The work of the Managing Director obliges to monitor and control the conduct of planned and unplanned technical work, as well as control the equipment at home. A person who has a specialized economic or engineering education is accepted for this position. This is due to the fact that, first of all, he will deal with the management of the company's assets and utility equipment.
Management company: basic concepts
The owners of the premises of apartment buildings must choose the form of property management, which is enshrined in legislation in the Housing Code of the Russian Federation, clause 2, article 1.
The following forms exist:
- HOA (partnership of homeowners). In this case, by voting, residents select a chairman who draws up contracts with service and resource supply organizations and controls all the moments (economic, legal, economic, etc.) associated with the multi-story building and its territories.
- Direct control can only be if the number of apartments in the house does not exceed 30. In this case, the residents themselves are responsible for the maintenance of the house.
- A management company is one of the common forms of management. By voting, residents choose one of the specialized commercial organizations, which in the future is engaged in the management of the house. If tenants do not choose any of the forms of management on their own, then the municipality is obliged to hold an open competition for the choice of a management company.
The Criminal Code is responsible for a specific list of housing and utilities. This list may be of a minimum nature, which is enshrined in law, and may be expanded if it is prescribed in the terms of the contract.
The main responsibilities of the Criminal Code:
- proper maintenance of property at home;
- creating safe, comfortable conditions for owners to live;
- high-quality regulatory provision of housing, utilities;
- the formation of prices for housing and communal services and the search for solutions to reduce them.
Managing Director
This specialist should have experience working with real estate management or in the building maintenance service, department of commerce, and finance. The managing director must have a strategic vision, have knowledge of conducting financial transactions, and also be able to navigate the business, using the same approach to real estate management.
The director has the following priority tasks:
- Control over the management of company services: cleaning, maintenance and more.
- Conduct preparation and monitoring of the implementation of the budget of the Criminal Code.
- Taking part, if necessary, in the construction, design, with a view to the further operation of the building.
- Implementation of acceptance of facilities for further operation.
- Holding the necessary tenders in order to select the appropriate contracting and service organizations.
- Communication and interaction with the tenants of the premises, if necessary, the solution of existing conflict situations. He also monitors the timely payment of rent.
- The solution of personnel issues at facilities in the company.
As for wages, it depends directly on the number of serviced real estate and its condition.
Job description of the managing director
Leading positions play a large role in establishing the economic, economic and other relations of the company.The director of the management company is responsible for the timeliness and quality of the services provided.
In order to occupy a leadership position in the public service, it is necessary to meet and know the requirements and future responsibilities. The director of the management company conducts the organizational work of the communal service. His responsibilities include establishing contacts with suppliers of gas, electricity, heating and other things. In addition, he coordinates the subordinates to perform work.
The instruction the director of the management company obliges to thoroughly understand the state of affairs of the organization: financial, technical, business, legal, etc. He must have all the information about the work of his employees. The duties of the director also include:
- coordination of costing and approval of tariffs, contract prices for services;
- approval of staffing;
- encouraging conscientious employees;
- punishment (fine, reprimand, punishment, dismissal) of employees who render their services poorly, with violations;
- control over the safety of property of the ward of an apartment building;
- enforcement of collective bargaining agreements;
- responsibility to residents and municipal authorities for the quality, timeliness of the services provided, etc.
The main working goal of the managing director is to ensure by all possible means and forces that are at his disposal and the authorities the quality and uninterrupted provision of economic services to residents.
Limitations of rights and liability
When signing an agreement with tenants, the managing director is responsible, first of all, for the quality of the company and the preservation of property. Based on this, his liability and restriction of rights follow:
- he is obliged to always act only in the interests of the company, and, accordingly, all residents in an apartment building;
- his duties also include maintaining confidentiality of information about the company, it is forbidden to use it for personal interests;
- the director of the management company bears full responsibility in cases of poor performance of their duties, functions;
- he is also financially responsible for the damage caused to the company, if it is caused by his actions;
- another important point - monitoring the actual condition of technical and other equipment of the house and infrastructure - this is important mainly in old houses, as for new buildings, then it will be sufficient to carry out preventive work;
- safety precautions;
- a person working in this position is engaged in the improvement (landscaping, organization of a playground, lawn care, yard, etc.) of the local area.
The director of housing and communal services is obliged to have a complete picture of the general condition of electric networks in a high-rise building. His duties include knowledge of the principles of functioning of highways (external, internal), as well as the rules for their use. If the residents of the house wanted to organize parking spaces for cars in the local area, then the director of the management company should conduct competent organization of the work that meets the technical standards. His area of responsibility also includes the organization of house lighting.
