How to write the charter of an LLC: what nuances and features should be taken into account. Charter of an enterprise or LLC - rules for registration

The charter can be developed individually for each specific organization, but at the same time it must include the mandatory information specified in article 12 of the Law "On LLC":

full and abbreviated company name of the company;
location of the company;
information on the composition and competence of the company's bodies;
the size of the authorized capital;
the rights and obligations of the members of the company;
the procedure and consequences of the participant's withdrawal from the company;
the procedure for the transfer of a share or part of a share in the authorized capital to another person;
the procedure for keeping the company's documents;
the procedure for the provision of information by the company.

When preparing a package of documents for registering an organization using our service, you will receive a ready-made LLC charter containing the individual information you entered. You can adjust the resulting version of the charter of a limited liability company at your discretion, but consider the need to contain mandatory information in it.

Typical Articles of Association 2018

The concept of "Standard charter of an LLC" was introduced by Article 52 of the Civil Code of the Russian Federation in September 2014, however, in practice, the possibility of registering an organization on the basis of a standard charter has not yet been implemented. The Model Articles of Association will not be submitted either in paper or electronic form when registering an organization. When accepting documents, the registering authority will simply note that the legal entity acts on the basis of a standard charter, samples of which are developed by the Federal Tax Service of Russia. Information about this will be indicated in the Unified State Register of Legal Entities.

They are not mandatory, so the option to develop customized statutes in paper form remains. Already created organizations have the right to freely switch from a standard charter to an individual one and vice versa.

Issues requiring consideration when preparing the charter of an LLC

In addition to the mandatory information about the organization specified above, the founders can consider a number of other issues in the charter:

1.The term for which the organization is created... By default, an LLC is created for an unlimited period of time, but the charter may provide for the exact duration of the existence of the company.

2.Change of the authorized capital of the LLC. According to the rule of Article 38 of the Federal Law "On LLC", a change in the authorized capital is adopted by a majority - at least 2/3 of the votes of the company's participants. However, the law gives the participants the opportunity to establish in the charter the rule that the decision to change the Criminal Code must be taken unanimously.

3.Alienation of a share or part of it by an LLC participant to another. Article 21 of the Law "On LLC" allows participants to freely alienate (sell or donate) their shares to other participants. At the same time, the charter of an LLC may provide for the need to obtain consent for the relevant transaction from other participants and the LLC itself.

4.Alienation of the share of the participant or the share of the LLC itself to a third party. The law makes it possible to establish in the charter a prohibition on the alienation of a participant's share or a share belonging to an LLC to third parties.

5.Transfer of the participant's share to his successors or heirs. According to the general rule of Article 21 of the Federal Law "On LLC", the shares of the participants are transferred to their successors or heirs, but such a right may be prohibited if the participants introduce an appropriate provision into the charter of the LLC.

6.Pledge of the shares of the LLC to a third party. The transfer of a share as a pledge to a third party is possible only with the consent of the general meeting of participants, but the charter may also provide for a complete prohibition on pledge.

7.The pre-emptive right of the company to acquire the share of a participant. The charter may include a provision on the company's preemptive right to acquire a share when it is sold by a participant to a third party.

8.Exit of the participant from the LLC. Please note that the law allows a participant to leave the LLC only if such a possibility is established by the charter. If you want to allow the withdrawal of a participant so that his share is transferred to the LLC (with compensation for its value), then include such a clause in the charter.

9.Making decisions at the general meeting of participants. On certain particularly important issues, participants can indicate in the charter the number of votes required to make a decision on such issues, but not less than 2/3 of the total number of votes. Contributions towards the payment of the authorized capital.

10.Prohibition on contributions towards the payment of the authorized capital of some property. The charter may stipulate that certain types of property or property rights cannot be taken into account as payment for the authorized capital.

Compliance with all of the above rules will help you avoid annoying mistakes when creating the charter of an LLC, but often regional tax authorities may impose specific requirements that are not explicitly specified in the legislation, therefore, the service is now available especially for our users free verification of documents for business registration by 1C specialists.

The charter is the constitution of the organization, according to which it will function in the official space of the state. This document is mandatory for all legal entities in Russia.

Although many LLCs perfectly exist, having submitted a template charter to the tax office (IFTS), no one can guarantee that a particular company will avoid the difficulties that the founders were too lazy to envisage in their "constitution".

