Is a stamp required on an employee’s dismissal order?

Is a stamp placed by a legal entity when drawing up a response to a statement of claim?

When drawing up a response to a statement of claim by a legal entity, is a stamp affixed when signing the response?

What if we are without a representative?

14 April 2020, 13:23

Yes, we have simplified production and the review is signed by the director.

14 April 2020, 13:45

Hello! There is no need to put a stamp on the revocation, but on the power of attorney issued to the representative, there must be a seal.

And who will represent the interests of the organization in court, or do you have simplified proceedings without calling the parties and the review is signed by the director?

No, there is no need to put a stamp.

Good afternoon. According to the rules of Art. 131 Arbitration Procedure Code of the Russian Federation;

5. The response to the statement of claim shall indicate: 1) the name of the plaintiff, his location or, if the plaintiff is a citizen, his place of residence; 2) the name of the defendant, his location or, if the defendant is a citizen, his place of residence, date and place of birth, place of work or date and place of state registration as an individual entrepreneur; 3) objections to each argument regarding the substance of the stated requirements, with reference to laws and other regulatory legal acts, as well as to evidence substantiating the objections; 4) a list of documents attached to the review. 6. The response must indicate telephone numbers, fax numbers, email addresses and other information necessary for the correct and timely consideration of the case. 7. Attached to the response to the statement of claim are documents that confirm the arguments and (or) objections regarding the claim, as well as documents that confirm the sending of copies of the response and documents attached to it to the plaintiff and other persons participating in the case. 8. The response to the statement of claim is signed by the defendant or his representative. The review signed by the representative is accompanied by a power of attorney or other document confirming his authority to sign the review.

There is no guidance in the Code regarding sealing in a review. But it talks about signatures and attachments.

Should a claim be sealed if signed by a director?

Legal grounds prohibit placing such a signature, which does not require the “live” participation of an authorized person, on the following documents:

1. invoices;
2. contracts that need to be registered;
3. powers of attorney.
4. related to bank payments;
5. various statements;
6. declarations;
7. personnel papers;
8. cash documents;

You can leave a facsimile signature when exchanging documents within the framework of one contract if:

1. There is an agreement between the partners on the use of facsimile clichés.
2. a contract signed in the usual way provides for this possibility;

Such papers can be commercial offers, letters, acts, specifications, etc. If you strictly follow the rules, then the document must contain an indication of the signatory’s right to act on behalf of the organization: a signature based on the constituent documents, an order or instruction from management, a power of attorney.

Lawyers' answers (6)

A statement of claim without a signature will not be accepted for processing.

Client clarification

Thanks for the answer! Please tell me, do I need to file a new claim or can I correct the one that was filed?

01 May 2020, 22:44

No, you can just go and ask the office management department or office for your statement of claim and complete it.

If you are given the opportunity to sign the statement of claim directly in court, then do so. Find out in the office which of the judges is reviewing the material and contact them during office hours.

If they don’t allow it to be corrected, then file a new claim. When to submit depends on the state duty receipt. If the amount for a material claim is large, then you should wait for the materials you submitted to be returned.

If the claim is intangible, then you can file the claim again with a new receipt of the state duty, so as not to waste time.

01 May 2020, 22:52

Due to the fact that there is no signature on the statement of claim, the court must leave your statement without progress, inform you about this and give time to eliminate the shortcomings.

Article 136. Leaving the statement of claim without progress 1. The judge, having determined that the statement of claim was filed with the court without complying with the requirements established in Articles 131 and 132 of this Code, makes a ruling to leave the statement without progress, which the person who filed the statement notifies, and provides him with a reasonable period of time to correct the deficiencies. Art. 136, “Civil Procedure Code of the Russian Federation” dated November 14, 2002 N 138-FZ (as amended on April 6, 2015)

Article 131. Form and content of the statement of claim 1. The statement of claim is submitted to the court in writing. 2. The statement of claim must indicate: 1) the name of the court to which the application is submitted; 2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative; 3) the name of the defendant, his place of residence or, if the defendant is an organization, its location; 4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands; 5) the circumstances on which the plaintiff bases his claims and evidence confirming these circumstances; 6) the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money; 7) information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by the agreement of the parties; list of documents attached to the application. The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s requests. 3. The statement of claim brought by the prosecutor in defense of the interests of the Russian Federation, constituent entities of the Russian Federation, municipalities or in defense of the rights, freedoms and legitimate interests of an indefinite number of persons must indicate what exactly their interests are, what right is violated, and also there must be a reference to a law or other regulatory legal act that provides ways to protect these interests. If the prosecutor appeals to protect the legitimate interests of a citizen, the application must contain a justification for the impossibility of bringing a claim by the citizen himself or an indication of the citizen’s appeal to the prosecutor. (as amended by Federal Law No. 43-FZ of April 5, 2009) 4. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court. Art. 131, “Civil Procedure Code of the Russian Federation” dated November 14, 2002 N 138-FZ (as amended on April 6, 2015)

You can find out for yourself in the office which judge has your case (if you don’t know) and go up to the judge’s office hours and sign.

If you are given the opportunity to sign the statement of claim directly in court, then do so. Find out in the office which of the judges is reviewing the material and contact them during office hours. Dyachenko Viktor Anatolievich

There will be no such possibility in principle. The judge will make a ruling to stop the application without moving. A court hearing, of course, cannot be scheduled.

According to Articles 131-132 of the Code of Civil Procedure of the Russian Federation, a date may not be included in the statement of claim, but a signature is required.

Should a statement of claim be stamped?

Dear Colleagues! In a number of organizations, incl. state, and also sometimes in court instances, we are faced with the fact that when signing applications, certifying copies, a representative of an organization by proxy is also asked to affix the organization’s seal. We believe that the attached (or presented) power of attorney should be sufficient. It would be interesting to know the informed opinion of experts regarding the need for a seal on a document next to the signature of the representative by proxy. Thank you in advance.

I’m no expert, but it was explained to me on this forum that a representative with a power of attorney does not need a seal, moreover, a seal from a representative is nonsense.

Is it possible to certify copies of documents by power of attorney? =/ in this case it’s normal that they ask for a seal to certify the copies, I think)

possible if the power of attorney contains such authority. There is nothing normal here. The organization's seal is placed on the power of attorney; this is a mandatory requirement of the law. But I don’t know about the legal requirement to put a stamp on certified copies.

Stamping on certified copies is required. Another thing is that the courts turn a blind eye to the lack of a seal.

DECREE of August 4, 1983 N 9779-X

ABOUT THE PROCEDURE FOR ISSUING AND CERTIFICATION BY ENTERPRISES, INSTITUTIONS AND ORGANIZATIONS OF COPIES OF DOCUMENTS CONCERNING THE RIGHTS OF CITIZENS The accuracy of the copy of the document is certified by the signature of the head or authorized official and the seal.

PRESIDIUM OF THE SUPREME COUNCIL OF THE USSR

We seem to be talking about the rights of trusted representatives. And not about issuing documents to citizens, but about providing evidence in court.

Yeah.. In the organization, the documents do not concern the rights of citizens. It’s easy to sign the statement of claim. I sign by proxy and only sign on the claim (without a seal). And the court never had any questions.

Oh well, they don’t touch? I cannot imagine a document that does not concern the rights of citizens; a legal entity is an abstraction; concrete citizens always stand behind it. The claim can indeed be signed by power of attorney and not stamped. In general, a seal is not a requisite of a statement of claim.

[QUOTE=Dubinkin;52910296] I cannot imagine a document that does not concern the rights of citizens, a legal entity is an abstraction, there are always specific citizens behind it. [QUOTE]

It's all theory