Dismissal general director By at will is a rather difficult task associated with the burden of responsibility to the enterprise and the shareholder community. However this process, will definitely be within the capabilities of such a qualified specialist as the director of an LLC.

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Where to start

Having made a 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 fundamentally distinguish him from ordinary employees of the enterprise. Since an official of such a high rank must notify management a month before dismissal (ordinary workers are entitled to a period of two weeks).

First of all, the director must take into account in advance, before making this decision, factors related to work activity, namely financial and other forms of responsibility, by properly closing current accounts or notifying banks about the imminent resignation of his powers. Take care to exclude the possibility of being held accountable 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, one should, using the right given by the law of the Russian Federation (Article 33 Federal Law dated 02/08/1998 No. 14-FZ, hereinafter Law No. 14-FZ), convene all members of the LLC board.

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. Therefore, the CEO needs to make every possible effort and means to bring the society together. Which, in turn, may be accompanied, if the manager clearly desires to leave his post and there is a lack of understanding on the part of the LLC, with some obstacles on the path to resignation. However, you should not be upset, since the principle of freedom of labor is assigned to every employee of the enterprise (Article 37 of the Constitution of the Russian Federation and Article 2 of the Labor Code of the Russian Federation). It is only necessary to pay some attention to the legal difficulties 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 general director should act only according to the letter of the law, using all available bureaucratic tools. First of all, it is necessary to send notices of the convening of the meeting to the members of the meeting, to which a letter of resignation must be attached. To do this you need to send by registered mail notification to all available addresses of the founders. The sending of the notice should be documented. Only in in this case, the letters will be considered a document that informed employers.

If the meeting of LLC members did not take place, guided by the principle of freedom of labor mentioned earlier, the general director may issue an order after the expiration of the notice period. Since convening a general meeting is necessary for the manager only to accept his application. Being 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 by drawing up and signing 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, production of work book forms and provision of them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225).

Transfer of cases

At this stage, it is necessary to exercise the most scrupulous caution, since the technology of transferring affairs by the sole executive body of an LLC, in case of dismissal at one’s own request, is not provided for in the legislation of the Russian Federation. If the members of the company's board met the manager halfway and took certain measures to facilitate the dismissal and appointment of a new general director, no difficulties should arise. Under favorable circumstances, the dismissal process will be much easier. The general director who decides to leave his post must transfer to the person on whom the LLC has entrusted the burden of the chief director of the enterprise, documentation and property of the organization, and also notify the tax authority (Articles 17, 18 of Law No. 129-FZ) about the change in the sole executive body of the legal entity by filing application to the tax authority form P14001 (Resolution of the Government of the Russian Federation of June 19, 2002 N 439). However, in the absence of favorable conditions, that is, the company has not been assembled and a new leader has not been selected, the resigning general director will face some difficulties.

Leaving without transferring the case

After all the deadlines have expired, the manager should get rid of the documentation and property of the enterprise. Most suitable means For this purpose the services of a notary are provided. Since according to the law of the Russian Federation (Article 35 of the Fundamentals of Legislation Russian Federation on notaries dated 02/11/1993 N 4462-1) notaries have the right:

• accept documents for storage;
• accept cash and securities as deposits;
• confirm the time of presentation of documents.

Thus, the general director who decides to part with his position is obliged to hand it over to the notary according to the inventory or in a sealed bag necessary documents enterprises, printing, and also depositing company values. However, documents and valuables should be submitted on behalf of the organization. In this case, the newly elected general director can take away all documentation and valuables from the notary, regardless of the amount of time that has passed; the notary, in turn, is obliged to attest to these actions of the departing manager, such as the date of delivery of documents, valuables or the authenticity of the seal of the sealed safe. In addition, you can also deposit documentation in archives (private or public). At the same time, it should be emphasized that in this way the dismissed general director, 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 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 legal entity must inform the tax authority about any changes in the information about its sole executive body contained in the Unified State Register of Legal Entities. This notification occurs in accordance with the above rules (Articles 17, 18 of Law N 129-FZ) and requires filling out an application form P14001, in which there is little talk about the resigning person, but more about the assumption of the position of a new general director. And if it is absent, this notification will not be issued. Thus, the resigned 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 members of the society have been notified, the order has been signed, the entry has been made in the work book, and the scepters of power are with the notary. The main thing is for the resigning CEO to clean up the “tails” in a timely manner and follow the following action plan:

• 1 - call a meeting:
• 1.1 – if convening a meeting is impossible, notify members of the company by registered mail;
• 2 - after the expiration of the prescribed period, independently organize measures for your own dismissal:
• 2.1 – draw up and sign the order;
• 2.2 - make an appropriate entry in work book;
• 3 – transfer affairs to the newly elected general director:
• 3.1 – transfer the affairs, documents and valuables of the enterprise;
• 3.2 – change the information in the Unified State Register of Legal Entities about the change in the sole executive body of the company;
• 4 – in the absence of a newly elected general director:
• 4.1 – transfer documents and valuables of the company to a notary;
• 4.2 – witness 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 the LLC, using the legislation of the Russian Federation and bureaucratic mechanisms modern society, can leave the enterprise without any legal prosecution or consequences. You just need to remember these four points and, as you go through them, carefully follow each of the sub-points and find out the undisclosed or unclear nuances.

Any employee of the organization can resign at will. The leader is no exception.

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How to formalize the voluntary dismissal of the general director of an LLC in 2019? The CEO is vested with unlimited powers within his organization.

Accordingly, his responsibility is quite great. Due to these factors, the process of dismissing a manager becomes somewhat more complicated, even if done at will.

What is the correct way to fire the CEO at your own request in 2019?

Highlights

According to the Labor Code, every employee has the right to resign at his own request. To do this, it is enough to express such a wish in writing and, after proper registration, interrupt your work activity.

But certain positions require a special dismissal procedure. This is due to the large volume.

An example of such a situation is the voluntary dismissal of the general director of an LLC.

When an LLC manager wishes to cease operations voluntarily, careful compliance with the delegation of authority is required.

The slightest legal inaccuracy leads to a violation of current legislation.

For any employee of the organization, the process of dismissal at will consists of submitting an application two weeks before the final payment date.

Notification from the general director must follow no later than a month in advance. The reason is that it is the manager who is responsible for everything production processes and preparation of proper reports.

The general director is the only executive body of the LLC. He is responsible for the legality of all actions carried out by the company.

Therefore, dismissal will require a long documentation. In addition, it will take a lot of time to find a suitable person to replace the manager.

Advance notice of dismissal is also important for the director himself.

In this way, he distinguishes between the periods when he carried out leadership activities and the period of withdrawal from making management decisions.

The rights and obligations of the LLC director are determined by the general meeting of all participants. Only it has the right to appoint a head and terminate his powers.

Before dismissal, the general director must notify the founders of the company. For this purpose, he has the right to convene a general meeting at any time.

What is it

The head of an LLC or CJSC is the sole executive body that manages all current activities of the organization.

However, an ordinary employee can leave his job exactly two weeks later, regardless of the employer's wishes.

In some cases, settlement without working out is possible. In the case of a director, he cannot resign from his post until he completely surrenders his powers and transfers the affairs.

The transfer of affairs is necessary in order to differentiate the degree of responsibility over time between two managers, the resigning and the newly appointed.

The dismissal of the general director is also complicated by the fact that the director is the representative of the LLC registered in the Unified State Register of Legal Entities.

The legal entity is obliged to notify the tax authorities of all changes regarding the sole executor. Moreover, the application submitted for this purpose contains information about the new director.

As soon as the general director resigns, he loses the right to submit an application to the tax office.

That is, a resigned director cannot independently submit documents to change the registration data on termination of powers.

Changes to information in the Unified State Register of Legal Entities occur only after a new person is appointed to the post of manager. It will submit the required application on its own behalf.

An important point is the transfer of cases. The retiring general director must hand over all matters to the new manager.