What is the charter for

Formally, the charter is necessary in order to register an LLC with the tax office and act legally... If it is not in the package of documents or there are no mandatory information in it, the Federal Tax Service Inspectorate will not accept the application for registration.

The fundamental points that are required to be specified in the charter should be found in the Federal Law "On Limited Liability Companies" - this is the most reliable source.

Valid clauses of the articles of association required for registration of LLC are listed below. Informally, the charter is important personally for the founders of the LLC:

It defines the rights and obligations of the participants, i.e. what each of them can and should do in relation to society. The law makes it possible to exclude in court the owners of the company who are evading their duties or interfering with their activities. In addition, the charter may prescribe additional rights for individual participants, which can reduce the possibilities of other owners of the society and which cannot be canceled without the written consent of the participant with preferences.
It regulates the procedure for withdrawing from the membership of an LLC, transfer (donation, inheritance, sale) of shares to third parties, distribution of profits. This directly affects the material interests of the founders of the company, for the sake of which, in fact, the company is created. Incorrectly drafted sections of the charter regulating the transfer of shares can be used by raiders and unscrupulous founders.
It describes the management of the enterprise: governing bodies, questions of their competence and the procedure for work. We are talking about the participants of the LLC (body - general meeting) and the main head of the company (general director). Separate organizational and legal documents, such as regulations or job descriptions for these governing bodies are not issued; everything is spelled out in the charter of the LLC.

Who draws up the charter and when does it take effect

The charter of an LLC can be developed by the founders themselves. If the founder is the same as the general director, then a free Internet template is quite enough, since in this situation the main task of the charter is the registration of an LLC.

If another person is the director, then the founder should pay special attention to the section "Management bodies" and make sure that the general does not have the opportunity to become the owner of the company (to receive a share in the authorized capital). Then, in any case, the last word will be with the founder.

If there are several founders, then controversial situations are possible in the course of the existence of the society. Of course, an LLC is usually created by people who know each other well, proven in life before a joint business. However, this situation can change over time. It is worth contacting a lawyer if the contributions of the participants are unequal, one of them wants to manage the company, someone is nominally involved (for example, a wife), etc. Then the main initiator of the business will have at least some guarantees of getting what he expects.

The charter of an LLC is drawn up after all participants have agreed on the fundamental points that are written in it, but before the creation of all other documents.

Then you will need to make a decision on the establishment of the society. For several founders, it is adopted at a general meeting, about which a protocol is drawn up. You will also need to sign a memorandum of association, create a list of participants, fill out an application for registration and certify it with a notary, pay a state fee.

The charter is considered valid from the moment of registration of the LLC. as a legal entity in the tax office. The applicant for submitting the charter to the IFTS is chosen at the general meeting of founders from among the participants in the company. He must certify the application with a notary. This participant or anyone else by power of attorney can also submit documents to the tax office. In the first case, it will be possible to get your hands on the registered charter of an LLC in 5 days, in the second - it will be sent to the address of the enterprise.

What you need to be sure to register in it

So, you must definitely include:

Name of company... There may be several names: complete in Russian, abbreviated in Russian, complete in the languages of the peoples of the Russian Federation or foreign, abbreviated in the same languages. Only the full name in Russian is mandatory, even if in the future the designation in another language will be used more often (in this case, at least 2 names are indicated: non-Russian and the same in Russian transcription).
Legal address of the company... For the sole founder, this may be the address of his residence, in other cases, the participants must have a document confirming the right to use the premises (lease agreement or certificate of ownership).
Governing bodies... The charter of an LLC must indicate the general meeting of participants and the executive body (general or executive director):
- at the general meeting, the issues on which only it can make a decision are prescribed, and the number of votes from those who voted, at which the vote is considered valid (1/2, 2/3, 3/4, all). The procedure for calling a meeting and holding it is also determined;
- for the director, the tasks that he solves, his rights and obligations, procedures for appointment and dismissal are established.
Authorized capital... Now it is only required to indicate its size, without describing the shares of participants. The minimum size is still 10,000 rubles.
The rights and obligations of the participants... The LLC Law lists mandatory rights and obligations, you can simply rewrite them. Nevertheless, if one of the founders is also the CEO, it is worth working out this section to comply with the actual situation, so as not to infringe on anyone's rights and not to belittle anyone's merits.
Withdrawal from the membership and transfer of the share to third parties... In the charter of an LLC, it is imperative to specify the actions in these cases. This can be the liquidation of the company, a ban on the transfer of a share, etc. depending on the needs of the founders.
Storage of fundamental documents of LLC, in particular, the charter, and the publication of information that is mandatory for publication. Accordingly, in both cases it is necessary to indicate where this will take place.

