The procedure for dismissing the director of an LLC is somewhat more complicated than the termination of employment with ordinary employees. This is due to the fact that, according to Art. 31 of the Federal Law No. 14, he acts as the sole executive body at the enterprise. Let us further consider how the dismissal of the general director of an LLC is carried out. 
Reasons and reasons
Dismissal of the general director of an LLC may be carried out in cases provided for in the Labor Code. The Labor Code establishes the following grounds for performing this procedure:
1. General. These grounds are given in Art. 83, 81, 77 TK. These include, in particular:
- expiration of the contract;
- termination of the contract at the initiative of the employer or employee;
- transferring an employee with his consent or at his request to another employer, and so on.
2. Special. These grounds on which the dismissal of the director of the LLC (founder) is carried out are given in Art. 81, in clauses 10, 9 and 4 of part 1. Among them:
- change of ownership of the company;
- adoption of a decision by the head, who has no justification and entailed the unlawful use of property or violation of its safety;
- non-performance of duties and others.
3. Additional. These grounds are indicated in Art. 278 TC. In accordance with them, the director may be dismissed upon liquidation of the LLC. In practice, dismissal usually occurs in three cases. So, there is a dismissal of the director of the LLC at his own request when changing the owner or in case of unlawful actions of the head. 
Procedure outline
The dismissal of the director of an LLC of their own free will or for other reasons is carried out in several stages. It should be noted that the list to be presented is not considered mandatory and exhaustive. In certain situations, there is no need to perform any action. For example, an application for the dismissal of an LLC director is not submitted in all cases. However, in all situations, a general meeting of company participants should be held. It makes a decision during the voting. It is recorded in the minutes of the meeting. It should be noted that a decision approving the dismissal of the director of an LLC of his own free will, for example, should not always be taken simultaneously with the appointment of a new candidate.
Based on the results of the voting, the employment relationship with the manager is terminated. After the meeting is published dismissal order Director of LLC. The document is drawn up in the prescribed form T-8. The corresponding entry is entered in the workbook of the former leader. In this case, the details of the protocol drawn up at the general meeting must be indicated. The record, as well as the order for the dismissal of the director of the LLC, is certified by an authorized person of the company and the seal of the company. If there is no new manager at the time of the procedure, the chief accountant may act as the indicated employee. He may be an authorized person, since he has the right to sign personnel documents based on the relevant order. 
Tax Service Notice
Regardless of the grounds on which the dismissal of the director of an LLC is carried out (at his own request, in connection with a change of ownership, etc.), the enterprise is obliged to notify the relevant authorities of this within three days. This requirement is contained in Art. 5, paragraph 5 of the Federal Law No. 129.An application for adjustments to the Unified Register of Legal Entities is sent to the tax service. It is filled in according to form N P14001. Signatures on the application are certified by a notary.
Important point
It should be noted that specialists of the tax authority require that the application be submitted precisely by the previous director. This is due to the fact that the new leader does not have the authority to sign the document before the data is entered into the Unified State Register of Legal Entities. In this regard, the resigning director must visit the authorized body himself, having previously certified the statement with a notary.
The release of the leader - the sole participant
The dismissal of the founder is carried out according to a simpler scheme. The manager is entitled to relieve himself of his duties at any time. This is due to the fact that according to Art. 273 of the Labor Code, directors-owners of the companies they head are not covered by Art. 43 on the regulation of labor of the head of the enterprise. In this case, the dismissal of the head is carried out in accordance with his own decision. 
Features of the procedure
Exemption from the duties of the sole participant will be carried out:
- By personal desire. In this case, the corresponding record in the general order is put in the workbook. In this case, a reference to the personnel order is indicated.
- By decision of the participant. In such a situation, the book should contain a slightly different record. It will indicate that the employment relationship has been terminated on the basis of a decision adopted by the authorized body of the company in accordance with Art. 278, p. 2 of the TC. It also refers to the underlying document.
Own wish
In accordance with the rules established in the legislation on his decision to vacate the position, the manager must notify the owner of the company at least one month before the expected date. If he is on vacation or on sick leave, dismissal can be made without practicing. The manager can notify the owner by sending out a notice on the convocation of an extraordinary meeting.
The notification is sent by registered letters. It indicates the place, time and date of the meeting, sets out issues for discussion. Letters of resignation are also enclosed in the letters. Notifications should be sent to the residential addresses of participants, which are indicated in the register and in the extract from the register (if they differ). Further, the procedure is carried out in the manner described above. 
Responsibility of the director of the LLC after dismissal
It can be different and be established depending on the grounds on which the head vacates the position. So, liability takes place in cases:
- Damage or loss of property.
- If the enterprise missed a profit or incurred expenses and so on.
To recover damages, any founder of an LLC may file a claim. The size of the material payment imputed to the head has no restrictions. He answers with all the property he has, except for the living space on which he lives, personal items (clothes, shoes and other things). The law also provides for the criminal liability of the director in the event that his illegal actions are proved by documents. In particular, in Art. 165 The Criminal Code provides for punishment for causing property damage through breach of trust or deception.
Possible problems in the process of dismissal of the head
If within a month from the date of notification a new director was not found, the former head may convene the meeting again. The agenda of the meeting will consider the transfer of cases. At the meeting, participants may elect an authorized person. It takes all the affairs of the head and signs the corresponding act with him. If the warning period has expired, the participants in the LLC have been notified in the prescribed manner, and the appropriate decision has not yet been made, the director is entitled under art. 80 TC to terminate their duties.He can also make an appropriate entry in the workbook on the basis of paragraph 45 of the Rules for maintaining such documentation. If the transfer of cases that were conducted by the former leader to the new director for some reason is not possible, depending on the specific circumstances, the retiring boss may:
- Hand over the documents for storage to a notary on behalf of the company.
- Transfer papers on a contractual basis to an archival organization, while providing for their transfer to the company upon request.
- Leave the documentation with you.
Estimated payouts
In the event of a forced dismissal, except for situations in which gross violations were revealed during the director's performance of his duties, the severance pay is assigned to the manager. It amounts to three times the average salary per month. This compensation may be paid:
- On the last day of work in full, along with other charges due to the head (for example, directly to the salary itself).
- Partially - a certain amount before, and the rest - after dismissal. Such an opportunity should be provided for in the company's documentation.
Finally
The CEO at LLC acts as a key player. The release of his post in any case leads to the need to make changes to various documents of the company. Incorrect paperwork when the director is dismissed can lead to negative consequences for the company. In practice, there are cases of reinstatement of a leader in a position by a court decision. In order to avoid a variety of difficulties, the procedure should be carried out in accordance with the requirements established by law. In particular, this concerns the procedure for notifying the founders, convening a meeting, making and subsequently filling out a decision.
