Is a stamp placed on the organization’s orders in 2019? Let's consider the rules for using this requisite on administrative documents.
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The general rule for using seals on orders is that they are placed only if the order uses its own document form created by the organization.
Unified orders for personnel do not require such details.
If the enterprise has developed its own document forms and local regulations stipulate the presence of a seal, then it is affixed. This follows from Article 8 of the Labor Code of the Russian Federation and Articles 7, 9 of the Law dated.
Also, a stamp on the order is needed if the document is sent to external organizations, since it will certify its authenticity. The request for sealing may be made by the recipient organization, in which case a stamp is also placed.
The law gives the following list of situations when a seal is necessary. This:
The organization has the right to establish its own list of documents requiring sealing. And therefore, the employer can issue an order on employees using the seal for official needs. Usually these include top officials of the organization, heads of structural divisions, etc.
The order is stamped by the official who issues the order. If the order covers the entire enterprise, the signature of the manager and the stamp of the organization are required. And if the order concerns a specific department, and its head has his own seal, that is what is used.
Let's list the types of seals:
The scope of use of seals is regulated by the Unified State System of Records Management (approved). The seal details confirm the authenticity of a particular order, act, certificate, etc. Consequently, its use gives the document legal force and proves the legality of actions in accordance with it.
The location for the impression is called the location. It is placed at the bottom of the document, next to the manager’s visa.
note
It is important that the print does not coincide with the signature itself. It is acceptable for the seal to partially appear on the job title.
In personnel records management, it is customary to leave a special place on the document and mark it with the abbreviation M.P. This is a convenient technique to avoid damage to documents due to incorrect placement of the print.
Seals are kept by employees who have the right to use this requisite. The main round seal is at the disposal of the head of the organizational department most of the time. If the manager goes on vacation or goes on a business trip, it is handed over to the responsible employee against signature. A variety of simple auxiliary seals are issued to employees who require them in the performance of their official duties.
The storage locations for seals depend on their type. The main round seal (as well as the address stamp) is stored in a non-flammable sealed safe. It is enough to keep auxiliary stamps in a table that is locked with a key. Seals are kept in a special journal.
It is best when the employer introduces instructions regulating the use of seals. First, a list of documents certified by this requisite is established. The list is not final, it will be possible to add necessary changes. Their necessity is determined by the employer himself and is recorded in regulatory orders.
Next, instructions for using the seals are developed. It specifies the rules for affixing, storing and disposing of stamps, and records storage rules. The instruction is created as an addition to the organization’s charter or as a separate document.
From April 7, 2015, commercial firms (LLC and joint stock companies) may use the seal at their discretion. Now printing is the right of the company, and not its responsibility (Law dated April 6, 2015 No. 82-FZ). Accountants began to ask questions about how to respond to such a change. We answer the most popular of them.
No. Refusal to print is a new right for commercial organizations, not an obligation. The head of the company needs to decide for himself whether to continue using printing in his work or abandon it. If you are used to working with printing, you can still make any number of seals and stamps of any shape, color and degree of protection.
You can replace the seal electronic signature, special letterhead of the organization. Or holographic seals.
To do this, you will need to amend the organization's charter. The fact is that information about the presence of a seal is enshrined in this document. But if you create new company, you may not immediately include information about the presence of a seal in the charter.
To date, there is no official clarification on this issue. But the Federal Tax Service, Pension Fund and Social Insurance Fund explained the following. After the law comes into force, the company has the right to transfer any documents without a seal to the tax office and funds. The only request of the inspectors is that if the company decides to refuse printing, notify them about it in in writing. The letter can be composed in any form.
Among mandatory details the seal is not indicated (Part 2 of Article 9 of the Law of December 6, 2011 No. 402-FZ). Therefore, put a stamp on the primary document if:
– the company uses an independently developed form of documents, and it requires a seal;
– the company uses a unified form, which includes a seal. At the same time, the manager approved that the form is used without changes or the changes do not affect the seal;
– when applying standard mandatory forms established by authorized bodies (Government of the Russian Federation, Bank of Russia, etc.) on the basis federal laws, If standard forms include a seal.
