Dismissal of the general director of the LLC of his own free will. Can the CEO write a letter of resignation of his own free will

Dismissal of a CEO is a complex procedure that differs significantly from the classic termination of cooperation with an employee.

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The fact is that the general director is the only executive body of the LLC. For this reason, it is important to understand in advance the specifics of the procedure.

Foundations

You can only fire a CEO if you have good reason. Their list is clearly indicated in the current legislation of the Russian Federation.

The reasons for the termination of interaction with the person in this position may be:

  1. General grounds for dismissal, enshrined in Articles 77, 81 and 83 of the Labor Code of the Russian Federation. So, the general director can leave his post or stop carrying out activities in connection with the end of the term of cooperation.
  2. Special bases. The CEO may be asked to leave the position if his decision resulted in a violation of labor obligations or the provisions of applicable law. A similar procedure can be performed if the owner of the property of a particular organization changes.
  3. Additional grounds. The general director can be removed from office if he declared bankruptcy.

There are other grounds on which the CEO can be fired. A similar action is performed if the person in office has committed a crime or other illegal actions.

What does the law say?

Before proceeding with the procedure for dismissing the general director, you should familiarize yourself with the current legislation of the Russian Federation. The features of the manipulation are regulated.

It should be remembered that it is necessary to be guided by the provisions enshrined in the normative legal act edited by Federal Law No. 197.

The section of the Labor Code of the Russian Federation contains the following rules:

  • the person holding the post of the general director may unilaterally terminate the employment agreement by notifying the employer about it 14 days before the planned date of termination of employment, unless otherwise provided in the agreement;
  • the employment contract can be terminated earlier than the specified period, but only with the consent of the employer;
  • if the general director cannot fulfill the duties assigned to him in connection with the state of health, the termination of cooperation is carried out in one day;
  • before the date of termination of employment, the general director may withdraw the letter of resignation, regardless of the opinion of the founders of the LLC;
  • when the term of work ends, the general director has the right to stop working even if the employer did not properly carry out the dismissal procedure.

Dismissing a CEO is different from the classic procedure. Thus, the notice period can be increased from 2 to 4 weeks. In fact, the CEO is obliged to notify himself.

However, the dismissal procedure must be carried out in compliance with all formalities.

Dismissal of the CEO

The procedure for dismissing the general director depends on the reasons for the termination of cooperation. Depending on the reasons that led to this, the features of the manipulation may vary.

By agreement of the parties

If the CEO is dismissed, the participants in the procedure will have to go through the following steps:

  1. The employee submits an application, drawn up in accordance with the established template, to the founders or other persons authorized to terminate the employment contract.
  2. A meeting of founders is held, at which a decision is made on the dismissal of the general director and the main points of the agreement are discussed.
  3. An agreement is being drawn up. The employee must read the paper and sign it.
  4. A corresponding order is issued.
  5. An entry is made in the work book of the general director with reference to the current legislation.
  6. The tax authority is notified. The action is carried out within three days.
  7. A work book is handed over to the hands.
  8. Provided.

Wages for the month worked and must be provided on the day of termination of the employment agreement.

Of your own free will

If an employee leaves the company of his own free will, the dismissal procedure is almost identical to termination of cooperation on the basis of an agreement.

However, the document itself is not compiled. Instead, the minutes of the meeting are drawn up, in which the decisions made by the founders are recorded.

If is the only founder

If the General Director is the sole founder of the Company, the dismissal procedure takes place according to a simplified scheme.

According to article 273 of the Labor Code of the Russian Federation, the sole founder has the right to relieve himself of his post at any time.

In this situation, the CEO independently decides on his dismissal. An employee's work book is made a record of dismissal of his own free will, indicating the relevant provisions of the current legislation of the Russian Federation.

Upon liquidation of an LLC

If an LLC is liquidated, the resignation from the CEO is part of the mandatory measures. The law does not allow the old leader to retain managerial functions.

Responsibility for the implementation of the norm lies with:

  • general meeting;
  • investors;
  • a trustee appointed by the court or selected on a competitive basis.

They are the ones who make the decision to dismiss the general director and take other measures to remove the powers from the former managing staff of the LLC.

By the decision of the founder

The founders of the LLC can also decide on the dismissal of the general director. The verdict on the termination of cooperation is adopted at the general meeting. It is drawn up in a protocol, in which all the features of the event are recorded.

If violations are committed during the dismissal process, the founders will be held administratively liable.