There may be other sections in the charter of an LLC, for example, branches and representative offices. The names and shares of the participants should not be indicated in this document, so that if they change, it would not be necessary to re-register the company.

It is worth noting that the charter of an LLC is not signed by anyone and no seal is put - it is approved by the decision on the establishment of the company, which is written in the corresponding stamp. All pages, including the title page, are numbered (the number does not fit on the title page, but it is included in the general numbering) and hemmed. On the reverse side of the last sheet in the place of stitching, a piece of paper "Sewn and numbered __ sheets" is glued, which is signed by the applicant with a decryption of the signature.

How to amend the charter

The procedure is as follows:

Convene a general meeting, based on the results of which a protocol on amendments to the charter is formed, and issue a decision based on the minutes. For a single participant - just make a decision.
Modify the charter, print it out, number and flash it as described above for the charter of the new organization. On the reverse side of the sheet, where the number of sheets is indicated, the director signs and the company stamp.
Fill out an application on form 13001: the title page plus those pages that correspond to the changes being made - and certify it with the notary to which the director is going.
Pay the state fee and submit the documents to the tax office.
After receiving the charter registered with the Federal Tax Service Inspectorate, the changes will be considered effective.

Recent changes in legislation regarding statutes

The video examines the latest changes in the content of LLC charters and the procedure for bringing them into line:

Changes in 2019

One of the main innovations regarding the charter is the ability to use standard form which can vary from region to region. When using it, a flexible transition from this form to a free one, more convenient for organization, is possible. The main difference between the standard form and the individual one is that most of the changes will not be reflected in the charter, but will be recorded only in a single register. An important advantage is the ability to reduce the registration period to 3 days.

Since 2016, any LLC is a corporation. A whole host of other changes also come into effect:

The property contributed to the authorized capital must be analyzed by an independent appraiser for its real value.
Now the content of the charter may provide for the possibility of not one, but several persons to represent the interests of society.
The legislation does not require specifying the exact address - it is enough to write the locality.
All decisions of the meeting of participants must be approved by a notary (taking into account the list of those present).
The rights and obligations of the participants have expanded: on the one hand, they have the opportunity to appeal against decisions of governing bodies, demand compensation for losses and challenge transactions, and on the other, they must now participate in making decisions that are critical for the existence of an LLC and not take actions that could adversely affect on achieving the goals set for the company.
As for the collegial members of the management, they now have the opportunity to receive all information about the activities of the company (including accounting reports), as well as the right to challenge transactions and claim for damages.

Every entrepreneur who opened a legal entity knows that this process requires a lot of attention and effort. When registering an organization, the main emphasis is always on the list of documents, which is directly the basis for opening a registration file with a state body.

In order to avoid any problems when opening an organization, it is necessary to properly prepare the entire list of mandatory documents. One of the most important and at the same time complex components of such a list is the organization's charter. The absence of at least one mandatory clause in its content can easily become a reason for refusal to legally consolidate the status of the company.

Therefore, our today's article is intended for the rules and recommendations for drawing up a statutory document. What should be included in its content, and what is optional? What items can in no way be written into the charter? What are the recommendations for the content of such a document? We will tell you about all this further and even show with examples how the charter should look like.

Company charter

First of all, let's try to figure out what exactly is a document of this kind. The charter is a document of the constituent type, which is drawn up during the creation of any organization, regardless of the form of its formation. It regulates all issues related to the activities of the company. The charter prescribes all the principles of interaction between the organization and other firms, consolidates the activities that entrepreneurship is engaged in.

In addition, such a document describes the procedures for appointing officials, the principles of their dismissal or replacement, regulates the composition of the founders, their shares in the capital of the organization. Also, a lot of different information can be prescribed in the charter. It all depends on the wishes of the persons who draw up such a document.

The basic principle to the content of the statutory document is that its provisions in no way contradict the Law. That is, although the organization has the right to designate any moments of activity in the charter, it should be understood that not a single point can be illegal.

Charter - a document according to which all information about the organization is entered into the registers of state significance. It is in the charter that the organizational and legal form of the company, its founders and management positions are indicated. Therefore, many experts believe that writing the charter is the most important part of the preparatory work before registration.

