Changes in personnel documents
According to paragraph 2 of Art. 19 of the Civil Code of the Russian Federation, any citizen of the Russian Federation who has reached 14 years of age has the right to change his name, surname and patronymic. Moreover, the surname can be changed both on the basis of civil status acts (conclusion or divorce) and at the request of the person.
The manager who has changed his last name must submit an application to the personnel service to amend the documents. This statement is drawn up in any form indicating the reasons for the changes. The manager must attach to the application copies of documents confirming the change in personal data (passport, certificate of registration (divorce) of marriage, change of surname). It is enough to simply present the original documents to the employer’s personnel department employees.
Next, based on the manager’s application, it is necessary to prepare and record in the registration journal an order to make changes to the documents containing his personal data. The order should be familiarized with the signature of the manager himself, as well as the responsible employees of the personnel service and accounting department.
Please note that the order is issued only when the manager presents a new passport (a marriage certificate alone is not enough), since until the employee changes his passport, his last name remains the same.
According to clause 12 of the Regulations on the passport of a citizen of the Russian Federation * (1), the passport is replaced, in particular, when the last name, first name, patronymic, information about the date (day, month, year) and/or place of birth, gender are changed. In accordance with clause 15 of the Regulations on the Passport of a Citizen of the Russian Federation, documents and personal photographs for obtaining or replacing a passport must be submitted by the citizen no later than 30 days after changing the last name or other data.
Based on the documents submitted (marriage certificate and passport), it is necessary to make changes to the “personnel” documents containing the personal data of the manager. First of all, you need to correct the data in the work book and the employee’s personal card (form T-2 *(2)).
We draw your attention to the fact that in accordance with clause 2.3 of the Instructions for filling out work books *(3), changes in entries in work books about the last name, first name, patronymic and date of birth are made on the basis of a passport, birth certificate, marriage certificate, divorce certificate, changing the last name, first name, patronymic and other documents with reference to their number and date.
Changes are indicated on the first page (title page) of the work book. The previous surname is crossed out with one line, and new data is recorded. Links to the relevant documents are made on the inside cover of the work book and certified by the signature of the employer or a person specially authorized by him and the seal of the organization.
Changes to an employee’s personal card can be made in two ways:
- cross out the previous surname (first name, patronymic) with one line so that what has been crossed out can be read, and write new information on top or on the side. Next, the corrections must be certified by the signature of an authorized person *(4);
— print a personal card with new data. It will be enough to print out those pages of your personal card to which changes were made. A note is made on the previous page that it was replaced due to a change in the surname. The new page should also reflect the fact of the replacement.
If you have to return to your previous surname during a divorce
There are no special differences in the process of making a new entry in the work book after marriage or after divorce. All that needs to be done is to include in the package of documents a certificate confirming the fact of dissolution of the marriage.
As for the order of changing data, it looks like this:
- The HR employee carefully crosses out the previous name.
- Enters a new one.
- On the back cover there is a note that the surname has been changed based on the divorce certificate. Next, the details and date of issue of the document are indicated.
- This record is signed and sealed by an authorized employee.
About the employment contract
According to Art. 72 of the Labor Code of the Russian Federation, amendments to the manager’s employment contract are carried out in the event of changes in working conditions by certain parties. Changing your surname does not change your working conditions, so the question arises: is it necessary to make changes to the employment contract, conclude an additional agreement to it, or will it be enough to attach copies of documents on the change of surname to the concluded contract? There is no clear answer.
In our opinion, if a change of surname is recorded in the employment contract with the manager, this will not be a violation of the law. Changes can be made in two ways.
The first method: indicate the new surname in the text of the employment contract, noting on the basis of which document the changes are being made (name of the document, body that issued the document, its number and date of issue). Also make corrections to the “Parties Details” section, since along with the change of the employee’s last name, the passport data also changed.
Please note that both copies of the contract are subject to correction: both the one stored in the organization and the one held by the employee.
The second method: enter into an additional agreement to the employment contract, where it is indicated that from a certain date (the date of change in personal data) the contract should be read in a new edition.
Is it necessary to replace a work book when changing your last name?
Changing personal data is not uncommon. Most often this happens due to marriage or divorce. Such events encourage Russian citizens to take on a new surname or return to the old one. It often happens that the surname has to be changed for some other reason: for example, because it is dissonant or if it is spelled incorrectly in the passport and the latter is not wanted to be replaced.
After receiving new documents with new personal data, many begin to think about whether it is necessary to change the work book when changing their last name. If we look at the legislation, it states that due to a change of surname, this document cannot be replaced.