In any contracts (purchase and sale, provision of services, etc.), you also do not have to put a seal. Place a stamp only when it is expressly provided for in the contract (Clause 1, Article 160 of the Civil Code of the Russian Federation).
It is still dangerous not to put a stamp in the work book when hiring (dismissing). And that's why. The rules for filling out work books still state that the entry on the title page and records of dismissal must be certified with a seal (clause 2.2 of the Instructions, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69). But in employment contracts from April 7, 2015 it is not necessary to put a stamp.
Editorial Board
Don't rush to give up printing just yet. Especially for those companies that already have a seal. It’s better to wait for official explanations from officials so that you know how to work without a seal now.
It is worth considering in more detail whether an LLC can operate without a seal, because Federal Law No. 82 of 2015 will leave many questions for company representatives. In particular, the mentioned law removed the obligation for JSCs and LLCs to issue their own seal. The initiators of the bill once assured that the innovation reduces the period for registering a company and allows you to go through bureaucratic procedures within one day. In fact, the consequences of such an initiative backfired on many organizations. About what we're talking about, let's talk below.
Considering the 2018 legislation and comparing it with last year’s laws, one can come to the conclusion that there are no big differences. It is based on the same Federal Law No. 82, thanks to which the use of a seal is not mandatory. If the LLC has made an appropriate decision and does not use the imprint in its work, this should be reflected in the organization’s charter.
More accurate answers can be gleaned from a series of orders that were issued at the end of 2016 by the Ministry of Labor (numbers 648, 588, and 589). With their help, it was possible to clarify a number of points, including in relation to the documentary base.
Let's consider the situation from real life. For example, an LLC does not use a seal, but at some point it is required to issue a certificate of income to calculate benefits to the employee. In this case, you will have to attach papers that would confirm the rights of officials to sign the certificate. This may be a state registration certificate or an individual’s passport. In addition, if there is a request from the FSS, you may be required to provide the same papers.
Thanks to the orders, we managed to solve another important nuances— the need for a seal on the pages of the work book. Previously, the Ministry of Labor obliged to put a stamp even if the company did not use such a tool in its activities. Subject to the available clarifications, the seal should be provided to those societies that use it. Otherwise, the rules and regulations for 2017 remain unchanged.
The law on LLCs and JSCs clearly stipulates the data that must be reflected on the organization’s seal. This includes the full name of the company, location ( locality), as well as the current organizational and legal form. The name must be written in Russian or another language. The law does not provide any further information on this matter. By at will the company has the right to add a number of additional data - TIN, OGRN, KPP and others.
The law specifies only a list of details that should be reflected on the print, but also other parameters, for example, the size of the seal. That is why special workshops in the process of their activities rely on the requirements of GOST, which apply to seals. Additional prints may contain information regarding which service or papers it applies to. As for the shape, it can be different - round, rectangular, oval and so on.
Previously, LLCs had to register a seal during the formation of the company, as well as approve its design. Today there is no need for this, and such requirements are not described in any legislative acts. This means that the public does not need to obtain notification or permission from government agencies to put the seal into effect.
Despite certain concessions, the use of a print cannot be taken carelessly, because this is one of the main business elements of any company. Moreover, government agencies It is recommended that each LLC create instructions on the use of archiving and document circulation taking into account GOST.
The instructions may include the following information:
Stamps must be stored and issued to another person after making an entry in the journal and against receipt. If the seal is not used, it must be locked in a special box.
As noted at the beginning of the article, since April 2015, the use of imprint in the company’s work has moved from the category of obligations to the sector of law. From now on, each organization can decide for itself whether to use the seal. But in some laws you can find information according to which the use of an imprint is mandatory. This applies to RKO, BSO, as well as PKO.
