tell me how it is with you and what to do? I want to draw the moderator's attention to this message because: A notification is being sent... Dandelion [e-mail hidden] Russia, Chelyabinsk #2[278126] December 21, 2011, 5:45 A copy is definitely sent to the accounting department. But in our organization we make two copies: for personnel and for accounting.
Register of transfer of orders to the accounting department
A to-do list can be used as a tool to accomplish this task. Organizational and administrative documents are internal documents of the organization. Organizational documents Organizational documents, in particular, include: Administrative documents Administrative documents include:
- orders and instructions that reflect issues of working with personnel (orders on admission, dismissal, transfer, etc.);
- personnel documents reflecting the movement and accounting of personnel (personal cards, personal files).
Preparation of documents When preparing organizational and administrative documents, you can use unified documents approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. At the same time, from January 1, 2013, in connection with the adoption of the Law of December 6, 2011
Thus, in several “first copies” (that is, in several originals), any contracts (according to the number of contracting parties), joint orders (according to the number of parties issuing the order), some acts and protocols are created.
Documents documenting the organizational and administrative activities of the head of the organization, both orders for core activities and orders for personnel, are created in one copy.
After signing, these documents are subject to registration and prompt storage in the relevant services.
Where can I download an order for the right to sign primary documents - sample
You can download a sample order for the right to sign on our portal.
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An order for the right to sign primary documents (power of attorney) is a document the use of which is determined by the requirements of the legislation of the Russian Federation on accounting. The order (as well as the power of attorney) must reflect the data of the employee who has received the appropriate authority, a sample of his signature, as well as a list of documents that he has the right to sign.
You can learn more about how orders and powers of attorney for the right to sign primary documents are drawn up in the articles:
- “Sample order for granting the right to sign invoices”;
- “Sample power of attorney for the right to sign invoices”;
- “Order on granting signing rights to the chief accountant”.
Sources:
- Information from the Ministry of Finance of Russia N PZ-10/2012
- Federal Law of December 6, 2011 N 402-FZ “On Accounting”
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Personnel orders
Order
– a legal act issued by the head of a management body (enterprise, organization), acting on the basis of unity of command, to solve the main and operational tasks facing this body.
ORDERS FOR PERSONNEL
Orders for personnel
formalize the labor relations between employer and employee, which are regulated by the Labor Code of the Russian Federation.
In accordance with part three of the Labor Code of the Russian Federation, which establishes the logic of regulating labor relations, as well as taking into account the significance of management action from the point of view of current legislation and the value of the document, which is expressed in its storage period, orders for personnel are classified quite simply.
First group
– orders formalizing labor relations and essential facts of the implementation of the employee’s labor function (relating to the terms of the employment contract) and having
a shelf life of 75 years :
- about hiring (conclusion of an employment contract);
- on transfer to another job (permanent transfer with the consent of the employee, i.e. changing the employment contract);
- about dismissal (termination of employment contract);
- on the establishment of wages (changes in wages as a change in the essential terms of the employment contract);
- about sending on a business trip (long-term foreign);
- about encouragement (bonus, declaration of gratitude, awarding a valuable gift, certificate of honor, etc.).
It should only be noted that orders for the appointment of the first persons of the enterprise, those officials who are mentioned in the charter (for example, the general director, his deputies, chief accountant, head of the internal control service), are orders for the main activity, and not for personal composition.
The second group is orders that promptly regulate the performance of a labor function by an employee and have a shelf life of 5 years :
- on granting leave;
- about sending on a business trip (short-term);
- on the application of a disciplinary sanction (remark, reprimand, etc.);
- on referral to training (seminar) as part of professional training, retraining and advanced training.
This classification of orders is reflected in the structure of Article 6 of the “List of standard management documents generated in the activities of organizations, indicating storage periods.”
REGISTRATION OF ORDERS
Registration is the transfer of document details into a specific registration form (magazine, book, card index, database) and affixing a number (or index) and date to the document.
All types of orders for personnel must be registered. Registration in journal form provides a good solution for the protection and recording of documents. The last entry shows the total number of registered documents.
All registration data is compactly grouped in one or more journals, which are subject to special storage. It is impossible to remove entered data from the journal or register a document retroactively.
All these advantages of the journal registration form ensure its use today, despite the presence of new technologies that allow automating the registration of documents.
The obligation to maintain accounting forms in journal form is established by regulatory documents (List of standard management documents generated in the activities of organizations, indicating storage periods; Inter-industry integrated time standards for staffing and accounting work).
The “Personnel in Order” company has developed convenient journals for recording orders and registering orders
. Depending on the volume of personnel document flow, various types of journals can be used.
All registration journals (books)
are carried out until completely filled.
On the cover of each registration book, you should write the name of the organization (institution) and put the date of establishment of the journal, and after the book is completely filled out, the end date.
If during the maintenance of the journal the name of the organization (or its legal form) changes, then clarifications should be made on the cover of the journal.
More information about the rules for registering orders can be found in the article by L. Sankina “Journals of registration of personnel documentation.”
EXAMPLES OF ORDERS
RECEPTION
- Form T-1. Unified form of admission order
- Form T-1a. Unified form of admission order (several people)
- T-1. Order for permanent employment
- T-1. Order for admission to permanent employment, without testing
- T-1. Order for admission to seasonal work
- T-1. Order for part-time admission
- T-1. An order for admission, temporarily, for the period that another employee is on parental leave
- T-1. Order for acceptance, temporarily, for the period of work
- T-1. Order for admission, urgent, for medical reasons
- T-1. Order of admission, age up to 18 years, shortened working hours
- T-1. Order of admission, part-time
- T-1. Order of admission, part-time work week
- T-1. Order of admission, part-time work
- T-1. Order of acceptance, with full financial responsibility
- T-1. Admission order, manager and deputies, 6 month trial
- T-1a Order for permanent employment (several employees)
- Order on cancellation of an employment contract
TRANSLATION
WORKING AND REST TIME
PART-TIME, COMBINATION, ADDITIONAL AMOUNT OF WORK
INCENTIVES AND PENALTIES
BUSINESS TRAVELS, DIRECTION FOR TRAINING
TERMINATION (Termination of employment contract)
OTHER PERSONNEL ORDERS
- Order on changing surname
- Order on changing patronymic
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