Like any employee, a director has the right to be fired at will. However, the procedure for leaving the first person of the company is somewhat more complicated than that of an ordinary employee and even a deputy director. He should notify about his desire to leave not two weeks in advance, but a month. And to inform about this not yourself, but the founders of the enterprise. And upon dismissal, transfer business to a new director or founders.
It is necessary
- - application for resignation according to the number of founders;
- - notification of the convocation of the general meeting according to the number of founders;
- - minutes of the general meeting, if it takes place;
- - act of acceptance and transfer of cases (optional, but highly desirable);
- - notary services (not in all cases);
- - order of dismissal.
Instructions
Step 1
By law, the director of an LLC has the right to convene a general meeting of founders at any time when he considers it necessary. A difficult situation can arise if they do not want to let go of the director and will simply ignore his calls. In this case, in order to comply with all the formalities, he must first send to each founder a certified letter on the convocation of the meeting with acknowledgment of receipt, and then also by certified mail with notification of his letter of resignation addressed to the general meeting of founders.
If the founders continue to ignore his appeals, he has the right, after a month from the moment the last founder received his letters, simply stop working, and his dismissal will be considered valid.
Step 2
The easiest way is when there is a replacement for the outgoing director. Then he simply hands over the affairs to his replacement. The law does not require the compulsory drawing up of an act describing the current situation in the organization and a list of all values (for example, stamps) that are transferred from one leader to another. But in practice, it is better when such a document exists. It will protect both the old director and the new one from possible claims from the founders.
If there is no replacement, the director has the right, within a month after the notice of dismissal, to convene a general meeting to decide how the cases will be transferred. They can be accepted by any of the founders authorized by the general meeting.
Step 3
If there is no one to transfer cases, the director may also have the opportunity to use the services of a notary. Several options are permissible here. For example, to deposit documents for storage according to the inventory or without, and the valuables - in the deposit of a notary so that the new director can pick them up.
The notary also has the right to interrogate the employees of the LLC, conduct inspections of the premises and thereby provide written evidence that the firm knew about the director's intention to leave, that he locked the safe with documents and valuables, etc.
Step 4
Upon completion of all formalities, the director has the right to personally issue an order on his dismissal of his own free will and make an appropriate entry in his work book.