For other papers that fall into this category, there is no need for an imprint. The main thing is that this information is reflected in the company's charter. The organization has the right to put an imprint on the most important papers - primary documents, reporting for the Federal Tax Service, personnel work books and other documents.
Special attention should be paid to contracts. If the agreement that was drawn up earlier specified the mandatory presence of a seal, you will have to affix the stamp in the future or draw up an additional agreement where this clause will be excluded.
Generally speaking, the abolition of printing is more of a plus than a minus for the company, because there is a visible trend towards a gradual move away from paperwork. Modern technologies things are not standing still, new options for personal identification are emerging, and the circulation of papers is gradually moving into electronic format.
For example, when sending reports to the Federal Tax Service, a digital signature is increasingly being used, and when considering cases in court, a seal is perceived as an additional requisite, and there is no obligation to install a stamp. In addition, since 2013, LLCs received the right to personally create forms of primary documents, and the only condition for their use was their recording in the accounting policy.
So, at the beginning of its activities, a company should decide whether printing is necessary or whether it can be dispensed with. In the latter case, there is a high risk of encountering a number of difficulties, which last years is getting smaller.
Issues related to the provisions on storage and use for organizations are clearly addressed in the Unified State Record Management System. These standards are recommended for use by all institutions that require it. The corresponding resolution was adopted quite a long time ago, but it remains relevant to this day.
A stamp is a solid form of cliche made of rubber. This form is used for making impressions on documents. Otherwise it is not possible to check them. One of the standards of the GOST R series sets out the requirements that seals must comply with.
But nothing is said about the practical rules by which seals are used, even in the texts of state-level standards. Many questions arise about how many stamps enterprises should keep. And in what cases is their use mandatory? Or about the appointment of someone responsible for the storage process. All these problems must be resolved personally by management.
There are three main types of seals:
From the very beginning, the development of official seals was carried out only for government agencies. They are also used by institutions that have the appropriate powers. This applies, for example, to private notary offices.
Round stamps with full name and address can be used in .
As for commercial organizations, they are characterized by the use of seals equivalent to stamp stamps. Typically, such instruments depict a company emblem or logos. Or names are applied to them. Indicating the number of the state registration certificate along with the TIN is mandatory for any organization.
Private entrepreneurs also do not carry out work without their own stamps. They are equal to stamp ones according to their status. But the stamps do not depict coats of arms with emblems, but the name, surname and patronymic of the entrepreneur, location, and registration number.
The rules state that the prints are only on the bottom. Usually - in the same place where the directors put their signature. The seal may partially cover the position designation. The main thing is that it does not end up on the signature along with the transcript.
Sometimes they put a mark on it that depicts the place where the seal should be placed. This saves specialists a lot of hassle. Letters to designate such a place usually take up space on title pages in work books, accounting documents and certificates.
It is impossible for documents to acquire legal force without seals. This is a tool for determining the authenticity of signatures of officials and the absence of forgeries. But this is not required for every personnel document. The current legislation does not have clear definitions as to when a seal is affixed and when it is not.
Sometimes documents prepared by the accounting department are certified with seals. The same applies to various agreements, collective labor agreements, and constituent documents of the company.
There is the following list of papers for which the presence of seals has become a mandatory requirement:
If a seal is placed on an order or personnel letter, nothing bad will happen. Very disastrous consequences are possible only in a situation where the seal does not certify a document that really needs it. For example, some kind of agreement. Without a seal, it simply has no legal force. And in the event of court hearings, government authorities simply will not accept the document as evidence.
First, they are determined with, which require a seal in any case. Then they move on to compiling special instructions by use. It also writes about where and when seals and stamps are placed, and how to use them correctly. The question of who is responsible for storing seals and the storage process itself deserves special consideration.
The optimal solution is to make a similar application to general rules that relate to the company's office work. If there are no general rules, then the instructions can be made as an independent document or as an addition to the charter. The manager will then need to issue a special order if it is necessary to certify a document with a seal that is not included in the local regulatory act. Over time, it is permissible to make changes to the list of documents requiring certification.
