In the article you can find out about the serviceduties of the general director of a limited liability company. What rights does he have, and what are the demands on him, his responsibility and the main points in the appointment to the post.
The official whoan administrative position of the highest rank in a commercial organization, is called the general director (president). The board takes place within the framework of the law in force in the territory of the Russian Federation.
Based on the Charter adopted by the founderscompanies, the duties of the general director of LLC are directed to financial and economic, as well as to production and economic activities in the interests of the company.
The founders' council or the founder appointsthe post of general director, as well as exempt from it, any of the members of the Society or any other suitable individual. The General Director submits directly to the founders of the Company.
In assuming this position, the manager agrees with the non-standardized schedule of work.
In the submission to the general director, the other top-level employees (chief accountant, executive director and others) enter.
The period when the general director is absent from work,his duties are performed by the deputy, who is an employee of the Company, holding a management position. The duties of the deputy general director of the LLC are within the scope of his authority, while entering the office of the CEO at the time of the replacement of the head, he assumes all responsibility for the company.
The general director is guided: by the Charter, normative documents and the labor contract exclusively in interests of a society with limited liability.
Duties of the General Director
The duties of the General Director of LLC are as follows:
- Develops and approves the staffing table, service instructions for the employees of the LLC, provides experienced personnel.
- Regulates the interaction of various unitsSociety, performs the execution of assigned tasks and manages economic and financial activities, solves the company's problems at the level of legislative rights assigned to the post.
- Supervises the implementation of legal orders forthe activities of the Company within the framework of the Law of the Russian Federation and on the basis of documents, participates in the preparation of documents for obtaining a license or extending it, for carrying out the Company's activities under the Charter.
- Delegates some of the authority to the leaders of other divisions, while retaining the opportunity to control their actions.
- Supervises the provision of the Company with the necessary property and its safety.
- Supervises execution of the decision, which was adopted by the Board of Directors of the Company.
- Supervises the performance of official duties, internal regulatory documents of the company's employees, if necessary takes measures to eliminate violations.
- Acts in the interests of the Company in court, establishes the organization of accounting, monitors the drafting or forms the necessary reporting forms.
On the shoulders of the CEO there are coordinated functions:
- To monitor compliance with the lawfulness in the actions of the Company.
- According to the Charter, to carry out management of the Company (economic and financial).
- To execute decisions of the Board of Directors of the Company.
- Act in the interests of the Society, organizing effective cohesive work of all structures and developing strategically advantageous plans for the Company.
Rights of the General Director
The rights and duties of the CEO of LLC are closely intertwined and carry the following:
- Act in the interests of the Company without power of attorney in various instances (state, third-party organizations).
- Conduct, draw up, sign the documentation within the authorized right.
- Opportunity to open bank accounts.
- On behalf of the Company, cancel and conclude contracts.
- Manage property and financial means LLC.
- To bring to the general meeting issues that do not concern the competence of the general director.
- Cut and take to work.
- To issue power of attorney.
In case of violations or positive achievements in work - to impose disciplinary and material responsibility or to encourage the employee.
Structure of the service instruction
Applying the instructions to the position, the employeethe person responsible for the performance of his obligations has the right to choose the specific structure by which it will be drawn up. In general, the job description has the following sections:
- Basic provisions.
- Responsibilities at the official level.
- A responsibility.
For a more detailed analysis and formationservice instructions for the general director, it is desirable to take into account the labor contract, the company's charter and legislative acts. You can use special directories, in which the duties of the General Director of LLC are prescribed.
Requirements for the position
The main requirements for the duties of the CEO of LLC:
- A workable personality.
- The presence of higher education (economic, legal or professional).
- Have a work experience of at least five years (as head).
- Own a PC at the level of a confident user.
- Work experience that corresponds to the company's professional activity.
- Understand tax, civil, environmental, labor laws.
- Be aware of market conditions.
Among the official duties of the generaldirector of LLC for the resume should pay attention to certain points in particular. Professional experience, acquired skills, knowledge and realized achievements for the benefit of the company in the past work.
The duties of the Assistant to the General Director of LLC are more specific, which is reflected in the job description. The main requirements for which are:
- submission directly to the general director;
- also belongs to the management team;
- appointed to the post and dismissed in accordance with the order of the general director.
The job description is made in free form. The presence of higher education is necessary, as is experience. Knowledge in certain areas is at the discretion of the CEO.
On the basis of the Labor Code of the Russian Federation, Article 277, the Generalthe director of the Company bears full financial responsibility for the damage caused to the company. Losses incurred by the firm due to the actions of the manager are reimbursed in accordance with the norms of the Civil Code by the CEO himself.
All cases involving financial responsibility are prescribed in the law. Calculation also occurs within the limits of the norms accepted by the law.
The General Director is not a subject of tax violations, therefore he is not liable for these articles. Usually they are the chief accountant of the enterprise.
Having committed crimes against the law and freedomcitizen or any economic crime, the Director General within the framework of the Criminal Code of the Russian Federation provides for punishment in the form of a fine and imprisonment. Depending on the severity of the crime,
- a small fine of up to 300 thousand rubles. and imprisonment up to 7 years;
- a large fine in the amount exceeding 300 thousand rubles, and imprisonment up to 12 years.
Responsibility of administrative nature is assigned both to the legal entity and to the general director of the LLC. This type of violation is established by the Code of Administrative Offenses or by the laws of the subjects of the Russian Federation.
Depending on the degree of administrative offense, the following penalties are imposed:
- fine up to 5 thousand rubles. (entrepreneurial activity without a license, sale of goods or provision of services without a check);
- average fine of 5 thousand rubles. up to 30 thousand rubles. (inadequate quality of goods or services, unfair competition);
- large fines of 30 thousand rubles. and higher (violation of fire safety, attraction of foreign citizens not within the law).
Fraud with currency is the most punishable (fines may exceed 200 thousand rubles.)
The order of appointment to the post
Appointment to the post of General DirectorLLC occurs after the decision on election to the position of the founders of the Company is made. In the event that the owner is one, he decides on taking over the position of the General Director.
Before you conclude an agreement with the CEO, you need to check for possible violations in the appointment procedure, the correctness of the documents.
Before appointing a person not from amongemployees, it is worth checking whether he fulfilled the main duties of the general director of LLC at the previous place of work or even entered in the register of disqualified persons (contact the tax service with a request).
In order to avoid the emergence of disputes, the procedure for appointing the CEO of the LLC is desirable to comply.
After checking the selected person for disqualification, you can proceed with the design:
- drawing up a protocol of appointment;
- conclusion of an employment contract;
- signing of the order of taking office;
- the publication of the order for admission to the organization, which will reflect the official duties of the general director of the LLC;
- notification of the Federal Tax Service about the appointment of a new leader.
The standard form of the employment contract does not exist, therefore it is formalized arbitrarily.
Assign to the post of a new employee of the organization the founders by the board of directors. The choice is made by a protocol or decision.
In the event that the founder of an LLC is one person, thenhe has the right to manage and dispose of the company's work. The main condition is that the appointment to the post of general director takes place at the initial stage and this should be reflected in the decision of the sole owner. Information on the CEO should be entered in the Unified State Register of Legal Entities.
The procedure for taking office is the same as for the number of founders more than one. Except that it is signed by the order and the sole proprietor enters into the employment contract.
Official duties of the General DirectorLLC is quite large, so before you offer yourself to such a position, it is worth to assess their capabilities adequately. Knowing what kind of big responsibility the general director has to bear, weighing his priorities and if everything says "for", then the main thing is to follow instructions when appointing to the post and try to act within the law.