Procedure

The dismissal of the CEO in 2019 must be carried out in strict accordance with.

Sample application

To be recognized as valid, it must be drawn up in accordance with existing rules.

The following information must be reflected in the paper:

  • the addressee to whom the application is sent;
  • position and full name of the employee who made the application;
  • a request for dismissal indicating the date of termination of cooperation;
  • date of submission of the document;
  • applicant's signature with a transcript.

If the general director finds it difficult to draw up a document on his own, he can use a ready-made sample.

Order

When the decision to dismiss the CEO is made, it is formalized. The paper is drawn up on a unified form T-8. The order is issued by the CEO himself.

The procedure is carried out on the last working day of the employee. The text of the order indicates the grounds for dismissal with references to the relevant regulatory legal acts.

Employment record

Contributed by the founder of the organization. The document indicates the reasons for the dismissal with reference to the relevant regulations.

Dismissal of the CEO of his own free will is a rather difficult task associated with the burden of responsibility to the enterprise and the joint stock community. However, this process will certainly be within the power of such a qualified specialist as the director of an LLC.

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Where to begin

Having made the decision to dismiss, the general director should pay attention to the circumstances specified in the laws of the Russian Federation (Article 80 of the Labor Code of the Russian Federation and Article 280 of the Labor Code of the Russian Federation), which radically distinguish him from ordinary employees of the enterprise. Since an official of such a high rank must notify management one month before dismissal (a term of two weeks is supposed to be a term for ordinary workers).

First of all, the director needs to take into account the factors related to work, namely financial and other forms of responsibility, in advance, before making this decision, by properly closing current accounts or notifying banks about the imminent resignation of their powers. To take care of the exclusion of the possibility of being held liable for tax and other forms of violations that may be discovered after the completion of his mission as the chief executor of decisions of a legal entity. Well, upon completion of the procedures related to the management of the enterprise, it is necessary, using the right of this law of the Russian Federation (Art. 33 of the Federal Law of 08.02.1998 No. 14-FZ, hereinafter Law No. 14-FZ), to convene all members of the board of the LLC.

Meeting of LLC members

According to the law (Law No. 14-FZ), the dismissal of the head of an LLC is carried out by a general meeting of participants. Consequently, the CEO needs to make every possible effort and means to gather the society. That, in turn, may be accompanied, with an unequivocal desire of the head to leave the post and lack of understanding on the part of the LLC, by some obstacles on the way to resignation. However, you should not be upset, since the principle of freedom of labor is fixed for each employee of the enterprise (Article 37 of the Constitution of the Russian Federation and Article 2 of the Labor Code of the Russian Federation). You just need to pay some attention to the legal difficulties that are associated with the dismissal of the sole executive body of a legal entity.

If there is no compromise on resolving the issue of dismissal, the CEO should act only in accordance with the letter of the law, using all available bureaucratic tools. First of all, it is necessary to send the members of the meeting notices of calling the meeting, to which attach a letter of resignation. To do this, it is necessary to send a notice by registered mail to all available addresses of the founders. The sending of the notification should be documented. Only in this case, the letters will be considered a document that has informed the employers.

If the meeting of the LLC members did not take place, guided by the principle of freedom of labor mentioned earlier, the general director, upon the expiration of the notification period, may issue an order. Since the convening of a general meeting is necessary for the head only to accept his statement. As the executive body of the enterprise, the general director has the right, according to the law (Article 2 of the Labor Code of the Russian Federation), to independently leave his post, having drawn up and signed an order (Article 84.1 of the Labor Code of the Russian Federation). In addition, the manager also has the right to independently make an entry in the work book (clause 45, making work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of 04.16.2003 N 225).

Work Transmission

At this stage, it is necessary to show the most scrupulous caution, since the technology of transferring cases by the sole executive body of an LLC, upon dismissal of their own free will, is not provided for in the legislation of the Russian Federation. If the members of the board of the company went to meet the head and took certain measures to facilitate the dismissal and appointment of a new CEO, no difficulties should arise. Under the right circumstances, the firing process will be much easier. The CEO, who decides to leave the post, must transfer to the person on whom the LLC has entrusted the burden of the chief manager of the enterprise, the documentation and property of the organization, and also notify the tax authority (Articles 17, 18 of Law N 129-FZ) about the change in the sole executive body of the legal entity by submitting application to the tax authority in the form R14001 (Decree of the Government of the Russian Federation of June 19, 2002 N 439). However, in the absence of favorable conditions, that is, the company was not assembled and a new leader was not selected, the resigning CEO will face some difficulties.

