The order for the appointment of a commercial director is an important document regulating the work of the organization. Through it, a specific person occupies a position so significant for the development of the company.
An accountant, one of the founders, or a third party can be appointed to this position. If this person has sufficient knowledge and competencies, then the optimization of production and financial processes of the entire organization is ensured.
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The duration of powers for the position of commercial director, based on Article 58 of the Labor Code, may well be determined by the main document of the LLC - the Charter. But the contract that is signed upon hiring will always be fixed-term. Its “expiration date” by law is no more than five years.
Responsibilities
The commercial director is one of the key persons in the organization. He is a senior executive. His competence includes the financial and economic part, budget planning, coordination of work in departments, etc. In a word, everything that will be specified in the contract. The latter is concluded with the manager, who is the only immediate superior of the appointed employee.
The contract contains a link to the job description. The standard, generally accepted job description of this employee covers several aspects of the activity:
- Planning. To support the general director, the commercial director builds strategies regarding production and various economic issues.
- Analysis. A good commercial director has well-developed analytical skills. He, of course, must react quickly in acute situations, but the main thing is to prevent their occurrence.
- Finance. The employee is primarily engaged in finding and expanding sales markets and increasing sales volumes.
- Control. Plans must be implemented. The appointed commercial director is also responsible for this. This is especially true for the financial expectations of the organization.
This is not a complete list of activities of the average commercial director.
What to consider when transferring a position
The founder must, at the time of signing the order, remove the authority from the previous manager. Also, before starting to perform their duties, the newcomer is recommended to check the orders, decrees and powers of attorney that were previously issued by the previous management.
The founder (when the old general director is removed and a new one is not appointed) must cancel unnecessary old powers of attorney and other documents on the main activity. And then only make a decision to issue an order to assume the position of general director of the LLC.
Corrections
Each company has its own specifics of holding this position, which must be reflected in the relevant documents. The order only records the fact of appointment.
In order to be able to make adjustments without redoing the order, you can only refer to the job description. Then the order will have legal force even if the instructions are changed.
As for corrections in the text of the order, they are extremely unwelcome.
Order on the appointment of the head of an individual entrepreneur
Head of individual entrepreneur: how to issue an appointment order?
Regardless of the organizational and legal nature of a particular enterprise, it is initially assumed that their functioning is carried out thanks to management, for example, in the person of the director. The position of which corresponds to the corresponding document, known as an order, justifying the appointment of the manager.
At the same time, some ambiguity arises in cases where the activities of an individual entrepreneur are affected and an order for an individual entrepreneur is issued. This is due to the fact that such a business owner himself acts as a manager and the procedure for introducing another person into the management of the organization is not entirely clear. Therefore, we will try to answer the question: can an individual entrepreneur hire the head of his enterprise, and what procedure is necessary for this?
How is the appointment of the head of an individual entrepreneur made?
An entrepreneur with individual entrepreneur status acts as the only person who bears full responsibility for running the business, which presupposes the availability of appropriate accounting and reporting. In this case, the entrepreneur is actually the director of the enterprise.
This situation is a conflict from the point of view of the law, since an entrepreneur of this category is prohibited from acting as a director and paying himself a salary for managing the enterprise. The status of an individual entrepreneur initially presupposes that the entrepreneur has the functions of a director, which is enshrined in law.
At the same time, the legislation allows individual entrepreneurs to hire employees when production needs arise and on the basis of the staffing table. This makes it possible to appoint managers from among the hired employees.
If an entrepreneur is going to retire, then he should take care of hiring a director and making an entry in the staffing table about a new unit of the enterprise’s management team, in other words, making an order for an individual entrepreneur in a new position. This means almost any position, for example, sales director or manager, but with the exception of the general director.
Appointing a third party as the sole manager of an individual entrepreneur in an order is a somewhat rash step, since all responsibility for the activities of the enterprise in any case lies directly with the entrepreneur himself. If there is an urgent need for this, then it must be borne in mind that a new employee can be assigned a certain part of the responsibility for running the business only on the basis of a correctly executed order.
Documents of this type are drawn up according to well-known office work standards. As for the individual entrepreneur order form, it can be obtained, for example, using the 1C: Accounting software solution or through systems such as Garant and ConsultantPlus.
Order on the appointment of a director of an individual entrepreneur: stages of formation
An individual entrepreneur’s order can be written in free form, but it is better to draw up a template in advance, which can later be used in relation to any employees hired.