In the absence of such a case, one of the founders can accept it. But the whole process must be formalized by appropriate acts.

What could be the reasons

There are several reasons why a CEO may be dismissed at his own request. OJSC or LLC does not matter, the list of grounds is the same.

Some correspond to the dismissal of ordinary employees, others relate to special rules regarding a managerial employee.

Reasons for dismissal of a CEO may include:

• own desire;
• expiration of validity period employment contract;
• agreement of the parties;
• initiative of the founders on the grounds set out in Article 81 of the Labor Code;
• additional grounds predetermined by the employment contract;
• initiative of company participants without specifying a reason;
• change of ownership of company property;
• removal from office of the head of a bankrupt company;
• dismissal of a manager due to liquidation of the organization.

Legal aspects

The dismissal of a manager at his own request is regulated.

The procedure for dismissing the general director of an LLC at his own request

For all employees, including the manager, the employer is the LLC. It operates through its governing bodies.

And upon dismissal, the general director is obliged to notify the highest management body of the organization:

• general meeting of founders;
• the only participant.

In theory, the director does not need the permission of the company's participants to dismiss; he can formalize his own dismissal.

But the members of the society must appoint a new leader. Which necessitates the convening of the meeting. In addition, it is necessary to transfer the affairs of the society.

Absolutely all participants must be notified thirty days in advance of the meeting. When notifying by mail, you should take into account the delivery time of the letter from .

Stages of the procedure

The process of dismissing a CEO at will consists of the following steps:

Notification of Participants	About holding a meeting and upcoming dismissal
Acceptance and approval of the minutes by the meeting	Or the decision of the sole participant to terminate the employment contract with the director. In this case, the reason for dismissal must be indicated.
Issuing an order to terminate the contract	And its registration in the journal of such documents
Transfer of affairs by the manager	And the property of the organization according to the act
Payment of all due amounts	Based on the formalized
Making an entry about dismissal in the director’s personal card ()	B familiarization with it to the director against signature
Making a notice of dismissal	In the work book and handing it over to the former manager
Bank notice	On the termination of the powers of the General Director
Notification within three days from the date of appointment of a new director	Federal Tax Service on changes in registration information with submission

The powers of the director terminate from the moment the order is issued, the entry is made in the work book and the cases are transferred to them.

Documentation

The process of dismissing a manager begins with him submitting a corresponding application. Next, a notice of the general meeting is drawn up and sent to all participants.

Regardless of the reason for the dismissal of a director, it is necessary to draw up the minutes of the general meeting or the decision of the sole founder.

Based on decision taken An order is issued to dismiss the general director. Next, a proper entry about the dismissal is made in the manager’s work book, indicating a link to the protocol or decision.

The director, according to the act, transfers affairs and property to the newly appointed manager or one of the company participants. From this moment on, the general director is considered fired.

We form an order

An order for the dismissal of the general director is drawn up using.

This is standardly used to dismiss any employee of an organization. According to Article 84.1, the director himself issues the order, endorses it himself and signs for familiarization.

If the company does not use unified forms, then the order can be drawn up according to its own approved template that meets the requirements.

The order states:

• title of the document and date of preparation;
• name of the organization;
• type of document;
• description of the fact, namely the personnel decision;
• name of the position of the responsible person, his signature with a transcript.

How to write an application

The general director's application for resignation at his own request is drawn up in free form. There is no unified option for this.

When writing, standard wording is used - “I ask you to resign at your own request.” The employer is not required to indicate specific reasons.

The employer has no right to demand any explanations. If it is necessary to reduce the time and leave without working, write down the date on which dismissal is desired.

Video: how to fire a director

The date and signature are placed under the text. The application is submitted at the general meeting or may be attached to a notice to the company's participants.

Recording in labor

An entry in the work book of the general director is made in accordance with generally accepted rules.

That is, the date is indicated, a direct written statement of the fact of dismissal, the basis and a link to the supporting document.

