Where does the activity of any organization begin? Of course, from her registration. But this is not all: the organization must have a leader and an official representative in one person. It is with his appointment that the business of the company begins. How to grant him authority?
Who has the right to appoint a CEO?
Regardless of the form of ownership, the right to appoint the head of the organization has its owner. If the enterprise is private, the owner is the founder or founders. The state enterprise is represented by the state, represented by the state body, and the communal - by the territorial community represented by the local council.
Depending on his status, the owner decides on the appointment of the Director General in the prescribed manner: state and municipal institutions make a decision and conclude a contract with the manager, as required by law. Private firms draw up a protocol of the founders, and if there is only one founder, then the decision to appoint a director general is made in writing.
Thus, the appointment of a leader is carried out on the basis of these decisions, which subsequently, in turn, become the basis for issuing an order on the appointment of a leader. Is there duplication or duplication here? Not at all: an order is a document on assuming the post of a first person, because the legitimacy of his powers and the date of their granting are extremely important for the economic activity of the enterprise.
In what cases is an order for the appointment of a director general issued?
The order form is not approved by law and is compiled independently in free form. The order of appointment may be issued by the owner in two cases:
- At the beginning of the economic activity of the newly established enterprise. In this case, the director is appointed for the first time.
- When changing leadership, when the previous contract expired or the former manager quit for some reason.
In the second case, the owner must submit to the registration authorities a notice on the change of manager in the prescribed form.
The general director of a limited liability company, for example, may be an employee or one of the founders. The order for the appointment of the Director General of the LLC is issued on the basis of the minutes of the meeting of the founders.
It may be that the sole founder of the LLC appoints himself as a director: the basis in this case will be his decision and the corresponding order.
Mandatory requisites of the order
The law does not provide a unified form of the order, therefore its content will depend on how the owner understands the status of the director and what powers he is granted.
When ordering, the following required details are required:
- full name of the organization;
- registration number and date of issue of the order;
- the term of entry into force of the order (it may coincide with the date of publication);
- the contents of the order (usually 2-3 points);
- basis of the order;
- owner's signature;
- mark on familiarization with the order of the appointed leader.
Such a document is stored in the organization indefinitely, as it is the basis of all subsequent powers of the first person. Together with the order, the documents that served as the basis for it must be stored: the contract, protocol, decision, application and others.
Order for the appointment of the General Director: sample
LLC "Title"
No. date
Order on the appointment of the General Director of LLC "Title"
In connection with the start of economic activity of LLC “Title”, registered in the established manner (date), and on the basis of protocol No. dated (date) of the meeting of founders on the appointment of the name of the Director General to begin their duties.
Since the entry into force of the order the powers of the Director General are provided for, provided for by the Charter of Title LLC, and all guarantees are provided in accordance with labor legislation.
The order comes into force from the moment of its registration in LLC "Title".
Ground of decision: Minutes No. dated (date) of the meeting of the founders of LLC “Name”, statement of full name on accepting him to the post of CEO.
Founders of LLC "Title":
(signature) Full name;
(signature) Full name;
(signature)
Familiarized with the order: (signature) (date)