Leaving without handing over the matter

After all the terms have expired, the manager should get rid of the documentation and property of the enterprise. The most suitable means for this is the services of a notary. Since, according to the law of the Russian Federation (Article 35 of the Fundamentals of the Legislation of the Russian Federation on Notaries of 11.02.1993 N 4462-1), notaries have the right to:

  • accept documents for storage;
  • accept money and securities as a deposit;
  • to certify the time of presentation of documents.

Thus, the general director who decides to leave his position is obliged to hand over to a notary according to the inventory or in a sealed package the necessary documents of the enterprise, a seal, and also put the values ​​of the company on the deposit. However, documents and valuables should be submitted on behalf of the organization. In this case, the newly elected general director can take all the documentation and valuables from the notary, regardless of the amount of time that has passed, the notary, in turn, is obliged to certify these actions of the head who left the post, as the date of delivery of documents, the value or reliability of the seal of the sealed safe. In addition, documents can also be deposited in archives (private or public). At the same time, it should be emphasized that the dismissed general director in this way, from the point of view of the law, is not prohibited from keeping the property of the enterprise.

However, in order to exclude the emergence of some unfavorable (dark) suspicions or accusations of his involvement in certain actions, the values ​​of the enterprise should be gotten rid of.

Sample letter of resignation


Download the sample in Word file format:.

Problems with the Unified State Register of Legal Entities (USRLE)

According to subparagraph "l" of paragraphs 1 and 5 of the Federal Law of 08.08.2001 N 129-FZ, a legal entity must inform the tax authority about the change in information about its sole executive body contained in the Unified State Register of Legal Entities. This notification takes place in accordance with the above rules in (Articles 17, 18 of Law N 129-FZ) and provides for filling out an application form P14001, in which there is little talk about the resigning person, but more about the new CEO taking office. And in his absence, this notification will be impossible to issue. Thus, the retired general director will still be registered in the Unified State Register of Legal Entities as the sole executive body of the company. However, if the above instructions are followed, there will be nothing to fear, since the members of the society have been notified, the order has been signed, the entry in the work book is entered, and the scepters of power are at the notary's office. The main thing is that the resigning CEO should clean up the “tails” in time and adhere to the following action plan:

  • 1 - call a meeting:
  • 1.1 - if the convocation of the meeting is impossible, notify the members of the company by registered mail;
  • 2 - after the expiration of the due period, independently organize events for their own dismissal:
  • 2.1 - issue and sign an order;
  • 2.2 - make an appropriate entry in the work book;
  • 3 - to transfer cases to the newly elected CEO:
  • 3.1 - transfer cases, documents and values ​​of the enterprise;
  • 3.2 - change the information in the Unified State Register of Legal Entities on the change in the sole executive body of the company;
  • 4 - in the absence of the newly elected CEO:
  • 4.1 - transfer documents and values ​​of the enterprise to a notary;
  • 4.2 - to certify the sealing of the safe, cabinet and other necessary things or objects;
  • 4.3 - transfer of documents to the archive.

Thus, the general director of an LLC, using the legislation of the Russian Federation and the bureaucratic mechanisms of modern society, can leave the enterprise without any legal prosecution and consequences. You just need to remember these four points and, as you go through them, carefully observe each of the subparagraphs and recognize unrevealed or unclear nuances.

The director of the organization has a dual status - he is both an employee and a person representing the employer. It is subject to both general labor law norms and special ones. Dismissing the CEO of his own free will differs from the dismissal of a full-time employee and has its own characteristics.

In this article, you will learn:

  • what is the procedure for dismissing the general director of his own free will;
  • how the dismissal of the director of an LLC is formalized at his own request and an example of registration.

The procedure for dismissing the general director of his own free will

For all categories of employees, Art. 80 of the Labor Code of the Russian Federation provides for a two-week period of warning about the termination of an employment contract, dismissal director at his own request is made with notification of this within one month ( Art. 280 of the Labor Code of the Russian Federation).

The increase in the term is due to the fact that the CEO is dismissed by a decision of a collegial body or a general meeting of participants (shareholders). Accordingly, it takes time and a number of actions determined by law to convene the relevant meeting.

However, the manager is subject to the general rule that this period can be reduced if there is an agreement between the employer and the employee. In this case, the manager must put the date of leaving the post in the application, and the person representing the employer must put the corresponding consent visa on the application.