The details of the general minutes of the meeting of company participants or the decision of the sole founder are indicated as the basis document. The record is certified by the seal of the organization.

In case of inaction of LLC participants, the director can independently formalize the procedure for his dismissal.

What payments are due?

The law stipulates two cases when a director receives compensation upon dismissal. This is a change in the ownership of property or the dismissal of a manager by the founders without explanation.

The amount of compensation in this case is not less than three monthly salaries.

A compensation payment of one month's salary, with the preservation of average earnings for a period of up to two months, is due to the director of the LLC upon liquidation of the organization.

The settlement by agreement of the parties is not accompanied by mandatory compensation, but in practice the parties determine a certain amount of severance pay independently.

In case of dismissal of the general director at his own request, compensation is not provided by law.

However, there may be a condition for severance pay upon dismissal on this basis.

Its amount is limited only to heads of government agencies and organizations with a state share of ownership of more than fifty percent.

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 the specifics of the procedure in advance.

Reasons

The CEO can only be fired if there are compelling reasons. Their list is clearly indicated in the current legislation of the Russian Federation.

Reasons for stopping interaction with a person holding this position may include:

1. General grounds for dismissal, enshrined in Articles 77, 81 and 83 of the Labor Code of the Russian Federation. Thus, the general director may leave his post or cease activities due to the end of the cooperation period.
2. Special grounds. The CEO may be asked to leave his position if his decision entails a violation of labor obligations or the provisions of current legislation. A similar procedure can be performed if there is a change in the owner of the property of a particular organization.
3. Additional reasons. The CEO may be removed from office if he has declared bankruptcy.

There are other grounds on which a CEO can be fired. Such an action is carried out if the person holding the position has committed a crime or other illegal actions.

What does the law say?

Before proceeding with the procedure for dismissing the general director, it is worth familiarizing yourself with the current legislation of the Russian Federation. The peculiarities of the manipulation are regulated.

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

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

• a person holding the post of general director can unilaterally terminate labor agreement by notifying the employer 14 days before the planned date of termination labor activity, unless otherwise provided in the contract;
• an employment contract can be terminated earlier than the specified period, but only with the consent of the employer;
• if the general director is unable to fulfill his duties due to health conditions, the termination of cooperation is carried out one day;
• before the deadline for termination of employment, the general director may withdraw the resignation letter, regardless of the opinion of the founders of the LLC;
• when the service period ends, the general director has the right to terminate employment even if the employer has not properly carried out the dismissal procedure.

Dismissal of a CEO differs from the classical procedure. Thus, the notice period can be increased from 2 to 4 weeks. In fact, the CEO is required to notify himself.

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

Dismissal of the General Director

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

By agreement of the parties

If the dismissal of the general director is carried out, the participants in the procedure will have to go through the following stages:

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 the founders is held, at which a decision is made regarding the dismissal of the general director and the main points of the agreement are discussed.
3. An agreement is drawn up. The employee must read the paper and sign it.
4. An appropriate order is issued.
5. An entry is made in the general director’s work book with reference to current legislation.
6. The tax authority is notified. The action is carried out within three days.
7. A work book is issued.
8. Provided.

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

At your own request

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 drawn up. Instead, minutes of the meeting are drawn up, which record the decisions made by the founders.

If he is the only founder

If the General Director is the sole founder of the Company, the dismissal procedure follows a simplified procedure.

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

In this situation, the general director independently decides on his dismissal. A record of voluntary dismissal is made in the employee’s work book, indicating the relevant provisions of the current legislation of the Russian Federation.

Upon liquidation of an LLC

If the LLC is liquidated, the resignation of the general director is part of the mandatory measures. The law does not allow the old manager to retain managerial functions.

Responsibility for compliance with the norm lies with:

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

They are the ones who make the decision to dismiss the general director and carry out other measures to remove the powers of the former management team of the LLC.

By decision of the founder

The founders of the LLC can also decide to dismiss the general director. The verdict on termination of cooperation is adopted at a general meeting. It is drawn up in a protocol that records all the features of the event.