Creation of a company charter

Since we have decided that the charter is one of the most important documents of the organization, it is necessary to outline the process of its preparation. Judging by practice, in most cases, organizations use a ready-made template that has passed the registration process, while changing the name, names and, if necessary, types of activities.

There are two ways to find ready-made statutes. First, if you have acquaintances who registered the organization earlier, then you can ask to use their statutory document. The second is to find ready-made options on the Internet. Our site invites you to familiarize yourself with the sample charters for different organizational and legal forms in the next section of this article.

In addition, if the above recommendations do not suit you, then you can always turn to special companies that write charters for each individual organization. Today, there are a huge number of companies on the service market that are engaged in the registration process. In most cases, we are talking about the representation of the organization's interests in government agencies by a third party. But, besides this, such companies for a separate fee can draw up all the documents necessary for the process of legal consolidation. As a rule, they have templates for each form of doing business and simply fill them out in accordance with the information provided by the customer, taking into account all their wishes.

Sample company charter

As mentioned in the previous section of the article, we suggest that you familiarize yourself with sample statutes for different legal organizational forms:

for a limited liability organization (sample);

for an open joint stock company (sample);

for a closed joint stock company (sample);

for an organization with foreign investment (sample);

for a non-profit organization (sample).

These are the most popular forms of business organization. Having such samples, you can easily navigate what structure the charter has, what information is described in such documents and in what sequence. Samples can be used exclusively as a template, or simply replace existing information with your own data, while leaving the general order and content.

In addition, quite a few questions arise about the creation of an organization by a single founder. First of all, it should be noted that such a process is quite possible. The main difference is that the entire capital of the company belongs to the sole founder, who can be either an individual or a legal entity. In principle, the scheme for drawing up the charter of such an organization is no different from the general procedure, the only peculiarity will be that the basis for creating the charter will not be the minutes of the meeting of founders, but the Decision of a single person. You can view a sample charter with a single founder here (sample):

The organization, which has two founders, has the same procedure for drawing up the charter. A charter with two founders has the following pattern:

Like any other document, the charter has a certain content. The requirements for the charter are quite strict and have a special order of execution. First of all, every page, except for the title person, must be numbered. The first sheet necessarily contains a header, which indicates the name of the founders' decision to create an organization and the date of its adoption. In the middle indicate the name of the document, namely "charter", organizational and legal form (for example, a limited liability organization) and the name of the company. At the bottom, the city and the date of the preparation and signing of the document are recorded.

General provisions - the name of the company with a Russian and, if desired, an abbreviated and foreign version. In addition, such a section must necessarily indicate the address of the location of the organization and the general purpose of creating the company - commercial profit or social activities.
The legal status of the organization. This section contains information about the legal possibilities of the organization. In most cases, such provisions copy the provisions of the Law, which specifies the rights and obligations of the company, depending on the form of activity.
Legal aspects of the founding activity. First of all, in this section it is necessary to indicate the personal information of each founder - names, passport data. In addition, the boundaries of the rights and obligations of such persons are established. The most important thing is to indicate the part of each founder in the capital. In addition, it is in this section that it is necessary to determine the procedure for transferring your part to other persons.
Founding meetings. The principles of drawing up agendas for consideration, the procedure for meetings of founders, the competence of each member of the fees are described. In addition, it is necessary to prescribe the procedure for notifying the founders of the meeting, namely: the period for which it is necessary to send such a message and the frequency of the meetings.
The executive unit of the organization. In most cases, the position of the general director is introduced. This section prescribes the rights and obligations of such a person, the process of his appointment to such a position, the term for which he is elected and the process of dismissal or renewal of the position. It is also possible to introduce, if necessary, the position of an accountant and consolidate the basic rights and obligations of such an official.
Organization finances. This section contains the financial plans of the company, which are manifested in quarterly, annual forecasts. In addition, the resources owned by the organization, the procedure and principles for the distribution of the financial results of the firm's activities among the founders of the company are prescribed.
Auditor. The section is intended to indicate the need to introduce the position of an auditor, its procedure and frequency of appointment of inspections, rights and obligations.
Document flow. It is indicated exactly where and how all documents related to the organization are stored - minutes of meetings, charter, etc. In most cases, the storage of the above documents is carried out at the address of the location of the company.
Liquidation and reorganization procedure. We indicate the reasons for such processes and the procedure for their implementation. It is possible both to duplicate legislation and to prescribe your own order. The main thing is that he does not contradict the norms of the Law in any way.

