Who has signing authority?
Who has the right to sign a particular document must be clearly stated in the relevant regulations, which may include:
- constituent documents of the organization;
- job description;
- local regulations;
- order;
- order;
- power of attorney.
The absolute right to sign (without a power of attorney or other special justification) belongs to the manager, that is, the director or chairman of the board. Its data must be contained in the state register (Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs).
IMPORTANT INFORMATION! If, when registering an enterprise, the manager gives the right to sign without a power of attorney along with himself to another person or persons, this information is also entered into the register.
Who should sign the document if the director is absent?
There is no direct prohibition in the law to sign with a different signature, however, at the same time, the signature in the passport is, as it were, a “standard”. If the signature is verified (for example, at a bank when preparing documents, at an embassy or at a notary), it will be verified exactly with the one in the passport - the “standard”.
Thus, Rosreestr authorities have the right to suspend a transaction to register a transfer of ownership if an employee has doubts about the signature on the title document. In this case, a Rosreestr employee has the right to call the applicant for a personal meeting and ask him to sign the document again in person in front of the registrar.
Thus, in order to avoid unnecessary problems and legwork, it is better to sign important documents “as in a passport.”
If there is any doubt about whose signature is on the document, it is the person who signed it who will have to prove that it is his signature or not. And not to the person (organ) who doubted this.
If a citizen wants to officially change his signature, then only together with the passport: in the new passport - a new signature.
As stated above, if a document is signed with a signature different from the signature in the passport, it will not lose its legal force. Thus, you cannot intentionally sign a loan agreement with a different signature and subsequently claim that the agreement is invalid and there is no debt.
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In this case, as when signing other documents, by signing, the citizen expresses his will, free agreement with the conditions set out in the documents and the obligation to comply with them.
And when accepting obligations, it is not the signature that is important, but the person’s personality.
If I sign the purchase and sale agreement, then I personally accept obligations. My signature may be completely different from the one on my passport, but this does not mean that another person signed for me. I did this myself and, as a result, agreed with everything.
If doubts arise about the question “whose signature is on the document”, when the person who allegedly signed it denies everything, the interested person has the right to conduct a handwriting examination.
If the person with the absolute right to sign is for any reason absent from his/her workplace at the time the signature is required, this option should be provided in advance. There are several ways to resolve this situation:
- Provide in the constituent documents the possibility of signature for the deputy director or other official.
- Issue a power of attorney for signature by an authorized person (you can do this immediately for a long period, for example, for a year).
- Issue an order or instruction for the right to sign a specific document (one-time option).
- Use a facsimile version of the signature in cases where this does not contradict the law.
Signed by I.O.
If the document is signed by the acting director or his deputy, the right to sign is delegated to him on the basis of the above documents. At the same time, there is no need to indicate “acting” in the signature itself; according to GOST rules, only the name of the position is required, which for the employee who temporarily assumed management responsibilities remained the same. This must be indicated when the document is endorsed. It is also unacceptable to use a slash and the use of the preposition “for” before the signature.
IMPORTANT INFORMATION! Documents signed by the acting official in violation of the design of this detail (with the letters “i.o”, slash or preposition “for”) cannot be notarized, they can be challenged in court.
If on the form the position of director is in the place intended for signature, and the person signing is acting, then you need to cross out the printed phrase and enter the name of the real position of the signatory. The same should be done if the surname and initials of the absent manager are printed. Corrections are made in handwritten form.
An imprint of a sample signature, which is so easy to give to any employee and therefore very convenient to use, cannot be left on all documents. Legal grounds prohibit placing such a signature, which does not require the “live” participation of an authorized person, on the following documents:
- related to bank payments;
- various statements;
- personnel papers;
- declarations;
- invoices;
- cash documents;
- contracts that need to be registered;
- powers of attorney.
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You can leave a facsimile signature when exchanging documents within the framework of one contract if:
- a contract signed in the usual way provides for this possibility;
- There is an agreement between the partners on the use of facsimile clichés.
Such papers can be commercial offers, letters, acts, specifications, etc.
- Check your counterparty's signature credentials, especially if this is your first experience of written cooperation.
- Check not only the identity of the signatory and the authenticity of the authorizing document, but also its validity period.
- If a document consists of several pages, then each sheet should be signed, and not just the end of the document. You can flash the document and sign each place of the firmware.