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

Procedure

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

Sample application

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

The paper must reflect the following information:

• the addressee to whom the application is sent;
• position and full name of the employee who compiled the application;
• a request for dismissal indicating the date of termination of cooperation;
• document submission date;
• applicant's signature with 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 the unified form T-8. The order is issued by the general director himself.

The procedure is carried out on the employee’s last working day. The text of the order indicates the grounds for dismissal with references to the relevant regulations.

Entry in the work book

The founder of the organization contributes. The document indicates the reasons for dismissal with references to relevant regulations.

Resigning as a director of an LLC at his own request is a task that requires strict adherence to a certain procedure, namely agreement with the founders, making changes to the documentation, as well as notifying authorized government bodies (when appointing a new director). Below we will consider how this process is organized in relation to Russian legislation.

The head of the company and his powers

The general director is the governing body of the LLC, which has the right to act on behalf of the company without issuing a power of attorney. On his “shoulders” lies responsibility for the state of the business and compliance with legal norms. In addition, the general director is responsible for actual damage that the organization may incur in the course of its activities.

To understand how the general director of an LLC resigns, it is worth clearly understanding a number of points. The main body authorized to dismiss or appoint the head of the company is the general meeting. But there are situations when participants withdraw themselves from such decisions, which complicates the process.

The obligations and rights of the employer are carried out by the management bodies of the LLC, which is prescribed in the Labor Code of the Russian Federation (Article 20). As for the rights and obligations of the general director, they are also fixed by law, but in Article 33 of Federal Law No. 14. It is also stated here that the hiring of such an employee and his release from duties is the right of the general meeting.

Here it is worth highlighting Federal Law No. 14 and its Article 31, which states that dismissal at will is possible. All employees have this right, and the manager is no exception. But with this type of dismissal, many nuances must be taken into account. Violation of the law may lead to a number of problems in the future, including with the appointment of a new director.

The head of an LLC can resign on his own, without the help of lawyers. It is enough to follow the recommendations described below.

Step #1. Notification of company founders

To initiate the voluntary dismissal procedure, the general director must notify the general meeting of the company 30 days before leaving. It is important that notification took place taking into account the requirements of the law and the norms of the LLC charter. To begin with, a notice of the gathering of founders for an extraordinary meeting is generated, after which the information is sent to the addresses registered in the register of participants. The document must indicate:

• Date.
• Place and time of the meeting.
• Agenda issues. In relation to the case under consideration, it is stated that the main issue is the dismissal of the manager’s duties, as well as the appointment of another general director.

Simultaneously with the notification, an application for dismissal of the manager at will is sent. The specified papers are sent by mail with the condition of notification of receipt of correspondence. A list of attachments in the letter is also required. If these procedures are followed, the notification to the founders of the LLC can be considered correct. The requirement discussed above is reflected in Federal Law No. 14, Article 36, paragraph one.

The same Federal Law No. 14, but Article 35 states that the director of an LLC has the right to convene a general meeting when solving vital issues of the company. The decision to quit voluntarily can be classified as such. Within a 30-day period, the founders must find a replacement for the old director of the company. If this fails, the director of the LLC has the right to convene a meeting again to transfer affairs. In practice, the functions of an interim manager can be assumed by any of the founders. All that is required for this is to decide on a suitable applicant and draw up the appropriate act.

Step #2. Drawing up an order

At the next stage, an order for voluntary dismissal is filled out, and a corresponding entry is made in the work book. If the director of an LLC has sent out letters to everyone, but the founders of the company ignore the general meeting, he has the right to use the Labor Code of the Russian Federation (Article 2), as well as the Constitution of the Russian Federation (Article 37), which reflect the principles of freedom of labor.

Thus, Article 2 of the Labor Code of the Russian Federation states the inadmissibility of forced labor. This means that the founders do not have the right to prevent the dismissal of the general director of the LLC at their own request. In this case, a meeting of participants is required only to formalize this desire and accept the completed application.