This is the most common procedure for presenting information in the charter. But, you can swap partitions, there is nothing wrong with that. The main thing is that all the necessary information is in such a document. If you need to add any more data, then you can easily create separate sections or register them in the "Other provisions".

Registration of the company charter

Quite often the question arises of how to register the charter. It is important to remember that such a procedure takes place simultaneously with the legal registration of the organization's activities in the tax authority. For this, the charter, along with the rest of the mandatory documents (minutes of the meeting, receipt of payment of taxation, etc.) are submitted to the tax office at the address of the organization's location.

It is important to note that two articles of association are required. Not two copies, but two originals of the document. That is, when creating it, it is necessary to ensure that the organization has at least two copies of the statutory document. Both are filed with the tax office. After the inspector checks the availability of all documents, he accepts them for registration. After five working days, together with the certificates of registration of the enterprise, the organization is provided with two previously submitted copies of the charter in a certified version.

There is no other registration process for the statutory document. The signatures of all founders and a special mark of the tax service will be sufficient for the document to have legal value.

Changes to the company's charter

Quite often, there are situations when it is necessary to change certain points of the organization's activities. In addition to the fact that the real work of the company is changing, such actions need to be properly consolidated. First of all, there is a need to amend the organization's charter.

Do not confuse the introduction of amendments to the statutory document and the correction of the error that was made during the registration of the enterprise in the state register. The main difference is the forms for filling out and filing with the tax authority.

In order to enter new information or remove old information from the charter, it is necessary to submit a special application to the tax authority at the place of registration of the organization. The legislation provides for a special model for the P13001 code. You can find the form of such an application directly by the tax office itself, or using an electronic service. In addition, we suggest downloading this document here (sample):

The state provides not only a specific form for filling out, but also a special procedure for entering information into such a document. We offer you to familiarize yourself with it in this document (sample):

In order to clearly demonstrate the very principle of changes, let us familiarize ourselves with a sample of changes to the charter of an OJSC.

The very drafting of a change statement consists of filling out certain pages depending on the information that needs to be changed. Recommendations for the technical process are exactly the same as when drawing up a registration document: we write with a black pen, do not go beyond the boundaries intended for entering information, we write in printed type and in capital letters. In order for the document to have legal force, it must be notarized. In addition, if such a statement is provided by an authorized person, then the document confirming such powers must also be certified by a notary.

The procedure for making changes is paid and today it is 800 rubles. You must pay this amount according to the details of the tax office where the registration was carried out. The development of technology makes it possible to pay such a fee not only in a bank branch, but also using an electronic payment system. Therefore, attaching a receipt to the application is not necessary only if the payment was made on the Internet. But, you should immediately warn the tax inspector about this in order to avoid refusal to change. An employee of the tax service will independently check the payment using electronic services.

A limited liability company is a commercial non-public organization. The authorized capital of the LLC is divided between the participants into shares. Such a company can be created either by one founder or by several - up to 50 individuals or legal entities are allowed to participate in the company.

If you want to create your own company, and at the same time do not want to involve partners in it, then keep in mind that the only member of an LLC cannot be another organization, also consisting of one member.

The procedure for creating a company consisting of one participant is slightly different from the registration of a commercial company by several persons. In this case, the decision on opening is made by one person, and the agreement on establishment is not concluded. But as far as the charter is concerned, it is also obligatory in cases of registration of a company by a sole founder.

What is the charter

The activities and management of a limited liability company must be subject to a special law "On LLC" No. 14-FZ dated February 8, 1998. And in accordance with this law, any LLC acts on the basis of the charter - the only constituent document of the company.

The charter is a document that describes the goals of the company, the principles of its activities, specifies the procedure for transferring a share in the authorized capital, storing documents, providing information, etc.

Together with the decision on the establishment and the application for state registration of the company according to the charter, it is submitted to the tax office. Without the charter of an LLC with one founder, a legal entity simply cannot be registered.

The charter can be developed personally by business owners or professional registrars. But whatever the charter of an LLC with one founder in 2019, it must contain the mandatory information specified in Article 12 of the Law on Limited Liability Companies.

Here is a short list of them:

company name of the limited liability company (full and abbreviated);

location of the organization;

the composition and competence of the bodies of the company;

Composition and competence of bodies of society

the size of the authorized capital;

the rights and obligations of the participants;
the procedure and consequences of a participant's withdrawal from the company (in the event that the charter provides for such a possibility);
the procedure for the transfer of a share or part of it in the authorized capital to another person;
the procedure for storing documents of the organization and providing information about its activities.