An order drawn up by an individual entrepreneur must receive a number used for entry in the registration book. After this, you can begin to create the so-called document header, in which the first line serves to record the phrase “Russian Federation”, and the second - “Individual entrepreneur...”. Then there must be the details of the enterprise: registration certificate, TIN, etc.
The left side of the order of an individual entrepreneur is reserved for indicating the number and date of the document. Finally, a title is written a little lower that reveals the topic of the order, for example, “On the appointment of a director...”. Next, you can move on to presenting the essence of the order, which should be expressed in a brief form.
The writing of an order by an individual entrepreneur is not regulated by any strict rules, but it is still advisable to adhere to some generally accepted norms. In particular, the style of the order should be businesslike and without unnecessary details related to the responsibilities of the future manager, since they are enshrined in a separate document (“Job Description”). The same applies to bonus payments, which are prescribed in a special application related to the staffing table.
In general, the text of the order of the individual entrepreneur may sound like this: “Appoint ...I.N. to the position of director. from such and such a date with a salary determined by the staffing table.” After which a signature with a transcript and the seal of the enterprise are affixed.
The order is considered valid from the moment it is signed, and the employee begins work from the date that appears in the text of the order. If for any reason an employee wants to receive a copy of the order, then he has the right to do so.
What's next?
The execution of an individual entrepreneur’s order should end with the creation of a job description, if this unit was not provided for earlier. Otherwise, changes are made to the existing instructions. An employee hired must necessarily read the instructions, which he signs with the date and signature decryption.
After this, an employment contract (standard) is drawn up, regulating the functions of the manager and his responsibilities, as well as establishing the work schedule. In the case where the position of director implies financial responsibility, an appropriate agreement is concluded, guaranteeing, for example, the safety of furniture, equipment, etc. This agreement is stored in the accounting department.
The head of the individual entrepreneur appointed by the order will be able to immediately begin work only after the individual entrepreneur issues him a power of attorney, stipulating the legality of certain management actions. In addition, the manager, together with the owner of the enterprise, must visit the bank to provide sample signatures. Since without this it will not be possible to carry out payment transactions on behalf of the new director.
In any case, the entrepreneur must not forget to demand regular reporting from the new director regarding his actions in managing the enterprise. Only control can protect you from possible problems, since responsibility for the activities of an individual entrepreneur cannot be delegated as provided, for example, in an LLC or OJSC.
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Rights
The commercial director has the rights granted to him by his head - the general director. This usually happens:
- Making independent decisions regarding the sale of goods. To do this, you will need to issue a specialized power of attorney signed by your boss.
- The right to make various proposals to improve the organization. Both personally to the leader and indirectly through participation in collective meetings.
- Providing bonuses to employees independently or recommending this by submitting a petition to the general director, etc.
Who to inform about the appointment
First of all, the tax service should be aware of such significant personnel changes. Information about the newly appointed general director must be entered into the Unified State Register of Legal Entities. Moreover, this must happen no later than 3 days after signing this paper.
In order not to become a violator of the law, the founder or newly appointed general director (often this is the same person) must fill out form P14001, as well as a properly executed decision (of the board or personal). These papers must be submitted to the tax office where the company was registered. The territorial tax principle in this case remains in force. You cannot establish an LLC in one city and submit an order to take office in another. If this happens, you must send the documentation by registered mail and ensure its receipt.
Components of an order
The order has a structure typical for this type of document. The document is laconic, strict, refers to the decision of the sole founder, employment contract, job description. At the top of the sheet are indicated:
- Full name of the organization, its details.
- Location of the organization.
- Date of signing the order. It is from the moment of signing that the document is considered to have legal force.
Below is the main part of the document. It begins with a mention of the basis (decision of the sole founder or minutes of the general meeting). All documents referred to in the text must have a number and date of signing.
An order may contain several items. But the main one is directly about the appointment of a certain person as commercial director. Registered:
- Full name of the appointee;
- time of entry into force of the document;
- for what period is it appointed (maximum - 5 years).
As an addition, the following may be indicated:
- Does the commercial director have the right of first signature on financial documents?
- Amount of remuneration.
- Who develops the draft employment contract for the appointed person.
- Establishment of full financial liability.
- To whom and within what time frame it is necessary to familiarize the designated employee with the order.
At the conclusion of the order for the appointment of a commercial director, there are signatures of the general director and the appointee, as well as everyone who was mentioned in the order (for example, the head of the personnel department, the head of the legal service, the chief accountant, etc.).
As for storage periods, the paper belongs to the category of personnel orders and must be stored for at least 75 years.
Structure of the main document
A person temporarily acting as the head of a company is appointed in the absence of the head of the enterprise at the workplace due to serious illness, regular or extraordinary leave, business trip, or other circumstances.
