In the article it will be possible to learn about the official duties of the general director of a limited liability company. What rights he has, and what requirements are assigned to him, his responsibility and the main points in the appointment.
Key Points
An official who holds an administrative position of the highest rank in a commercial organization is called the Director General (President). Management takes place within the framework of the law in force on the territory of the Russian Federation.
On the basis of the Charter adopted by the founders of the company, the duties of the general director of the LLC are aimed at financial and economic, as well as industrial and economic activities in the interests of the company.
The Board of Founders or the founder appoints to the post of General Director, as he dismisses from it, any of the members of the Company or any other suitable individual. The General Director reports directly to the founders of the Company.
When assuming this position, the manager agrees with the irregular work schedule.
Other senior employees (chief accountant, executive director and others) enter into submission to the general director.
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 managerial position. The duties of the Deputy General Director of the LLC are within the scope of his authority, whereas, assuming the post of General Director at the time of the replacement of the head, he takes full responsibility for the company.
The General Director is guided by: the Charter, regulatory documents and the employment contract solely in the interests of the limited liability company.
CEO Responsibilities
The duties of the General Director of the LLC are as follows:
- Develops and approves the staff list, service instructions for the employees of the LLC, provides experienced personnel.
- It regulates the interaction of various divisions of the Company, ensures the fulfillment of assigned tasks and manages economic and financial activities, solves company issues at the level of legislative rights assigned to the post.
- It monitors the implementation of legal orders for the 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 renewing it, for carrying out the activities of the Company under the Charter.
- It delegates part of the authority to the heads of other departments, while retaining the ability to control their actions.
- It monitors the provision of the Company with the necessary property and its safety.
- Supervises the implementation of the decision adopted by the Board of Directors of the Company.
- It monitors the performance of official duties, internal regulatory documents of LLC employees, and, if necessary, takes measures to eliminate violations.
- Acts in the interests of the Company in court, establishes the organization of accounting, monitors the preparation or compiles the necessary reporting forms.
Functions
On the shoulders of the CEO are coordinated functions:
- Track compliance with the law in the actions of the Company.
- According to the Charter, carry out management of the Company (economic and financial).
- Implement decisions of the Board of Directors of the Company.
- Act in the interests of the Company by organizing effective close-knit work of all structures and developing strategically beneficial plans for the Company.
CEO rights
The rights and obligations of the General Director of the LLC are closely intertwined and carry the following:
- Act in the interests of the Company without a power of attorney in various instances (state, third-party organizations).
- Keep, compile, sign documentation within the scope of authorized law.
- Ability to open bank accounts.
- On behalf of the Company, cancel and conclude contracts.
- Manage the property and financial resources of LLC.
- Submit to the general meeting issues not related to the competence of the general director.
- Reduce and recruit.
- To issue power of attorney.
In case of violations or positive achievements in work - impose disciplinary and material liability or encourage the employee.
Service Instruction Structure
Applying the instruction to the post, the employee responsible for fulfilling his obligations has the right to choose the specific structure by which it will be drawn up. Basically, the job description has the following sections:
- The main provisions.
- Functions
- Responsibilities at the job level.
- Rights.
- Responsibility.
For a more detailed analysis and formation of the service instruction for the general director, it is advisable to take into account the employment contract, the Charter of the company and legislative acts. You can use special directories that spell out the duties of the Director General of the LLC.
Job requirements
The main requirements for the duties of the General Director of LLC:
- Workable person.
- The presence of higher education (economic, legal or professional).
- Have at least five years of work experience (as manager).
- Own a PC at the level of a confident user.
- Work experience that matches the professional activities of the company.
- Understand tax, civil, environmental, labor laws.
- Keep abreast of market conditions.
Among the duties of the CEO of an LLC for a resume, it is worth paying attention to some points in particular. Professional work 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 the LLC have a narrower specificity, which is reflected in the job description. The main requirements for which are:
- reporting directly to the CEO;
- also belongs to the management team;
- appointed and dismissed according to the order of the Director General.
Job description is executed in free form. Higher education is required, as well as work experience. Knowledge in certain areas at the discretion of the CEO.
Material liability
Based on the Labor Code of the Russian Federation, Article 277, the General Director of the Company bears full financial responsibility for the damage caused to the company. Losses incurred by the company due to the actions of the manager are reimbursed in accordance with the rules of the civil code by the director general.
All cases entailing liability are prescribed by law. The calculation also occurs within the framework of the law.
Tax liability
The General Director is not the subject of tax violations, therefore, is not responsible for these articles. Usually they are the chief accountant of the enterprise.
Criminal liability
Having committed crimes against the rights and freedoms of a citizen or any economic crime, the Director General is punished by a fine and imprisonment under the Criminal Code of the Russian Federation. Depending on the severity of the crime, it happens:
- a small fine of up to 300 thousand rubles. and imprisonment of up to 7 years;
- a large fine in an amount exceeding 300 thousand rubles, and imprisonment of up to 12 years.
Administrative responsibility
Responsibility of an administrative nature lies with both the legal entity and the general director of the LLC. This type of violation is established by the Administrative Code or the laws of the constituent entities 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 the 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);
- heavy fines from 30 thousand rubles. and higher (violation of fire safety, attracting foreign citizens not within the law).
Currency frauds are the most punishable (fines may exceed 200 thousand rubles).
The procedure for appointment
The appointment to the position of the General Director of the LLC occurs after a decision is made on the election to the position of the founders of the Company. If the owner is one, then he decides to accept the position of Director General.
Before concluding an agreement with the General Director, it is necessary to check for possible irregularities in the procedure for appointment to the post, the correctness of the paperwork.
Before appointing a person who is not among the employees, it is worth checking whether he fulfilled the main duties of the general director of the LLC at the previous place of work or even entered into the register of disqualified persons (contact the tax service with a request).
In order to avoid disputes, it is advisable to observe the procedure for appointment to the post of General Director of LLC
After checking the selected person for disqualification, you can proceed to registration:
- drawing up a protocol on appointment;
- conclusion of an employment contract;
- signing of the order on taking office;
- issuing an order for admission to the organization, which will reflect the duties of the general director of the LLC;
- notification of the Federal Tax Service of the appointment of a new leader.
The standard form of the employment contract does not exist, therefore it is executed arbitrarily.
The founders are appointed to the post of a new employee of the organization by the board of directors. The choice is made by protocol or decision.
In the case when the founder of the LLC is one person, he has the right to manage and manage the work of the company. 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 about the general director must be entered in the register.
The procedure for taking office is the same as with the number of founders more than one. Except that he signs the order and concludes the employment contract, the sole owner himself.
The duties of the General Director of LLC are quite voluminous, so before you offer yourself for such a position, it is worth assessing your capabilities adequately. Knowing the great responsibility of the CEO, to weigh their priorities and if everyone says yes, then the main thing is to follow the instructions when appointing to the post and try to act within the law.