How to draw up a charter of an LLC with one member

The Law on Limited Liability Companies does not make exceptions for a charter with a single participant, therefore, all of the above information must be reflected in the document.

The title page indicates that the charter was approved by the decision of the sole founder. By the minutes of the general meeting, the charter is approved only when a limited liability company is registered by several founders.

The law does not establish how many pages or sections should be in the constituent document. If you have already tried to download the charter of an LLC from available sources, then you probably noticed that there are options for multi-page samples and those that consist of two or three pages. There are even statutes that are just one page.

The fact is that the multi-page charters largely copy the articles of Law No. 14-FZ, which were in force at the time of registration of the company. This is not particularly necessary because regulations change frequently. It will be enough to indicate that the organization was created and operates in accordance with the Civil Code of the Russian Federation and the law "On Limited Liability Companies".

If in the course of the company's activities any provisions of the charter cease to suit you, then a new version of the charter, the decision of the participant to change, form R13001 and a receipt for payment of the duty for 800 rubles are submitted to the tax office.

Amendments to the law on state registration will come into force on April 29, 2018. According to these changes, only one printed copy of the charter is submitted to the tax inspectorate (previously there were two of them). After successful registration, the IFTS sends an electronic version of the charter with its own mark.

Typical LLC charter for one founder

For several years now, the Federal Tax Service has been planning to approve draft standard charters that can replace individually developed constituent documents. The standard charter will not contain information about the company name, location and amount of the authorized capital.

The texts of the model charters will be placed in the public domain. Founders, filling out an application for registration in the P11001 form, will simply make a check in one of the fields to select their version of the charter.

Unfortunately, the process of developing and approving model charters has been significantly delayed. At one of the stages of the discussion, the Ministry of Economic Development, which was entrusted with preparing the texts of model charters, proposed four versions of the constituent document.

One of them was developed specifically for the sole founder, who will manage his own company. You can familiarize yourself with this option and take it as the basis of your charter.

But later, the Ministry abandoned the multi-page versions and immediately developed 36 versions of short charters. Now they are posted on the official portal of draft regulatory legal acts, and you can also familiarize yourself with them.

Any organization in its work relies not only on legislative, legal and regulatory-methodological documents of national importance, but also on organizational and legal documents developed by the organization itself. Such documents include: charter, regulations, regulations, staffing, instructions, job descriptions.

Consider the concept, purpose, structure and features of the charter, regulations and regulations of an enterprise, institution, organization.

Charter of an enterprise, institution, organization

In accordance with Art. 52 of the Civil Code of the Russian Federation “a legal entity acts on the basis of the charter, or the articles of association and articles of association, or only the articles of association. In cases stipulated by law, a legal entity that is not a commercial organization may act on the basis of the general regulation on organizations of this type. "

In many cases, the charter is the main constituent document of a legal entity.

The charter, as an organizational document, is understood as a set of rules governing the activities of organizations, institutions, societies and citizens, their relationship with other organizations and citizens, rights and obligations in a particular area of government, economic or other activities.

The charter of a legal entity is approved by its founders (participants) and is subject to state registration in the prescribed manner. The charter refers to the obligatory constituent documents for the creation of non-governmental commercial organizations.

The charter should determine: the name of the legal entity, its location, the procedure for managing the activities of the legal entity, as well as other information provided by law for legal entities of the corresponding type.

General requirements for the procedure for the preparation, execution and content of the charter of a legal entity are given in part one of the Civil Code of the Russian Federation and other legislative acts. Let's name some of them:

15. Features of the registration of the regulation (internal regulations)

Regulation is a legal act that determines the procedure for the formation, rights and obligations of an organization, work both at the enterprise as a whole and in its structural divisions. The regulation reflects the rights and obligations of individual officials.

Requisites: 08, 10, 11, 12, 14, 16, 18, 20, 22, 23, 24, (28).

Provisions can be individual and typical.

Individual provisions are most often developed on the basis of a standard.

The regulations are developed at the direction of the heads of the enterprise and the initiative of the heads of structural divisions.

The contractor draws up a draft regulation, agrees with the legal department. If the project raises objections, then they are stated on the second copy or on a separate sheet.

The draft regulation is submitted for approval to the head of the enterprise, signed by the head of the structural unit and the developer. The date of the position is the date of approval of the document, unless another date is indicated in the text.