The order can be signed by a permanent manager or a governing body (board of directors, general meeting, etc.).
This will require the consent of the employee (in writing), as well as a decision that will indicate the amount of material remuneration for performing the duties of the head of the company, the scope and terms of office.
The document is generated randomly and must contain the following information :
- information about the director, reasons, and periods of his absence;
- information about the employee acting as head of the company;
- the period of time during which the employee will hold a leadership position;
- salary information;
- other data.
The order is signed by the president of the company and the employee temporarily performing his duties. The document is registered in the accounting book and stored for 75 years.
Commercial Director
The appointment of an employee to a position is carried out in accordance with the basic rules :
- the president of the company is responsible for forming the order;
- if we are talking about an individual entrepreneur, then the document can be drawn up by both the candidate himself and the manager.
Together with the order, a job description for the employee is formed, and an employment contract is drawn up.
Appointment of a Deputy
The procedure is carried out in the following sequence :
- a submission is prepared addressed to the president of the company, containing information about the deputy, including qualifications and education;
- a character reference is drawn up for the employee;
- if the initiative comes from the employee, his application in writing is required indicating data, work experience, higher education;
- after the candidate is approved by the head of the company, the HR department makes a decision on his appointment;
- the order is approved by the director of the company, then certified by a seal.
The candidate must read the document, enter into an employment contract and study the job description. Information about the appointment of an employee as a deputy is entered into the personal file and work book.
Executive Director
The official is appointed according to a similar scheme as the president of the enterprise, provided that he is the sole head of the company. When the executive manager is subordinate to the head of the organization, the procedure for hiring him is similar to the process for appointing a commercial director.
Appointment of the head of the branch
The head of a separate division is hired on the basis of an order from the general director and a written reference from the head of the department, the department of regional financial and commercial activities, as well as the commercial director.
The order is signed by the head of the enterprise, the head of the department for regional activities and the employee who is assigned the duties of the head of the branch.
You can learn how to change the director from this video.
Financial Director
The dismissal and hiring of the financial director takes place in accordance with the decision of the head of the enterprise, as well as the recommendation of the executive director. In addition, the appointment is agreed upon by the general meeting.
A job description is drawn up for the financial director, which is approved by the executive director and head of the company.
After signing
Once the document is signed, it becomes legally binding. But in order for the position of commercial director to actually appear in the organization, it is still necessary to conclude a contract with the specified person, as well as make an entry in the provided work book.
The procedure is quite simple. However, in agreements (contract, employment agreement) between the manager and the employee, a mandatory condition of non-disclosure of confidential data (for insurance) should be specified. After all, an order to appoint a commercial director is not a guarantee of safety, but only a written statement of the fact of hiring.
Elements of an order
The order implies a free form of presentation, but it must necessarily contain information about:
- LLC name.
- The serial number of the order (usually this is one of the first orders if the appointment occurs immediately after the establishment of a legal entity).
- Date of signing.
- The city in which the legal entity is organized and the order is signed.
- Grounds for taking office. This is either the minutes of the general meeting of founders, or the decision of one founder.
- What date does the assumption of office take place?
- Tom, what other responsibilities does the CEO take on when taking office?
- The date on which the order comes into force.
The result should be a signature with the position and transcript, and, if available, a stamp.
Who can appoint whom to a leadership position?
It is obvious that an individual entrepreneur, being the owner of a business, bears sole responsibility for his activities, including the financial and economic sphere, as well as reporting and accounting. Thus, the individual entrepreneur performs the duties of a manager.
In accordance with current legislation, registration of an individual entrepreneur as a director and payment of wages to oneself is not provided. That is, there is no need for an order to hire an individual entrepreneur for the position of director. All this, by law, implies the status of an individual entrepreneur.
It is worth paying attention to the fact that the current legislation contains a provision that an individual entrepreneur has the right to hire employees in accordance with production needs (and staffing schedule). Thus, an individual entrepreneur can appoint one of his employees to the position of manager.
For example, if an individual entrepreneur is going to retire and hires a director, then it is necessary to include a unit of management personnel in the staffing table (from the unified qualification directory). In this case, an employee cannot be hired as a general director.
The following leadership positions are suitable for this situation:
- Executive Director;
- Director of Commerce;
- director of the area;
- sales director;
- director of personnel;
- manager.
It is impossible to appoint a sole manager (the first person of the company) from among the employees due to the fact that he always remains the individual entrepreneur himself. The individual entrepreneur will bear full responsibility to the state.