There is judicial practice specifically in relation to managers, where it is recognized as unlawful dismissal before the expiration of the one-month period, if the application does not include the date of termination of the employment contract agreed by the employer (for example, see the appeal ruling of the Lipetsk Regional Court dated 13.01.2016 in case No. 33-59 / 2016). Therefore, the procedure for registering the departure of a manager should be taken seriously, starting from the stage of filing an application.

CEO resignation letter

So, the head of the organization draws up his declaration of will to resign with a personal statement. At the same time, he applies to the person or body that elected (appointed) him to the position. If it is a limited liability company with a single participant, then the application is addressed directly to the single participant. If the sole executive body was elected by the general meeting of participants, then a statement is written to this body.

The head has the right to formulate his will in different ways: “ please dismiss of your own free will " or " I ask you to terminate the employment contract early ».

Often, the head of an organization is appointed or elected to the position, setting him a probationary period. If during the probationary period the manager decides to leave, then the warning period here will be regulated h. 4 tbsp. 71 of the Labor Code of the Russian Federation... The dismissal of the general director in this case must be with a written warning three days in advance.

Founder's Notice of Director's Dismissal: Sample

This document is intended to bring to the attention of the participants (participant) that the sole executive body intends to resign, as well as to come out with a request to convene a general meeting. This document is not provided for by the norms of labor law, but it is fully justified in the field of corporate law.

If there is only one founder in the company, then the notification will be in the nature of a statement. The sole participant notification form can be as follows:

To the only participant of LLC "____"

Full name

NOTIFICATION

I hereby notify you of my intention to terminate the employment contract from 15.05.2017. I would like to ask you to organize the procedure for receiving and transmitting documents and valuables.

The proper notification will be the sending of this document by registered mail with a list of attachments.

Often in practice, conflicts occur when no reaction from the company's owners follows the notification or statement of the CEO. And here comes the conflict between the norms of labor and corporate law.

On the one hand, the Labor Code of the Russian Federation proclaims freedom and the ability to terminate the contract at will at any time, on the other hand, the norms of corporate law impose a number of obligations on the sole executive body and the functionality that can only be performed by the head.

Simply leaving your position, even with the observance of the entire procedure for notifying owners and terms, endangers the activities of a legal entity - the impossibility of conducting financial transactions, conducting personnel policy, signing documents with employees, issuing powers of attorney, making transactions, etc.

Procedure when it happens dismissal director of an LLC at his own request in a conflict with the owners, dictated by the balance of interests of the director and the legal entity. It is more reasonable if the manager who wants to leave the position sends a statement to all the addresses of the legal entity known to him and to the address of each of the participants, indicating the intention to leave the position from a certain date in a month.

After the expiration of this period, if the participants have not convened a meeting, have not dismissed him from office and have not elected another director, it is advisable to apply to the arbitration court. It is necessary with the requirements to recognize the inaction of the founders as illegal and to dismiss him from his post.

Prior to the entry into force of the court decision, it is necessary to perform their functions and protect the interests of the company. After all, until a leader is dismissed from office, his inaction can harm society, which means that there is a risk of a number of disputes. This way of leaving in a conflict situation is also beneficial for the leader himself, because from the date of the court decision, he is released from liability for a legal entity. And his inaction in relation to the company cannot be punished.

Download related documents:

Dismissal of the director of an LLC of his own free will: registration

The procedure for dismissing the director of an LLC of his own free will contains a number of actions inherent in the registration of the departure of any employee. If a case transfer procedure is organized, it is usually completed by the time the order is issued. Based on the results, an appropriate act is drawn up.

The order is issued with a reference to the grounds for dismissal (application or notice), the date of termination of the employment contract, and the norms of the Labor Code of the Russian Federation. The retiring manager gets acquainted with the order against signature. The basis may be the decision of the sole participant or the minutes of the general meeting of participants (shareholders), which reflects the decision to dismiss the general director from office. Then this document is indicated in the work book as the basis.

Information on the termination of the contract at the initiative of the employee is entered into the employee's personal card. In the corresponding field of the card, the resigning manager signs in confirmation of the fact of receiving a work book.

On the day of resignation, the director is issued with all the necessary documents related to the work.