The regulation is a complex document, as a rule, the standard regulation contains the main sections:

General Provisions

Main goals

Functions

Rights and obligations

Management

Relationships, connections

Property, facility

Control, verification, audit of activities

Reorganization and liquidation of activities

Provisions are drawn up on the general letterhead of the enterprise.

The internal regulations (or regulations on personnel) are an internal (local) regulatory document of the enterprise that provides for the organization of the enterprise's work, the on-site mode of operation (working hours, for example, from 8-00 to 17-00, with a lunch break from 12-00 until 13-00, etc.), the mutual obligations of the enterprise and employees, the procedure for sending workers on business trips, granting vacations, etc. The need for this document at the enterprise is provided for in Art. 21, 29, 52 and 66 of the Labor Code.

For the correct organization of work, each enterprise needs to develop its own internal labor regulations, which must be approved upon the proposal of the director of the enterprise by the labor collective at the general meeting. Each newly hired employee must be familiarized with these rules against signature in the personnel department (or personnel management service).

16.Features of instructions

Instruction is a legal act containing rules governing organizational, scientific and technical, technological, financial or other special aspects of the activities of institutions, organizations, enterprises, their divisions, services, officials. Instructive in nature are such types of documents as rules, regulations, etc. The instruction begins, as a rule, with the section "General Provisions", which specifies the purposes of its publication, distribution, order of use and other general information. The text of the instruction should contain clear wording with command words such as “must”, “should”, “necessary”, “has the right”, “not allowed”, “recommended”, “prohibited”, etc. The text of the instruction is presented from a third party ("The contractor must submit documents for signature along with the materials on the basis of which they were prepared") or in an impersonal form ("the storage period for documents is determined according to the List"). A job description is drawn up for each employee of the institution (organization).

17.Features of registration of the staffing table

The staffing table as a normative document of the enterprise fixes in a consolidated form the division of labor that has developed at the enterprise between employees, described in the job (work) instructions. For employees of personnel services, the staffing table, as before, is a document for the selection of personnel for vacant positions. Thus, without being a mandatory legally required document, the staffing table is an internally necessary document that organizes the work of management with personnel. Of course, no one can oblige the manager (except the owner of the enterprise) to draw up a staffing table, but without him it will not be so convenient for him to solve production issues. Recognition of the staffing table as a document necessary for the normal operation of the enterprise, as well as mandatory with a direct indication of this by the owner of the enterprise, in no way means that the staffing table refers to documents that are external to the enterprise bodies (especially those that audit its activities) has the right to demand from the head, and he is obliged to provide it to them. The staffing table is written for internal use, and not to justify certain payments, especially if the auditing organization seeks to use this or that situation to its advantage.

18.Concept of administrative documentation

The administrative document plays a very important role in the management of institutions, enterprises, organizations.

The issuance of administrative documents is mandatory. First, on organizational issues.

For planning

Production

Construction

Logistics and supply

Finance and credit

Labor and salary.

Administrative documents are of an administrative nature, they are addressed to subordinate or subordinate organizations, groups or individual officials.

Administrative documents include:

Orders

Directions

Resolutions, etc.

The draft administrative documents can be prepared by a structural unit, or by a separate special or working group.

To prepare a draft document, you need to study the essence of the issue, review previous documents on this issue, take into account differences of opinion and write a draft document. The project is discussed and accepted at a meeting of a collegial body or agreed and signed by the head of the organization.

The prepared document is communicated to the interested parties.

19.Features of the design of the solution

Decision - a document of a collegial body (council, meeting, etc.), drawn up on organizational and production issues.

The decision has the same structure as the order and order, i.e. is divided into ascertaining and administrative parts. In the ascertaining part, the state of the issue is stated and a specific task is formulated. In the administrative part, a certain list of actions is proposed to solve this problem, and executors are appointed and deadlines are determined. Executors can be both structural divisions and specific officials. The administrative part of the decision begins with the word "DECIDED" ("DECIDED", "DECIDED"). The decision text can be divided into paragraphs. If the decision enters into force any documents, then they should be issued as annexes.

Decisions of the board of directors, directorate of the enterprise, meetings of the labor collective, meetings of shareholders, shareholders have a permanent shelf life.

Management decisions can be formalized in three main

ways:

- transmitted orally;

- on electronic media;

- in writing in the form of documents.

There are two interpretations of the concept of "document":

- legally issued paper with 100% reliable information contained in it;

- any information recorded on any medium (paper, film, disk, etc.) with an unknown degree of reliability.