Company Director Rights
This employee has the right to approve instructions for his subordinates, sign an order for admission to the post and dismissal from it. The powers of the managing director include the compilation of the staff list, that is, he can hire the number of people that he needs to conduct his work. In his rights to encourage employees and make disciplinary action.
He has the right to revise the collective agreement with the residents of the house, to amend it, to conduct indexation of tariffs.The director is responsible not only for direct damage, but also indirect, for example, due to the disclosure of secret company information.
Wage level
The average income of a managing director in an LLC is 55,000 rubles. At the moment, the leading place in the salary of a specialist in this position is occupied by the Bryansk region (about 200,000 rubles). In the Moscow region, this specialist earns 110,000 rubles a month.
The deputy directors of this position earn about 40,000 rubles on average. The leader is the Sverdlovsk region, where the person holding this post has an income of about 65,000 rubles a month.
Reasons for changing the management company to CEO
This procedure will not be typical of commercial and legal practice. This is due to the fact that when the management company is at the helm, there are a number of certain advantages for the organization:
- firstly, the tax burden on profits is reduced;
- secondly, the financial burden is reduced, since wage payments and various types of insurance contributions are reduced;
- thirdly, a single administrative governing body is created simultaneously for several organizations, which is convenient in cases where several enterprises have one owner.
There are many advantages, but despite this, there are situations when changing the management company to a CEO is warranted. The first most common reason is the process of reorganizing or selling an LLC. In this case, management should pass into the hands of the new owner. The second reason is the presence of claims from the tax authorities. It so happened that the Tax Service in Russia does not favor the Criminal Code and often, even when the General Director is changed to the Criminal Code, refuses to carry out such a procedure.
The Federal Tax Service quite often raises a number of claims against the LLC during this procedure:
- Together with the management company, the LLC remained as before its own control apparatus. This sometimes makes sense, but the Federal Tax Service in this case will ask a number of questions.
- Inappropriate, erroneous documentation. Mostly errors occur in acts on the provision of various kinds of services.
In itself, changing the Criminal Code to the CEO is a simple procedure. But still, it is important to know that it is better to avoid the excessive attention of regulatory authorities.
The process of changing the management company to CEO
The whole process can be figuratively divided into 3 stages.
- Checking the activities of the Criminal Code. In case of changing the management company to the general director, during the completion of the LLC sales process, or if the management company does not constitute the usual formality, then all the documentation and activities of the company must be carefully checked. It should be understood that the criminal and administrative liability will subsequently fall on the general director of the management company.
- The process of holding a meeting of founders. When the audit is over, a meeting of the founders should be held to witness the decision to change the management company to the general director.
- The result of the decision is made out in two copies, one of which is kept by a notary public.
The process of registering a change of management company to CEO
This process is standard. It is necessary to draw up a statement of a certain form (P14001). Then it is submitted to the tax service. The process of changing the Criminal Code to the CEO is quite simple, because regulatory authorities usually do not interfere in this matter. But, nevertheless, there are many pitfalls, so it is better to entrust this procedure to a good lawyer. Competent specialists will carry out this procedure within 7-10 business days.
The General Director manages absolutely all types of activities of the enterprise, and is also responsible for the accomplished consequences of his decisions, preservation of the property of the enterprise and for the quality of the results of work in general. This work, of course, is very responsible and requires professional training and knowledge in this area.
General Director Responsibilities
The following functions are assigned to this employee:
- Conducting the financial activities of the organization, as well as the implementation of the tasks assigned to its subordinates, effective interaction of the team.
- Compliance with the legislation in the activities of the organization, the implementation of all legal requirements in its functioning, within the framework of the law of the Russian Federation.
- The general director of the managing organization shall contribute to the fulfillment of all obligations to the regional, federal and, accordingly, local budgets, as well as to state extrabudgetary social funds, creditors and customers.
- Implementation and development of developments that are aimed at improving the quality of work and the rational, competent use of resources.
- The decision of questions concerning economic, financial activity of the company.
- Implementation Control:
- job descriptions by employees, requirements of the legislative level and internal norms and rules of the company;
- adoption of measures aimed at eliminating violations and shortcomings in the organization’s work.
Conclusion
The position of the managing director general is considered administrative. In his powers to hire employees and enter into contracts. He is responsible for the technical condition of home ownership and bears personal liability of a material nature for the damage caused to the company and residents.
Currently, residents of apartment buildings, having the opportunity to independently choose the form of management that will take care of the condition of the house, stop at the management company. This is logical, because such a complex business should be carried out by professionals in this field, headed by an experienced and competent managing director of the enterprise.