- The constituent documents must provide for the procedure for notifying partners about the transfer of signing authority by management to other persons.
Historical moments
Many people like this paste color, so they use it in their daily routine. Most of them believe that this color gives some status to their signature; it looks respectable. Organizational leaders often sign their signatures in this color. And psychologists have proven that on a subconscious level, the color black creates the illusion of reliability and stability of a given document. Therefore, many people who hold high positions in companies use this color of ink to subconsciously influence the person receiving these documents.
It is possible that these subconscious impressions in the older generation come from school. Since then teachers used mainly black paste. However, students were only allowed to use blue ink. Thus, from childhood they understood that blue color is used by ordinary people, and black ink can be afforded by status people who have a certain weight in society, in a certain company, etc.
But now the younger generation does not have such associations, because in most schools they can afford to write in black or blue ink. Lilac shades of handles are also often found.
Signature by proxy
A power of attorney is a written document that delegates certain powers. In our case, this is the transfer of the right to sign. Such a power of attorney for the right to sign can only be issued by a person who has this right unconditionally according to the constituent data, that is, most often, a representative of the management.
The format of the power of attorney and the format of the document being signed must match. For example, if a transaction that requires notarization is signed under a power of attorney, then the power of attorney must also be notarized.
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.
NOTE! If a power of attorney is issued on behalf of a legal entity, then it must be issued by the director or another person specified in the constituent documents.
How is the “signature” requisite completed?
It would seem that what could be simpler - to put your signature? Meanwhile, this is as serious a requisite as the name of the organization and its banking attributes. Therefore, the correctness of its execution must coincide with the requirements for office work.
Signature elements
The signature as a prop consists of three parts.
- The title of the position must be indicated in full in accordance with the staffing table. If the signature is not on official letterhead, then the name of the organization must be added to the title of the position. It is written with a capital letter. This element is located on the left edge of the document.
- A personal signature is what is commonly called a painting. There are no special requirements for it: it can be either a stroke or a surname with one or more initials. According to unspoken rules, at least one letter from the first name and three from the surname must be clear from the stroke.
- Deciphering the signature – initials and surname. It must completely match the passport data, down to the dots in the letter e, if they are present on the identity card. Placed at the level of the last line of the signature.
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The signature is inseparable from the text of the document. If the text ends at the bottom of the page, then the signature cannot be transferred to a separate sheet if there is no other text on the sheet besides it. It is customary to move at least the last paragraph, but do not forget about the correct page numbering.
If several signatures are provided, then they are located one below the other in descending order of the nomenclature importance of the positions.
FOR YOUR INFORMATION! If members of the commission sign, then it is necessary to indicate not their actual positions, but their role in the commission (“Chairman”, “Member of the commission”). But they need to be arranged in order of subordination.
IOF or Full Name?
The order of placement of initials - before or after the surname - is determined by Decree of the State Standard of the Russian Federation dated 03.03.2003 N 65-st and the Unified System of Organizational and Administrative Documentation “Requirements for the preparation of documents. GOST R 6.30-2003".
According to these regulations, initials are placed after the surname in the following cases:
- when addressing a document to an individual (for example, A.P. Koroleva);
- when declaring or imposing a resolution when specifying the executor (for example, “The order is entrusted to I.I. Romanov”).
If the signature is a requisite, then the initials are placed before the surname. There is a dot after the initials; they are not separated from the surname by a space.
Stamp on signature
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The use of a seal is not mandatory for some forms of business activity, for example, for individual entrepreneurs. But for most documents, the presence of a seal will certify their authenticity. Its use is subject to mandatory requirements that must be observed.
- A seal cannot be placed before a signature, especially on a blank sheet of paper.
- If the document is drawn up on a special form, then the seal is placed in the place provided for this purpose, imprinted with the letters M.P. (“place of printing”).
- In other cases, the seal is placed next to the signature; it is allowed (but not required) to overlap part of the personal signature with the edge of the seal. The stroke cannot be completely covered up, since its authenticity must be verifiable.
The employee's position does not change
So, how to properly formalize the signature of an interim official? It's simple. Due to the fact that the employee is entrusted with the duties of a director, his position indicated in the staffing table does not change. Therefore, when concluding contracts, the replacement director employee indicates his position. There is no need to indicate any “I.O”, “Acting”, or “Acting” when signing the contract.
For greater clarity, we offer an example of how to sign an acting official.
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