The main job responsibilities of the General Director of LLC

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

In the article it will be possible to learn about the official duties of the general director of a limited liability company. What rights does he have, and what requirements are placed on him, his responsibility and the main points in the appointment.

Basics

The official who holds the highest-ranking administrative position in a commercial organization is called the CEO (President). The board takes place within the framework of the law in force on the territory of the Russian Federation.

Based on the Charter adopted by the founders of the company, the duties of the General Director of LLC are aimed at financial and economic, as well as production and economic activities in the interests of the company.

The Board of Founders or the Founder appoints to the post of General Director, as well as dismisses from it, any of the members of the Society or any other suitable individual. The General Director reports directly to the founders of the Company.

Assuming this position,the manager agrees to the irregular work schedule.

The rest of the senior employees (chief accountant, executive director and others) are subordinate 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 senior position. The duties of the deputy general director of an LLC are within the scope of his authority, while, assuming the position of general director at the time of replacing the head, he takes full responsibility for the company.

Managed by the CEO: Charter, regulations and employment contract solely in the interests of a limited liability company.

Duties of the CEO

The duties of the General Director of an LLC are as follows:

• Develops and approves the staffing table, service instructions for LLC employees, provides experienced personnel.
• Regulates the interaction of various divisions of the Company, ensures the execution of assigned tasks and manages economic and financial activities, resolves company issues at the level of legislative rights assigned to the position.
• Follows 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 preparationdocuments for obtaining a license or renewing it, for carrying out the Company's activities under the Charter.
• Delegates part of the authority to the heads of other departments, while retaining the ability to control their actions.
• Monitors the provision of the Society with the necessary property and its safety.
• Controls the implementation of the decision made by the Board of Directors of the Company.
• Monitors the performance of official duties, internal regulatory documents of LLC employees, if necessary, takes measures to eliminate violations.
• Acts in the interests of the Company in court, organizes the organization of accounting, monitors the preparation or draws up the necessary reporting forms.

Functions

Agreed functions lie on the shoulders of the CEO:

• Monitor the observance of legality in the actions of the Company.
• According to the Charter, manage the activities of the Company (economic and financial).
• Fulfill decisions of the Board of Directors of the Company.
• To act in the interests of the Society by organizing effective cohesive work of all structures and developing strategically beneficial plans for the Society.

Rights of the CEO

The rights and obligations of the general director of an LLC are closely intertwined and carry the following:

• To act in the interests of the Company without a power of attorney in various instances (state, third-party organizations).
• Maintain, draw up, sign documentation within the authorizedrights.
• Ability to open bank accounts.
• On behalf of the Company, cancel and conclude contracts.
• Manage the property and financial resources of the LLC.
• To bring to the general meeting issues that do not concern the competence of the CEO.
• Cut down and recruit.
• Issue powers of attorney.

In case of violations or positive achievements in work, impose disciplinary and material liability or reward the employee.

Structure of the service instruction

Applying the instructions to the position, the employee responsible for the fulfillment of his obligations has the right to choose a specific structure according to which it will be drawn up. Basically, the job description has the following sections:

• Basics.
• Functions.
• Responsibilities at the job level.
• Rights.
• Responsibility.

For a more detailed analysis and formation of an official instruction for the CEO, it is advisable to take into account the employment contract, the company's Charter and legislative acts. You can use special directories, which spell out the duties of the General Director of LLC.

Job requirements

Basic requirements for the duties of the General Director of LLC:

• A productive person.
• Availability of higher education (economic, legal orprofessional).
• Have at least five years of work experience (as a manager).
• Be proficient with a PC.
• Experience that matches the company's professional activities.
• Understand tax, civil, environmental, labor laws.
• Be aware of market conditions.

Among the job responsibilities of the general director 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 a previous job.

The job responsibilities of an assistant to the general director of an 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 by order of the CEO.

The job description is drawn up in free form. Higher education is a must, as is work experience. Knowledge in certain areas at the discretion of the CEO.

Liability

On the basis of Article 277 of the Labor Code of the Russian Federation, the General Director of the Company bears full liability for the damage caused to the company. The losses incurred by the company due to the actions of the head are compensated in accordance with the norms of civilcode by the CEO himself.

All cases that entail liability are prescribed by law. The calculation also takes place within the framework of the norms adopted by law.

Tax liability

The General Director is not subject to tax offenses, therefore he is not liable under these articles. Usually it is the chief accountant of the enterprise.

Criminal liability

Having committed crimes against the right and freedom of a citizen or any economic crime, the General Director 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 up to 7 years;
• heavy fine in excess of 300 thousand rubles and imprisonment up to 12 years.

Administrative responsibility

Administrative responsibility rests with both the legal entity and the general director of the LLC. This type of violation is established by the Code of Administrative Offenses or the laws of the constituent entities of the Russian Federation.

Depending on the degree of an administrative offense, the following pen alties are imposed:

• fine up to 5 thousand rubles. (business activity without a license, sale of goods or provision of services without a check);
• average fine from 5 thousand rubles. up to 30 thousand rubles (substandard quality of goods or services, unfair competition);
• large fines from 30 thousand rubles. and above (violation of fire safety,attracting foreign citizens is not within the law).

Currency fraud is the most punishable (fines can exceed 200 thousand rubles).

Procedure for appointment

Appointment to the position of General Director of LLC takes place after a decision is made on the election to the position by the founders of the Company. If there is only one owner, then he decides to accept the position of General Director.

Before concluding an agreement with the General Director, it is necessary to check for possible violations in the appointment procedure, the correctness of paperwork.

Before appointing a person who is not an employee, it is worth checking whether he performed the main duties of the General Director of an LLC at his previous place of work or was generally included in the register of disqualified persons (contact the tax service with a request).

In order to avoid disputes, it is advisable to follow the procedure for appointing the general director of an LLC.

After checking the selected person for disqualification, you can proceed to registration:

• drawing up a protocol on appointment;
• concluding an employment contract;
• signing the order of taking office;
• issuance of an order for admission to the organization, which will reflect the duties of the General Director of LLC;
• notification of the Federal Tax Service on the appointment of a new head.

Standard shapethere is no employment contract, so it is drawn up arbitrarily.

Appoint a new employee of the organization by the founders of 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 must be reflected in the decision of the sole owner. Information about the general director must be entered in the Unified State Register of Legal Entities.

The procedure for taking office is the same as with more than one founder. Except that the sole proprietor himself signs the order and concludes the employment contract.

The duties of the general director of an LLC are quite extensive, so before offering yourself for such a position, you should assess your capabilities adequately. Knowing what a great responsibility the CEO bears, weigh your priorities and if everything says yes, then the main thing is to follow the instructions when appointing to a position and try to act within the law.