Legal features of making the second seal of the organization.

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Should an individual entrepreneur order a print? What documents do I need to provide to make a seal? You can find information about this and the main pros and cons of having a business seal in this article.

2 Required number of stamps
3 Write-off of stamps
4 Seal theft
5 Main advantages and disadvantages of having a printing device

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At the same time, there is no unified form for such an order, so the employer has the right to determine it independently. The order approving a local regulatory act must reflect:

date of entry into force of the local act;
instructions on familiarizing employees with the local act and the deadlines for this;
names and positions of persons responsible for compliance with the local act;
other conditions.

When approving a document by order, the approval stamp consists of the word APPROVED (APPROVED, APPROVED or APPROVED), the name of the approving document in the instrumental case, its date, and number. For example: APPROVED by Order No. 12 dated January 22, 2007. Having considered both methods of approving local regulations of an organization, let’s move on to the issue of affixing stamps.

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SMITH [e-mail hidden] Belarus, Zhlobin #6[212099] August 26, 2010, 10:44 The list of documents on which the seal is affixed is determined by the organization on the basis of the legislation of the Republic of Belarus. Stamping is required on original documents and their copies, incl. facsimile, certifying the rights, freedoms and (or) legitimate interests of citizens, the rights and obligations of legal entities authorizing the expenditure of funds and material assets. An approximate list of documents on which the official seal is affixed was approved by Resolution of the Council of Ministers of the Republic of Belarus dated February 25, 1993 No. 100. This list includes, incl.

Seal theft

If an individual entrepreneur's seal is stolen, he should write a statement to the police. In this case, the police will open a criminal case regarding the theft and conduct an appropriate investigation. A businessman has the right to receive a copy of the resolution to open such a criminal case.

In addition, a statement about the loss of such a device must be submitted to the bank in which the company's current accounts are opened. This must be done because criminals who stole a printing device can withdraw funds from the entrepreneur’s bank accounts.

Also, an announcement about the loss of individual entrepreneurs should be published in the latest issues of newspapers and magazines. He must also notify his counterparties of the loss of such a device.

The approval is stamped

Question Is it necessary to put the organization’s seal on signed job descriptions and Regulations on structural units? Answer Having considered your question, we can say that job descriptions and regulations on structural divisions relate to the local regulations of the organization. In turn, approval of a local regulatory act is possible in two ways:

the document is approved by an official (head of the organization);
the document is approved by a specially issued document (i.e., order).

In the first case. It is necessary to be guided by the standards of the “Unified Documentation System.

Is there a stamp on the approver?

The list of documents on which the seal is affixed is determined by the organization independently, guided by the legislation of the Republic of Belarus. Stamping is necessary on original documents and their copies (to certify the authenticity of the copy), incl. facsimile, certifying the rights, freedoms and (or) legitimate interests of citizens, the rights and obligations of legal entities, authorizing the expenditure of funds and material assets. The seal impression must include part of the job title of the person who signed (approved) the document.

Example Director of the Institute Signature S.A. Sidorov MP THIS IS IMPORTANT! We draw the attention of personnel service workers to the fact that the approximate form of the employment contract, approved by Resolution of the Ministry of Labor of the Republic of Belarus dated December 27, 1999 No. 155 (as amended on October 4, 2010), contains the “Seal” attribute.

Requirements for stamps:

The main requirement for a company's seal is that it contains information about its name. You cannot place an image of the State Emblem of the Russian Federation on the seal. Violation of this prohibition may result in a fine of up to 150 thousand rubles for the society.

Otherwise, you can indicate any information on the seal. Seal manufacturers, as a rule, also offer to include information about the organization’s Taxpayer Identification Number (TIN) and OGRN in the stamp.

The color of the seal can be any, as required by law (in particular, paragraph 5 of Article 2 of the Law on LLCs, paragraph 7 of Article 2 of the Law on Joint-Stock Companies, paragraph 4 of Article 3 of the Law on Non-Profit Organizations, paragraph 3 of Article 2 Law of November 14, 2002 N 161-FZ) does not establish requirements for the color of the organization’s seal imprint.