Taking into account the fact that the director has the right to terminate the employment agreement at any time, the inaction of the founders can be classified as an abuse of right. Consequently, the manager may, upon completion of the 30-day period from the date of notification, cease his activities (resign), relying on Article 80 of the Labor Code of the Russian Federation. To do this, simply fill out an order and sign it.

Moreover, the director of an LLC has the right not only to resign at his own request, but also to independently make an entry in the work book. This possibility is stated in the Decree of the Government of the Russian Federation under number 225 (clause 45).

Step #3. Features of transfer of cases

There are no rules in the law that would clearly stipulate the procedure for transferring powers from a manager to another person in the event of voluntary dismissal. If organizing this procedure is impossible for various reasons, the issue of preserving the company’s papers should be decided taking into account current circumstances. In this case, the head of the LLC has the following rights:

• Keep LLC papers.
• Transfer documents to the archive, taking into account their return if there is a corresponding request from the founders.
• Hand over papers to a notary for safekeeping on behalf of the LLC.

In turn, the notary also has a number of powers, including certifying documents in the process of receiving them, receiving money for deposit storage, as well as accepting papers for storage. It is legally stipulated that the acceptance of documentation from the resigning director must be carried out according to the inventory. But upon request, another procedure is also possible - accepting papers without an inventory. This is true when the documents are properly packaged, and the packaging itself has a notary seal or signature of the person who provided them. In such situations, the notary takes responsibility for the integrity of the packaging. The director who deposits documents does so on behalf of the company. If the procedure is completed correctly, the new manager will be able to pick up the papers.

If the resigning manager has material assets in his hands, they can be transferred to a notary for storage in the absence of a person who could accept them. A specific LLC is indicated as the creditor.

To provide evidence, the notary has the right to interrogate witnesses and inspect physical and written evidence, as well as give instructions on conducting the examination. When performing these operations, the notary is guided by the provisions of the Civil Code of the Russian Federation. It also provides information to interested parties about the location and time of collection.

From the above, we can conclude that the manager has the right to turn to a notary to provide evidence. This may be confirmation that he closed the safe, handed over documents or material assets. Security is achieved through the involvement of witnesses, as mentioned above. In practice, LLC employees who know about the director’s desire to resign of his own free will can also be interrogated. At the same time, employees can confirm the execution of certain actions by the manager.

The manager who initiated the dismissal process may ask for the following tasks to be performed - inspecting the premises, material assets or papers. Documents provided by the notary and confirming the fact of security, if there are disputes, can be presented in court or another body where controversial issues will be resolved.

Step #4. Notification of the Federal Tax Service on the dismissal of the general director to make adjustments to the information from the Unified State Register of Legal Entities

Federal Law No. 129 states that if a legal entity changes information about its manager, it is obliged to report this to the Federal Tax Service in order to make amendments to the Unified State Register of Legal Entities. The notification process takes place by filling out an application (form P14001). Entities that have the right to submit such an application for state registration are specified in Federal Law No. 129.

As soon as the director of an LLC is dismissed, taking into account the requirements of the law, he loses the right to act on behalf of the company without a power of attorney. If the previous director managed to resign, and a new director has not yet been appointed, a situation arises in society where there is no one at all to act on behalf of the LLC. One more fact is worth noting. Form P14001 does not provide for information about the dismissal of the general director. There is information only about the new head of the company. If the paper is submitted in an unapproved form, the Federal Tax Service has all the powers to refuse registration. This means that the general director cannot make changes to the Unified State Register of Legal Entities only taking into account his dismissal. Data about the old leader will be available until a new executive body appears.

But this feature of the legislation does not at all limit the director’s right to resign at his own request. He can terminate his powers and not worry about the need to make appropriate changes to the Unified State Register of Legal Entities.

Results

Above we answered the question whether the director of an LLC can fire himself. Based on Russian legislation, this is possible even in cases where the founders ignore the invitation and do not come to the general meeting. The main thing for the leader is to strictly follow the procedure and warn the participants about the meeting. After 30 days, he can write a statement and resign.