Separately, it is necessary to specify the order in which obsolete seals are destroyed.
The head of the organizational department usually has the main seal, which has round shape. A special safe is used to store it. If the head of the organizational department is absent for a long time, the seal can be issued to employees against signature. Or if the device needs to be used on weekends or holidays.
As for auxiliary types, they are given personally to employees of the organization vested with the appropriate powers.
Auxiliary types of seals must be stored inside tables that must be closed. A sealable safe is needed to preserve the main and auxiliary seals, and the address stamp. Only authorized employees responsible for storage should have access to them.
A special one is kept in order to organize the accounting of devices. This document is maintained according to general rules that relate to strict reporting. Store such a magazine in a cabinet protected from fire to the maximum extent possible.
Many people are interested in this issue. Orders are internal administrative documents of a particular organization. They usually do not require special certification or confirmation of authenticity. Therefore, the legislation does not have any clear requirements or prohibitions regarding printing on these papers.
Certification with a seal is required only for those who go to external organizations. For example, some banks may require this. In general, each organization has the right to determine for itself which internal documents must be stamped.
The manager must issue a separate order in order to practically approve a list of documents that require printing. A separate order or requires a list of officials who have the right to sign on documents.
For legal entities, printing also becomes mandatory. Acts on industrial accidents, magazines and books, powers of attorney - this is just a small list of papers that require application of this material. The use of seals in office work simplifies doing business. Moreover, the lack of printing makes it difficult to solve many problems.
Some legal entities are required by law to have this tool, regardless of whether they plan to use it in practice. For public organizations and cooperatives, for example, this is not mandatory requirement. In work books, stamps are placed only in three situations:
The only serious problem at present is the lack of rules for canceling erroneously placed seals.
It is permitted to use trademarks and trade names on seals as long as this does not violate the rights of others. Thanks to this, management has an additional tool for individualization. This helps you stand out from your competitors. The right to use a trademark arises immediately after it is completed. You can make a seal for an organization at any company that provides the relevant services. Acceptable use additional protection from creating fakes. To do this, drawings are applied that remain visible or invisible.
Each leader decides for himself whether to use the seal or refuse it. Some regulations do not provide for the mandatory use of a seal at all.
Write your question in the form below
It would be interesting to understand how many official stamps a company can legally have. Often you have to deal with a situation where someone issues certificates of an enterprise with an official seal, although the enterprise has been closed for a long time.
Answer
Worked as a clerk for many years government organization. Special requirements were imposed only on official seals. they had to be approved by a higher organization. There were also special conditions for destruction. But simple seals could be ordered as many as you wanted.
Answer
Seal everyone should have legal entity. This norm is enshrined in law. LLC, CJSC, JSC and other organizations must use a round seal, the imprint of which includes the full corporate name of the enterprise in Russian and a link to the place of its territorial location. The company name can also be indicated in a foreign language. The seal imprint is included in the list of document details, in accordance with GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for the preparation of documents" (adopted 03/03/2003). At the same time, the seal, for example, is not included in the list of mandatory details for a number of primary accounting records, with the exception of bank papers, cash receipt orders, shipping documents, etc. The agreement must be sealed if this is stipulated in the agreement itself special condition or if two letters “MP” (“Print Place”) are indicated on the form. The same applies to acts of completed work (services). The use of a seal is also provided for on a power of attorney, which is given by an organization to an employee (this position is indicated in the Civil Code of the Russian Federation - clause 5 of Article 185). There is no requirement for the presence of a seal in some forms of financial statements (provisions of orders of the Ministry of Finance of Russia dated July 22, 2003 N 67n and dated 02.07.2010 N 66n), however, according to Orders of the Ministry of Finance of Russia dated 15.10.2009 N 104n and dated 05.05.2008 N 54n, tax return forms (for VAT, income tax and others) must be certified by a seal. Mandatory certification with the seal of the organization is provided for the most important: the first page of the work