Information about the presence of a seal must be contained in the company’s charter (clause 5, article 2 of Federal Law No. 14-FZ of 02/08/1998 “On Limited Liability Companies” as amended by Federal Law No. 82-FZ).

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Is the stamp put on the approval of the General Director?

In addition, changes in entries in the work book about last name, first name, patronymic, date of birth, education, profession, specialty are made by the employer at the last place of work on the basis of documents confirming the relevant information, with reference to their number and date (clause 38 of Instruction No. thirty). A link to the relevant document is written on the inside cover, certified with the signature of the employer or an authorized official and the seal of the employer, and if the individual entrepreneur does not have one, with the seal of the local executive and administrative body that registered the entrepreneur. For a sample entry in a work book, which is certified by a seal, see the “Useful Documentation” section on page 25.

Why do you need a seal?

In 2021, individual entrepreneurs need a seal in the following cases:

When hiring personnel
: entries in work books must be certified with a seal
When working without a cash register
: in this case, you will need to issue strict reporting forms, which are certified by a seal. Although, since July 2021, almost all entrepreneurs receiving cash have been required to have a cash register, which means that this point has largely lost its relevance.
When working in the transportation industry
: a seal will be needed to issue waybills
When issuing sales receipts and invoices
: without printing they are invalid
When issuing a cash receipt order
: also not valid without a stamp
When participating in tenders
: for the quotation application to be approved
When opening an account in some banks
: By law, the presence of a seal is not required (the Central Bank spoke about this in its explanations), but many banks provide for such a requirement in their internal rules

Please note that if you already have a seal, you will need to put it on all documents

, and not only those for which such assurance is mandatory.

The job description is stamped

Sections of the job description Regardless of the method of execution, the job description, as a rule, consists of the following sections: Section “General Provisions” In the section “General Provisions”, indicate:

the title of the position in strict accordance with the staffing table;
requirements for employee qualifications;
direct subordination (for example, an accountant reports directly to the chief accountant);
procedure for appointment and dismissal;
presence and composition of subordinates;
replacement procedure (who replaces the employee during his absence and who he can replace);
a list of documents that an employee must follow in his activities.

In what cases is it necessary to put a stamp on orders? A stamp is not placed on orders of the organization, since the order is an internal organizational and administrative document (orders for hiring, orders for granting leave, orders for dismissal). Copies of employment orders and other copies of personnel documents, outgoing documents require proper certification, so they must be stamped. Thus, we can conclude that copies of only those documents that are created in the organization itself are subject to stamp certification. As an exception, it is permitted to make and certify copies of documents issued by other organizations when resolving issues within the competence of the organization itself.

What can be indicated on the seal?

The form and content of the seal imprint are not established by law. As a rule, individual entrepreneurs have round seals, but you can choose triangular or square, there will be no problems because of this.

Usually the seals indicate

Organizational and legal form (IP)
TIN
Last name, first name, patronymic (as in registration documents)
City
OGRNIP number

If you wish, you can indicate other information - an academic degree, for example, or work experience in your field.

Do I need a stamp on the job description approval stamp?

Igor wrote: I put Where are these requirements in N.D.? Let's look: Methodological recommendations for the development of instructions on labor protection (approved by the Ministry of Labor of the Russian Federation on May 13, 2004) RESOLUTION of December 17, 2002 N 80 ON THE APPROVAL OF METHODOLOGICAL I APPROVED RECOMMENDATIONS FOR THE DEVELOPMENT OF STATE REGULATIVE REQUIREMENTS FOR OCCUPATIONAL SAFETY Title of the position Title of the position of the head of the trade union or employer and other body authorized by employees (signature) (initials, surname) Date of approval Note. On the reverse side of the instructions, it is recommended to have visas for: the developer of the instructions, the head (specialist) of the labor protection service, an energy engineer, a technologist and other interested parties.

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However, this is not a gross violation and does not affect the “validity” of the documents and does not require their re-issuance. Thus, if local regulations are approved with the stamp “Approve”, then you can put the organization’s seal on them.

