The general director, along with the chief accountant, are key figures in the limited liability company. With almost unlimited powers and no power of attorney, the CEO can lead the enterprise entrusted to him to prosperity or to ruin. The procedure for appointing him to the position is regulated by the relevant federal law on LLC.
Before being appointed to the position
The law does not in any way limit the imagination of the founders, but the charter of the enterprise should stipulate how the position of the sole executive body of the company will be called: director, general director or even president. Article 40, part 1 of the Federal Law "On Limited Liability Companies" dated 1998-08-02 states that he is elected at the general meeting of participants for the period specified in the Charter, if these issues do not fall within the competence of another representative body: the council directors or supervisory board. The director or head of the LLC can be selected from among the members of the company, in which case he will work on a gratuitous basis or be invited from outside.
In accordance with labor legislation, an employment contract must be concluded with the head of the LLC. On the one hand, it is signed by the person appointed to this position, and on the other, by a member of the company authorized to do so by a decision of the general meeting of founders or by the chairman of this meeting. In order for the company to be registered and put on state registration, it is enough to attach the decision of the general meeting on the appointment of the director to the package of documents.
Registration of the order on the appointment of the head of the LLC
Of course, in the future, the surname of the leader will appear in orders signed by him only at the end of the text, as a decryption of the signature. The order to appoint a manager is an exception, since this is a necessary formality due to the specifics of automated accounting. If the program does not indicate the number and date of the order for the appointment to the position, the employee for the system will not exist, as it were, and it will simply be impossible for him to calculate wages.
Therefore, such an order with the corresponding personnel number according to the nomenclature of cases can be written, but it does not make much sense to print it out for general use somewhere. It should be issued according to the unified form T-1. The entry into the work book is made in the usual manner, indicating the number of the minutes of the general meeting of participants and its date, as well as the number and date of the order. In the same way, the employee's personal card is filled out in the unified form T-2.
The director, as court practice shows, has the full right to act on behalf of the LLC from the date of taking office, without waiting for the company to be registered in the manner prescribed by law. He will be able to fully exercise his powers, for example, open a bank account only after registration.
