Storage of contracts is associated with certain problems. In particular, in some cases it is very difficult to determine which type a particular document belongs to, how much to store, in what conditions, how to destroy it, and so on. All these factors are regulated by law, but due to the fact that the same contract in different situations may require different storage periods, all kinds of problems, ambiguous interpretations, and so on. Understanding all of this is simply necessary, although it can be difficult. You need to understand that in case of non-compliance with the requirements of the legislation in such a field as storing contracts in the archive, office work can be not only ineffective, but also dangerous in terms of possible punishment or a fine.
Why store?
Contracts must be constantly available not only at the time of their validity, but also after that. You may need some information, which is reflected in these documents, some data that management will require, and so on. Many controversial situations, which usually consist in the fact that one or another party unfairly approaches the fulfillment of its obligations, can be resolved with the help of an agreement both extrajudicially and officially, in court. You should also consider the possibility of conducting inspections of certain periods, which will be carried out by state control bodies. They may also require documentation for a specific period, and if the storage of contracts in the organization, the term of their destruction and other similar functions are not performed correctly, very significant fines may be imposed. Naturally, the leadership will be the first to blame, but after the situation stabilizes, the boss will definitely remember whose fault he had problems out of the blue. That is, the contract and any other documents must be kept strictly agreed upon. Many companies generally prefer to regularly expand the archive and do not destroy anything at all in order to avoid possible troubles than to make a mistake and then rake up the consequences.
Legislation
The law describes the storage of contracts in an organization quite clearly, if you do not take into account the fact that it is not always possible to correctly evaluate a particular document. In general, there is no separate law directly for contracts, they are indicated in the general list of standard archival documents (or management archival documents) that are formed in the process of functioning of organizations, state institutions, local authorities and so on. Both versions of the lists with both managerial and ordinary documents are approved by order of the Ministry of Culture and Mass Communications of the Russian Federation. The type that relates to management documents has the number 558 of 08/25/2010, and the second type - No. 1182 of 07/31/2007. It is highly recommended to study these documents, however, it is best to select the papers that are used in a particular institution and that belong to a certain area of responsibility during the study process. There is too much information in the lists to remember all of it, but if you determine what documentation relates to what and how much is stored, most likely, the storage of contracts will become much simpler and easier. In many cases, all used papers fall under 3-4 points, which are not so difficult to study in detail.
Different types
Two main systems for separating contracts are used to preserve them. So, the least common system is the binding to the shelf life. Allocate short-term, long-term and permanent storage. The first option implies a contract for a period of up to 10 years. The second - over 10 years. Permanent is most often used only when the document cannot be destroyed at all. This system is not very convenient. The storage of contracts in the archive, the terms for which are determined in this way, often leads to confusion and errors than it really helps to correctly set the paperwork. Therefore, a more common system is binding to the type of contract. In most enterprises, they come in three main varieties: core, business and labor. The first and second are mostly similar, and they are usually stored only for five years. It should be understood that the profile refers to all contracts and generally documents that directly relate to the main field of activity of this organization. The third, labor type of contracts, in many cases, is also kept for only 5 years, but in a certain situation this period can significantly increase. For example, if there is no personal account, then such an employment contract will have to be stored for as long as 75 years, which is not very convenient. In fact, if you don’t particularly go into the problem, you can conditionally limit the shelf life to 5 years and no longer think about the problem. But in such a situation, it is likely to miss some factors that can increase the period during which the storage of contracts of this format should be carried out without fail, and then it is definitely possible to earn a fine or other troubles that any sane person tries to avoid.
Archiving
The procedure for the transfer of archived contracts whose terms have already expired may differ depending on the enterprise. In some cases, employees simply staple documents together and put them in a dark corner, which is considered the archive. But for another company, the whole process can be clearly described in the normative documentation, there will be an individual person responsible for the archive, or even special nomenclatures, rules for creating a binder, a registration journal, and so on. Both options can be convenient, depending on many factors. For example, the first option is suitable for a small company with a modest turnover. There will not be so many documents that you can always easily find everything in the same dark corner. But the second situation indicated is already suitable for serious corporations that have a great many employees and simply must somehow not drown in the workflow. The general rule that distinguishes the storage of contracts in organizations of any form of ownership is the time of transfer to the archive. As a rule, employees are required to send documents no earlier than a certain deadline, regardless of when they actually expired. And usually, such archiving occurs at the beginning of the year. That is, even if the contract ended in February, you still have to wait for the next year to put it in storage.