If local regulations are approved by order, it is not advisable to put a stamp on the order. Details in the System materials:

Answer: How to draw up a job description

Drawing up job descriptions The obligation to draw up job descriptions is established only for government bodies (Art.

the title of the position in strict accordance with the staffing table;
requirements for employee qualifications;
direct subordination (for example, an accountant reports directly to the chief accountant);
procedure for appointment and dismissal;
presence and composition of subordinates;
replacement procedure (who replaces the employee during his absence and who he can replace);
a list of documents that an employee must follow in his activities.

List of documents for making a seal

In order for a businessman to receive a seal, he needs to contact a specialized organization for its production.

The documents that an individual entrepreneur needs to manufacture a printing device are the following:

original and copy of the State Registration Certificate. If the TIN is indicated on the seal, the entrepreneur must also provide the original and a copy of the Certificate of Registration with the Tax Inspectorate (with TIN);
if it is necessary to make an additional device, he must show a letter indicating a request for the production of another printed office device, certified by the entrepreneur himself, as well as a State Registration Certificate (original and copy).

It is impossible to produce a seal without the entrepreneur having a State Registration Certificate.

When ordering stamps that do not indicate details (“Received”, “Copy”, etc.), as well as when creating a facsimile (analogous to a personal signature), the entrepreneur does not need to show the Certificate of State Registration of the Individual Entrepreneur.

Do I need a stamp on the job description approval stamp?

Qualification reference book approved by Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37. They provide an approximate list of responsibilities for various positions.

Section “Rights” In the “Rights” section, write down a list of rights that an employee has, within the scope of his or her competence, when performing his/her official duties. SMITH [e-mail hidden] Belarus, Zhlobin #6[212099] August 26, 2010, 10:44 The list of documents on which the seal is affixed is determined by the organization on the basis of the legislation of the Republic of Belarus. Stamping is required on original documents and their copies, incl. facsimile, certifying the rights, freedoms and (or) legitimate interests of citizens, the rights and obligations of legal entities authorizing the expenditure of funds and material assets. An approximate list of documents on which the official seal is affixed was approved by Resolution of the Council of Ministers of the Republic of Belarus dated February 25, 1993 No. 100. This list includes, incl.

the document is approved by an official (head of the organization);
the document is approved by a specially issued document (i.e.

As a rule, the list of seals used in an organization and the cases of their use are determined by the constituent documents, local regulations and orders (instructions) of the employer. For example, a seal is usually not affixed to organizational and administrative documents, including personnel orders.

However, on some unified forms, the seal is a mandatory requisite, the place for which is indicated (for example, the form of travel certificate No. T-10, which provides for the signature of the head of the organization on the front side of the document and certification with the seals of organizations of notes on the employee’s departure on a business trip, his arrival in destinations, departure from them and arrival at the place of permanent work). At the same time, many personnel officers, trying to confirm the authenticity of documents, put a stamp on all personnel documents.

Several seals from the organization

An organization may have several seals, stamps, etc. (Resolution of the Seventeenth Arbitration Court of Appeal dated January 23, 2017 N 17AP-16787/2016-GK in case N A60-23180/2016), and, therefore, the mere imprint of another seal on a document cannot be a basis for declaring the document invalid ( falsified) if the organization has other seals and in the absence of a statement about the loss (theft) of the seal or falsification of its imprint. Especially if the parties have not agreed on the use of a specific seal for documents (Resolution of the Eleventh Arbitration Court of Appeal dated December 4, 2019 in case No. A72-9677/2019).

Thus, the court indicated that the current legislation allows the existence of several seals for an organization and does not regulate their use. Therefore, the presence of a different seal on the defendant does not in itself indicate the invalidity of the seal affixed to the reconciliation report (Resolution of the Eighteenth Arbitration Court of Appeal dated June 29, 2016 N 18AP-6550/2016 in case No. A07-28746/2015 (Resolution of the Arbitration Court of the Ural District dated 01.11.2016 N F09-9564/16 this Resolution was left unchanged)).

The Company has the right to have and use one or several seals, including for various purposes; the presence of several seals in an organization with delimitation of the scope of their use does not contradict the law, it can be used for additional protection of the organization’s financial documents and for control of document flow in general (Resolution of the Eighteenth Arbitration Court of Appeal dated January 22, 2018 No. 18AP-16030/2017 in case No. A47- 745/2016).

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