book, travel certificate (form N T-10), act of acceptance of work under a fixed-term employment contract (form N T-73). IN Labor Code RF (Article 57) requirement to print on employment contract not spelled out, but in practice the seal is usually affixed. Taking into account the fact that there are many documents for which there is no clear decision on the presence or absence of a seal, the organization should develop its own order (regulations, instructions), in which it is necessary to specify a list of documents that require certification seal. An approximate list of them is listed in the GSDOU (State System of Documentation Support for Management - 1988, 1991). The options may be as follows: - acts (of work performed, examination, write-off, acceptance of objects, etc.); - consumption rates (for example, for precious metals); - samples of seal impressions, as well as samples of signatures of employees who are given the right to carry out financial and economic transactions; - letters of guarantee; - correspondence with the management and structures of various government bodies (for example, with the tax service, extra-budgetary funds, etc. .). Seal you can make not one, but several (by documenting this fact) - for each separate division of the organization. Each seal will have its own specific purpose - for passes, for documents, for invoices. Seal on the document you need to put it in the place on the sheet where “MP” (“Print Place”) appears. If it is not there, the seal is affixed so that the imprint covers part of the word - designating the position of the person who endorsed the document. In this case, the signature must be clearly visible, as well as all information from the seal impression.
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The presence of a seal on a document indicates its importance, authenticity and official status. However, in the course of enterprise activities, questions arise from time to time regarding whether Where and which one seal should be placed.
First of all, the rules for affixing a seal depend on its type and affiliation. Thus, a stamp stamp is placed on documents of government institutions. seal with the image of a double-headed eagle. Commercial organizations and individual entrepreneurs certify documents with a standard round stamp containing the name (last name, first name and patronymic), registration data and, if desired, .In addition to the main seal, which is used for particularly important and strategic purposes: creating and amending constituent documents, concluding contracts, processing payment orders and checks, official letters, etc., additional ones can be produced: for certificates, financial documents, human resources department. In this case, their purpose must be indicated on the print. Main seal They are certified by the signatures of the first persons - directors and their deputies, and by additional ones - by employees of the relevant services (accounting, human resources department, etc.). The imprint must be affixed in such a way that it partially covers the job title of the person who signed the document, and the signature and seal details are clearly visible. The State System of Documentation Support for Management (GSDOU), approved by order of the Main Archive of the USSR on May 23, 1988, provides a list of documents on which the main or stamp stamp is affixed seal. More new edition no, but in relation to the present moment it is approximately as follows: - acts; - powers of attorney; - agreements; - conclusions; - statements (for a letter of credit; refusal of acceptance, claims, etc.); - travel certificates; - samples of seals and signatures; - letters; - payment orders, demands, checks, currency transfers, etc.; - regulations on the organization; - cost estimates; - agreements; - certificates (archival, limit, payment of insurance amounts, salary, etc. .d.); - specifications; - title lists; - certificates; - organizations; - staffing tables. To eliminate possible misunderstandings when using seals, it is advisable for enterprises to determine the list of documents themselves, as well as the list of persons and sample signatures that require certification seal Yu. In addition, there are standardized forms of documents with the requisite “M.P.” - . In such cases, there is usually no question of whether Where put seal, but you need to follow the general rule: the print must be clear and easily readable.
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Accent in Russian it is not fixed, that is, it does not always fall on a specific syllable, as, for example, in Hungarian or Finnish. There are also no specific rules on how to put , so issues of Russian pronunciation often concern not only foreigners, but also native speakers themselves.
Often people who have heard Russian since childhood believe that they have no problems with the placement of accents. But is it? Check whether you correctly pronounce the words that belong to the category of the most “problematic”: alphabet, pamper, rattling, religion, witchcraft, dispensary, rust, call, iconography, catalog, kilometer, quarter, compass, misanthropy, nabelo, hugged, percent , centimeter, facilitate, dowry, beet, convene, inquire, concentrate, seal, force. In the words “”, “ports”, “bows”, “boards”, as well as in their forms, it is always placed on the first syllable. And here are the words “