Destruction
As already mentioned above, it is simply impossible to destroy treaties. First you need to make sure that the correct time has passed. Only then can this document be destroyed. But these actions can often be dangerous in their consequences, because of which most employees prefer to perform them only and exclusively with the approval of management. It looks like this: an employee collects a sample of all the documentation, the term of which has already expired or is nearing its end. Storage of contracts at the enterprise should preferably be arranged so that this sampling procedure does not take a lot of time. Then, on the basis of the list received, a report is made to the management, the document is signed, filed, and only when all this is done does the process of direct destruction of contracts and other similar papers begin. Keeping contracts in the archive on an ongoing basis is not the best solution, especially since some companies even make some money from it, sending them to waste paper and so on.
Example of accounting and storage system
To better understand all the features and main points of activity, we can give a relatively simple example of organizing paperwork for storing documentation. So, there is a certain employee, usually it is someone from the accounting department who is responsible for storing contracts with contractors or any other similar papers. He has a separate folder where they are all constantly located while they are active. As the contract closes, it is transferred to another folder. It will be convenient to have a special register in electronic form, where all these documents will be listed in order with an indication of the storage period. But first, this period should be determined. It is best to run through the folder with all the departments that relate to one degree or another to contracts, in order to better understand their essence. With the accumulation of experience, the need for such actions will disappear. Then, when it is clear exactly what each of the documents is from, it puts down a specific period for its storage. In some cases, it will be more convenient to indicate the closing date of the contract and, adding to it 5 years (or more), determine exactly when the paper can be destroyed. In fact, even at the very beginning of the organization of this issue, the procedure does not differ in particular complexity, and with prolonged work it will still be more and more simplified. When the storage of contracts in the organization, the term of destruction of which has already been approved, will be standardized, the whole process will take a matter of minutes. And now the year has come when it is possible to destroy certain documents. They are removed from the folder, checked for possible errors and, together with a list of these papers, submitted to the head. He, in turn, must once again check whether everything is really as indicated on the list, since it is the boss who will remain guilty in case of problems. If everything is correct, the leader signs a permit for destruction, and here everyone acts according to his own understanding. Someone just vomits and throws it away. Others use a shredder. Still others give up for waste paper, burn it, and so on.
When does the shelf life begin
This is a very important question, since it is with him that many errors arise. The storage of contracts at the enterprise of the Republic of Belarus or the Russian Federation in this case is exactly the same and begins at the moment when the new year begins, in which the specific document is no longer valid. For example, there is an agreement that ended on July 15, 2010. It must be preserved for 5 years, but it can be destroyed not on July 15, 2015, but at the beginning of 2016. That is, the report came from 01.01.2011, and not from the seventh month of the previous year. Usually, in order to minimize the chance of a mistake altogether, 1 year is added to a previously defined period. And only after it passes, the destruction procedure begins.
Storage Features
In general, there are special recommendations on how the archive should look and work. Ideally, storage of contracts of liability, settlements with contractors, employment contracts and similar similar documentation should take place in a ventilated and dry room. At the same time, the papers themselves are located on the shelves (open or closed). If they relate to strict reporting forms or documents labeled “trade secrets,” then special safes must be present. In principle, no one checks this moment, because these are exactly recommendations, which are beneficial for the company to comply with. The essence is very simple: if the storage system itself is not fined, then for the absence of those papers that are required to be, they are often punished. And if a flood occurs, or documents are destroyed in any other similar way, then only a particular enterprise will be to blame.
Responsibility and implementers
The main and primary responsibility for everything that is included in the storage of contracts lies with the head of the organization. It is he who, in the presence of problems, will be responsible to the state and experience all possible problems. Next, after him, usually comes the chief accountant, lawyer and the employee who is responsible for the safety of documents. But usually all of these persons are already punished by the head to the extent of their mistakes. In fact, in most of the relatively small organizations, the contract control system is assigned to accounting. And already in this department, the chief accountant appoints, either independently or by general vote, a specific person in charge. In some cases, this person receives a small increase in wages, which should compensate for the additional amount of work, but most often, the last point is simply ignored, emphasizing the lack of funds or other similar factors. In more rare cases, the lawyer is responsible for the safety of documents in general and contracts in particular. But this is not very convenient, because this person can only answer for the contract, and with other papers he is usually familiar only superficially. It is most convenient when there is a separate person who deals with this particular problem. It will be as accurate as possible and will not make minor unpleasant mistakes, as other employees can do.
Total
The storage of contracts in the organization is carried out on the principle of full compliance with all legal norms. This is a prerequisite that can take away from the company all the problems. At the same time, small nuances, internal regulations, registers and related documentation may differ from firm to firm. The chief responsible person is considered to be the boss, but he can delegate this moment to another person. This will facilitate the work of management, but will not relieve him of the entire depth of responsibility for possible errors. That is, that employee who is entrusted with working with archival documentation should be as responsible as possible and clearly understand his functions, receiving real money for this, rather than verbal thanks, as is usually the case with increasing workload without compensating for it with the help of additional salary funds.