On the last working day, the manager receives payments that are provided for by the Labor Code of the Russian Federation - wages for the worked period, compensation for unused vacation and others. No other compensation and so-called "parachutes" are paid in this case, because this is not provided for either by the norms of the Labor Code of the Russian Federation, or by agreement of the parties (when leaving at their own request, a written bilateral agreement is not drawn up).

In a situation where the manager leaves, it is necessary to take a number of other actions related to the termination of special powers under the law.

So, information about the change of the head is entered in the Unified State Register of Legal Entities - the organization is obliged to notify the registering body about the change of the sole executive body within three days. Otherwise, the organization faces a fine in accordance with clause 3 of Art. 14.25 Administrative Code of the Russian Federation.

A number of organizations consider it necessary to notify their counterparties in writing about the change of the head. Of course, it is necessary to notify the credit organization serving the society and to reissue the card with samples of signatures and seals.

Application for dismissal of the general director of LLC: sample

As we can see, the procedure for dismissing the CEO is much more complicated than for ordinary employees. It is worth approaching the paperwork very carefully, because in this case, the increased risk of disputes arising not only under labor legislation, but also under the rules governing the activities of legal entities.

According to the labor code, any employed person can decide to quit their jobs of their own accord. It is enough for this to express your desire in writing in the form of a statement and after a while stop working in the company. But you can resign from some positions, but with very great difficulties, so as not to break the law. One of such cases is the dismissal of the general director of an LLC of his own free will.

As soon as a leading manager decides to leave the job of his own free will, various legal obstacles immediately appear that prevent him from resigning and complying with all the laws.

Any other employee of the company for dismissal of his own free will submits an application two weeks before the specified date. The general director is obliged to notify the company one month in advance in writing. This is dictated by the fact that he is responsible for all processes in production, reporting.

The General Director is the sole executive body of the company and is responsible for the legality of the actions carried out by the company... It will take a lot of time to find a new competent top manager to replace the current one in a leading position. Yes, and paperwork for the dismissal will take a long period of time. Early filing of the application is also important for the CEO himself, in order to clearly distinguish between the time when he was a leader and the time of avoiding decision-making.

The definition of the general rights and obligations of the head of the LLC is made at the meeting of the company's participants. Only it has the right to choose the executive positions of the company or terminate their powers.

The general director must inform the general meeting of participants about the intention to dismiss. He has the right to convene it at any time. to address cardinal issues in the public interest. The society can ignore the decision of the leader to resign and not look for a replacement for him.

Infringement of rights and unauthorized dismissal

The free decision to work is enshrined in Article 37 of the Constitution of the Russian Federation. And forcing a person to work with coercion is prohibited by the Labor Code of the Russian Federation. The meeting of the company is called upon to accept from the director a statement of the desire to resign and they cannot refuse him. By inaction, members of the general meeting abuse their rights, but the situation with the dismissal of the CEO cannot be hopeless... The transfer of affairs to another person is made in order to delimit the degree of responsibility in time between the two leaders.

The first and important step is to convene the participants of the general meeting. All persons falling under this category, written invitations are sent indicating the time and place of the meeting... It is better to send such mailpieces with a description of the internal attachment. If the board members ignore the message, the manager will have a receipt with a description, a mail stamp, and an inventory.

Sometimes the situation develops in such a way that it is known in advance that the intentions of this representative of the meeting not to appear to resolve the issue of dismissing the director, then you can speed up the process by enclosing two documents at once in a valuable letter: an invitation to a meeting and a letter of resignation of your own free will. The conclusion is that it is imperative to notify the negligent members of the general council, and it is imperative to collect documentary evidence about this.

In some societies, there is a procedure for notifying its members about the holding of a general meeting by registered mail, the type of which does not apply to a valuable letter. In this case you need to duplicate the notification also by registered mail, in order to comply with all the formalities, to which it was impossible to find fault.

If the general director is sure that his desire to dismiss of his own free will has been communicated to all participants in the general meeting, he can terminate his activities a month after this event. His dismissal can be considered valid, it remains only to formalize this by an appropriate order for the company, which he himself can initiate. He can also make an entry in the work book on his own.

Highlights on CEO resignation

The problem remains unresolved in the issue of registering a director in the unified state register of legal entities as the sole executive body of an LLC. This situation is difficult and insoluble until a new general manager of the LLC is found.

A legal organization is obliged to submit to the tax authorities all changes concerning its sole executor. But the application form to the register should contain information about the new director, and not about the fact that the old one no longer works. Since the last CEO of the LLC terminated his powers, he no longer has the legal right to file an application with the tax authority, since he is not a leader and cannot act on behalf of society without a power of attorney to conduct business. That is, the retired director simply will not be able to submit documents and change the registration data on the termination of his powers.