20.Features of registration of the decree

A resolution is a legal act adopted by the higher and some central federal executive bodies, acting on the basis of collegiality, as well as by representative and collegial executive bodies of the constituent entities of the Russian Federation in order to resolve the most important and fundamental tasks facing these bodies and establish stable norms and rules.

Resolutions are also adopted by the governing collegial bodies of public organizations on the most important and fundamental issues of their activities.

The procedure for drawing up and formalizing decisions is generally similar to the procedure for formalizing decisions. The differences lie in the key verbs that separate the administrative part from the stating one: "DECIDES" or "DECIDED".

21. Features of the design of the instruction

Directive is an administrative document of federal executive authorities and management, other higher organizations on informational and methodological issues related to the implementation of regulatory legal acts, instructions, methods of other guidance documents. The heads of grass-roots organizations, enterprises, firms on the basis of one-man management also have the right to issue instructions when making decisions on operational and administrative issues (sending employees, imposing penalties, etc.).

In general, the designation does not differ from the design of an order and an instruction, it has the same form, composition and location of details, but the keywords in the ascertaining part of the text, depending on the content, instead of the word "ORDER", the words "OBLIGATE", "PROPOSE ". The instruction, like the order, has a heading to the text, it can have a statement part and - necessarily - a clause on control over execution.

Instructions sent to the subordinate organizations are drawn up on the general letterhead of the organization or on the form of a specific type of document with the "Addressee" requisite applied. With a large number of organizations to which the instruction is sent, the addressee is drawn up in a generalized way

(layout instructions).

Layout of the instruction of the superior organization Procedure of work

22. Features of order execution

An order is one of the types of administrative documents, which has the character of a mandatory order of the head of the structural formation of any level of management, acting in accordance with the principle of one-man management, on the need for subordinate organizations, divisions and rank-and-file performers to perform certain actions within a specified time frame.

This type of document is used by heads of state authorities, heads of local administrations, as well as organizations, institutions, enterprises and firms.

As a rule, an order is a way of bringing operational issues to the attention of the executors, has a limited period of validity and concerns a narrow circle of officials.

Orders are prepared and executed according to the same rules as orders. Orders, like orders, are drawn up on a special order form or on a general form of the organization indicating the type of document - ORDER.

The composition of the requisites is similar to the composition of those in the order, but the text of the document often does not contain the ascertaining (introductory) part.

In cases where the order has a stating part explaining the reasons for issuing a document, the text of the administrative part begins with the keyword "OFFER" or "OBLIGATE:".

23. Order preparation process

At the stage of preparation of the Order, the following operations are performed

preparation of the draft Order;

execution of the draft Order.

The preparation and execution of draft Orders is carried out by officials - Heads of departments (specialists) on behalf of the Head of the enterprise.

The order preparation process provides for the order development stages:

1) project development,

2) its approval with all interested officials, structural divisions,

3) execution and signing of the order,

Orders for the main activity are drawn up on general forms. The order details include:

1) details of an angular or longitudinal stamp indicating the type of document,

2) heading to the text,

3) release date, order number,

4) the text of the order,

5) signature of the head,

6) visas, approvals, etc.,

7) date, mark on the execution of the order and transfer to magnetic media.

The text of the order, as a rule, consists of two parts:

1) ascertaining;

2) administrative.

The ascertaining part sets out the grounds, reasons that prompted the head of the organization to issue this order, the goals and objectives of the order are indicated.

The ordering part begins with the word I order: (without quotes), printed on a new line in capital letters. A colon is placed after the word I order. Often, an order provides for the implementation of various actions, therefore its administrative part is divided into paragraphs, and sometimes into subparagraphs. Each item begins with an indication in the dative case of the responsible person or structural unit, then in a concise, clear formulation, actions are prescribed, actions are prescribed and the deadlines for the implementation of measures are indicated. The last point of the order is an official who controls the execution of the order.

2. Registration of the draft Order

The design of the draft Order consists in affixing in strictly defined places a form or a standard sheet of the necessary (specific for this type of document) set of details. At this stage, the following details are put on the draft Order:

the logo of the organization;

organization code according to OKPO;

document code according to OKUD;

name of company;

name of the type of document;

place of compilation or publication;

heading to the text;

application availability mark;

the surname of the performer and his phone number.

Orders for the main activity (first sheet) are drawn up, as a rule, on the General Form of the enterprise.