The General Director is the main actor, representing the sole executive body of the enterprise. He acts in the interests of a legal entity, and his powers are prescribed by the statutory documents. Information about the subject holding this post is entered in the register.
When concluding transactions, counterparties must verify the authority of the manager. And if there is a change of employee, then it is necessary to notify the regulatory authorities and partners about this. And it does not matter for what reason the change takes place: the dismissal of the Director General at his own request or at the initiative of the owners of the legal entity, in connection with death or other circumstances.
Often there is a situation of the so-called diarchy, when one director has not yet been dismissed, and the other has already taken up his duties. The owners of the enterprise should not have dual power, in no case should there be two directors at the same time.
There is no single sample of an information letter on the change of CEO. Each enterprise can compose it in any form. Below you can find examples.
How to
Changing the director is a crucial step for any organization, so you should follow the step-by-step instructions to avoid mistakes.
Meeting of owners and decision making
The head of a legal entity is a key figure in any organization, therefore, for its change, all shareholders will have to be convened.
The decision to change the general director should be formalized in a protocol, which may contain only three issues:
- Exemption from the duties of the current director.
- Appointment of a new person to this position.
- Approval of the new director.
We present to your attention an example of this document:
Decision
Sole Proprietor LLC
Date and place of compilation
Sole participant of the LLC ... Name, passport and registration data, -
I decided:
- To dismiss from his post ... position ... Name, passport information, on the basis of his application from ... date ... - from ... date.
- Assign new ... position ... Name, passport details, from ... date.
- The responsibility for making the changes is to be assigned to the legal adviser, full name, passport data.
LLC participant ... Name ... Signature.
Personnel accounting
Now it is possible to dismiss the general director of his own free will or other reasons specified in the personnel documentation and, accordingly, accept a new person for this position. In the order, not only the statement, but also the minutes of the meeting will act as the basis for dismissal.
Notary
Next, you should contact a notary public, fill out an application in the form P14001, which he will also certify. As a rule, for carrying out notarial actions, it will be required to submit the registration documents of the legal entity and the protocol on the decision made. Sometimes, if necessary, a notary may additionally request an extract from the tax service and the USRLE.
Changes to the register
Tax authorities must be notified of a change of leadership no later than 3 days from the date of the meeting. It is not recommended to violate the time period stipulated by the legislation, since administrative sanctions are provided for this in the form of a fine of 5 thousand rubles.
You should also submit an information letter to the regional branch of the Federal Tax Service on the change of the general director on the model of P14001, notarized.
Normative acts do not provide for the provision of other documents, but, as practice shows, copies of the decision of the founders and orders for dismissal and admission may be needed.
As a result, the company representative will be issued a new extract from the register.
The amendment procedure lasts no more than 5 days.
Bank Notice
Now that all the formalities are settled, it is necessary to inform the bank in which the company is serviced about the changes that have taken place. There is no single sample of the information letter about the change of the general director; it can be drawn up in any form. It is necessary to submit documents confirming the legitimacy of the changes, that is, the protocol, orders, a new extract from the registry and a copy of the passport of the new leader. For enterprises that are connected to Internet banking, you will need to go through the process of generating a new key.
Information letter on the change of CEO, an example for the bank:
To the head of the design bureau ...
According to the agreement from ... date ...
We hereby inform you that ... date ... for the position ... date ... is appointed ... Name ...
Applications:
- Protocol ...
- Orders ...
- Extract from the registry.
- Copy of the passport ...
The head of the enterprise ... signature ... Full name.
Counterparty Notification
Now you can compose and send letters about the change of CEO to counterparties. At the legislative level, there are no specific deadlines for notifying partners. Also, there is no single sample of an information letter on the change of CEO. However, it is recommended to look at the contracts, perhaps there are any reservations.
As a rule, it is not required to attach all the documents accompanying the procedure for changing the director; an extract from the register is sufficient.
CEO Change Letter: Partner Notification Template
Ref No. ... date ...
Director of LLC ...
By contract number ... from ...
On the basis of the protocol of the founders from ... date ... to the performance of duties ... position ... LLC ... from ... date ... started ... Full name.
Applications:
- A copy of the extract from the register.
CEO .. date .. name.
It should be noted that a legal entity has an obligation to notify only tax authorities and banking institutions about the changes that have occurred, in other cases this is done at the discretion of management. However, as practice shows, in order to avoid misunderstandings with business partners, it is better to notify them.