It is possible to completely change the registration data in the register only after the company accepts the appointment of a new person to the position of the general director of the LLC and notifies him of his new data in the registration unified register of legal entities. Basically, the old CEO shouldn't be worried. it is much more important to think about the affairs of society that he controlled.

Work Transmission

If all the conditions for the director's self-dismissal are met, he can notify all members of the LLC about convening a meeting to transfer affairs to another person. The notification takes place according to the scheme described above with the preservation of all receipts and inventory. If there is no suitable candidate for the post of general director of the LLC by this time, the company has the right to instruct one of its members to take over from the director and formalize it with an appropriate act.

The date of dismissal of the manager is of great importance, after which he is not responsible for the unlawful actions of the company. If violations were revealed during his time in power, then he will have to answer for them in full.

The legislation does not directly indicate the procedure for the transfer of affairs by the former general director of an LLC of his duties, rights and documentation, therefore, a person who resigns from such a responsible position needs to insure himself and not commit illegal deeds.

Procedure for the CEO.

  1. Funds that are in cash at the firm's cash desk must be handed over to the bank by completing this action with an appropriate document.
  2. At the time of dismissal, it is imperative to report all taxes, put documents in order, sign deferred important contracts and terminate outdated ones. It is worth paying all due taxes and debts to counterparties, it is advisable to pay wages to employees.
  3. It is recommended that all current accounts of the company be closed. Sometimes some of them have funds and this does not allow closing the account. In this case it is necessary to notify the bank's management in writing about the director's dismissal and the impossibility in the future to make any monetary transactions on behalf of the former head and with his signature.
  4. The bank director's notice is left in two copies with his signature, one remains with the former director.
  5. Although the law does not provide for the notification of the tax authorities about the dismissal of the old director, it is still necessary to do this. The best way is to describe this in a simple letter, in which you notify the authorities that the dismissal took place in compliance with all the letters of the law. Such a step is necessary so that in the near future after leaving there are no problems with questions from the tax authorities, for example, about disrupted reporting deadlines.

A situation arises when the process of transferring important documentation to a new director is not possible, then the question arises of preserving securities valuable from a material and ideological point of view. Each director decides this issue independently, taking into account the circumstances.

The General Director has the right:

  • store documents at your own peril and risk yourself;
  • conclude an agreement with a reliable archival organization and keep important papers there. The contract must contain a clause on the possibility of issuing documents at the written request of the company;
  • the general director can deposit the papers for safekeeping to a notary in the prescribed manner on behalf of the LLC company, so that the new top manager of the company can pick them up for further use in work.

Actions of a notary

An employee of a notary office can accept for storage documents with or without an inventory, if the packaging is safe and not damaged. In this case the envelope bears a personal seal and signature of the notary... Since that time, he is personally responsible for the safety of the papers:

  • certifies and fixes the time of deposit of documents;
  • accepts in deposit cash, material values ​​and a package of securities that are kept by the future director, if there is no person appointed for the transfer. In this case, the company LLC acts as a creditor;
  • accepts documents and papers of the LLC company for storage;
  • issues a certificate of delivery of documents to the bearer.

Determination of evidence by a notary

The general director can apply to the notary's office to provide evidence that he has performed all the actions necessary for the safety. For example, locking the cabinet with a key or handing over any documents to ordinary persons of the company for solving day-to-day issues can take place in the presence of a notary.

The notary has the right to interrogate witnesses, inspect material and paper evidence. If necessary, appoints an examination for integrity and intactness.

The notary is guided by the norms of civil procedural legislation to establish the procedure for the process of providing the interested parties with evidence. The notary appoints the time and place of the procedural action but if one party did not appear, this cannot be an obstacle to the determination of evidence.

The former manager, when transferring cases, can use the services of a notary to secure the indicator of witnesses, participants in the LLC. This can further confirm the fact that meeting invitations and letters of resignation have been sent out. Ordinary employees of an LLC can also testify and confirm information about the director's dismissal, confirm other actions of the former leader.

The general director may ask to inspect the premises, valuables, documents on their safety and to certify its results by a notary. Documents issued to the former general director of the LLC on securing evidence, in the event of a conflict, can be additionally considered by a court or other body.

In order to resign the general director of an LLC of his own free will in the absence of the initiative of the members of the board of the company to let him go, you need to go through a difficult path. But the day will come when the former leader will feel free and it is worth fighting for.

The director of a legal entity, with the organizational and legal form of management in the form of a limited liability company, is an employee who is subject to the norms of the Labor Code of the Russian Federation.

Dismissal letter

The head of the company is also its sole executive body, the activities of which are governed by the legal regulations relating to the LLC. They imply the need for prior termination of office. The grounds for dismissing a director are identical to those of ordinary employees, but the procedure for the event is different.

Dismissal procedure

The dismissal procedure implies the registration of the termination of the employee's labor duties.

To dismiss a full-time employee, it is enough to notify the employer in writing of your desire to terminate the employment contract two weeks before the event, after which:

  • the employee receives the earned money;
  • the employer's representative makes an appropriate entry in the work book;
  • the employee acquires the status of dismissed, unemployed and no longer related to the production activities of the company.

Registration of the dismissal of the director of an LLC of his own free will is carried out according to a different scenario, which involves the implementation of mandatory measures related to the termination of powers and registration actions in authorized bodies.

How to fire an LLC director of your own free will: a step-by-step procedure

Algorithm for the dismissal procedure

The dismissal of the head of the company occurs in accordance with the norms and requirements that complement and clarify each other:

  • Labor Code of the Russian Federation;
  • Legislative acts regulating the activities of limited liability companies.

The procedure for releasing a manager from obligations is carried out in several stages:

    1. Notification of founders about an upcoming event at least 30 days before its occurrence. The event must be conducted by drawing up a letter in the form of an application and mailing it with the option of notification. A sample application for the dismissal of the general director of an LLC will help to correctly draw up a document.

Dismissal letter

    1. Initiation of the meeting by the chairman of the representatives of the governing bodies immediately after receiving notification from the director.
    2. Conducting a meeting, the agenda of which is the issue of the early resignation of the duties of the head and the appointment of his successor.
    3. Making a collegial decision, implying the dismissal of the manager of his own free will.
    4. Registration of the protocol, which is a document justifying the resignation of powers of the head.
    5. Issuance of an order to terminate employment. The document must be issued in the T-8 form.

Sample order of dismissal

  1. Making an entry in the work book indicating the registration information of the drawn up protocol.
  2. Certification of an entry in the work book by an authorized representative of the company and its seal.
  3. Informing the competent authorities about the event.

Read also: Certificate of income 2-NDFL - what is it

Reasons for resigning

Dismissal of the general director of his own free will is carried out in situations provided for by labor legislation, implying general special or additional grounds for initiating the procedure.

Reasons for dismissal

General

The general grounds for the head of the company are identical to the circumstances characteristic of ordinary workers:

  • expiration of the term of the employment contract;
  • unwillingness to hold office;
  • transfer to another place of work.

Special

Special grounds are typical for company leaders in situations:

  • sale or donation of an LLC, which entails a change in ownership;
  • failure to fulfill the assigned duties;
  • unlawful actions that entailed a violation of the safety of property.

Additional

When carrying out liquidation measures of a limited liability company, a mandatory measure is the removal from office of its head.

Filling out the work book upon dismissal of the director

Notification to notified bodies

The Tax Service must be notified of the change of the head of the company within three days, from the date of dismissal of the former director, in order to make timely changes to the unified database of legal entities.

Specialists of the authorized body demand that the event be held by the former director, since the new management does not have the right to perform legal operations, including the signing of documents, until changes are made to the unified database.

Unified base for registration of legal entities

This necessitates the inclusion of additional sections in the rule for the procedure for dismissing the director:

  • drawing up a notification application;
  • certification of a document by a notary;
  • personal visit to the Tax Service and submission of the document.

How to issue a dismissal if the director is the founder

If the director and founder of the company are one person, then you can relieve yourself of duties at any time. In this situation, the employment of the director who is the owner is not influenced by the norms of the division of labor regulation, reflected in the labor legislation.

Dismissal of the head of the LLC is carried out in accordance with his sole decision.

Dismissal can be issued according to several schemes, the choice of which determines the rules for formalizing the procedure:

  1. On a personal request, which necessitates an entry in the work book, in accordance with the general procedure for filling it out, referring to the personnel order.
  2. By the decision of the participant, as a result of which it is necessary to reflect the record of dismissal in the work book at the initiation of the authorized body of the company with a reference to the corresponding decision.