In accordance with the provisions of the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225, it is necessary to draw up a new work book (its duplicate) in the following cases:
- loss of document;
- the document (its insert) has become unusable due to any physical impact;
- in case of mass loss by the employer of employee documents as a result of emergency situations.
From this we can conclude that replacing the work book when changing your last name is not required. It is enough just to make the necessary entry in it.
We submit documents to the tax office
The Unified State Register of Legal Entities (USRLE), among other information, contains information about a person who has the right to act on behalf of an organization without a power of attorney. This is established by paragraph 1 of Art. 5 of Federal Law No. 129-FZ of 08.08.2001 “On state registration of legal entities and individual entrepreneurs” (hereinafter referred to as Law No. 129-FZ).
Any change in the surname or other passport data of the current manager must be reported to the registration authority at his location within three days from the moment the manager receives a new passport (Clause 5, Article 5 of Law No. 129-FZ). If the deadline is missed, tax inspectors may bring to administrative responsibility the head of the organization who manages the current activities of the organization. That is, they can issue a warning or impose an administrative fine in the amount of 5,000 rubles. (clause 3 of article 14.25 of the Code of Administrative Offenses of the Russian Federation).
According to clause 3 of the Requirements for the execution of documents used for state registration of legal entities, as well as individuals as individual entrepreneurs, approved by Decree of the Government of the Russian Federation of June 19, 2002 N 439 “On approval of forms and requirements for the execution of documents used for state registration of legal entities individuals, as well as individuals as individual entrepreneurs,” documents on a change of name can be submitted to the inspectorate in one of three ways:
— personally;
- through a representative;
- by mail with a notification and a list of the contents, which is certified by a postal worker.
If documents are submitted to the inspection by an authorized person, it is necessary to issue a power of attorney certified by a notary (paragraph 3, paragraph 1, article 9 of Law No. 129-FZ).
What to do if you remarry
It happens that a marriage is concluded several times with the same person: that is, first the citizens got married, then divorced, then got married again. Do not forget that all three procedures require changes to be made in documents, unless, of course, they are all accompanied by a change in personal data.
So, the algorithm of actions on how to correctly enter a record of a change of surname in the work book upon remarriage will look exactly the same as in the two previous cases. This means that the application will need to be accompanied by a certificate of a new marriage and a passport with changed personal data. Next, the personnel officer acts according to the above scheme.
We inform the Pension Fund
Having changed the last name, the manager must contact his territorial branch of the Pension Fund of the Russian Federation to enter information about the change into the personal account of the insured person (Clause 2, Article 9 of the Federal Law of 01.04.1996 N 27-FZ “On individual (personalized) accounting in the compulsory pension system insurance" (hereinafter referred to as Law No. 27-FZ)).
Moreover, the manager must write an application for the exchange of the insurance certificate in the ADV-2 form, approved by Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 N 192p. Having received such an application, the employing organization must, within two weeks, submit it to the territorial body of the Pension Fund of the Russian Federation, along with a list of the necessary documents.
Based on the documents received, Pension Fund employees, within a month, reflect all changes in the individual personal account of the insured person and issue a new insurance certificate with the same individual personal account number (Clause 4, Article 7 of Law No. 27-FZ).
Procedure for changing a signature
Very often, a change of surname entails some changes in the style of its owner’s signature. It is quite logical that using the old option, which contained the initial letters of the previous personal data, does not make any sense.
In this case, the law does not in any way infringe on the rights of citizens, who can dispose of their strokes as they please. But do not forget that a signature is not only our personal distinctive sign, it is also confirmation that we have signed documents. Therefore, if you have changed your signature along with your last name, the HR department employee must take a new sample of it.
We inform the bank
A budgetary institution has the right, in addition to the established state (municipal) assignment, as well as in cases determined by federal laws, within the established state (municipal) assignment, to perform work and provide services related to its main types of activities provided for by its constituent document for citizens and legal entities for a fee and on the same conditions for the provision of the same services (clause 4, article 9.2 of the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations”).
Also, in accordance with the Federal Law of 05/08/2010 N 83-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the improvement of the legal status of state (municipal) institutions”, a new type of budgetary institution has the right to attract loans and enter into financial leasing agreements, which give managers of budgetary institutions the opportunity to purchase vehicles or equipment for the provision of paid services, develop the material base for scientific research, etc.
The head of the organization has the right of first signature on payment or loan documents, and therefore, it is necessary to notify the bank about the change in the name of the head and replace the bank card with sample signatures (clause 7.14 of the Instruction of the Central Bank of the Russian Federation dated September 14, 2006 N 28-I “On opening (closing) ) bank accounts, deposit accounts).
Thus, the organization must submit to the bank:
— a bank card indicating the new name of the manager. The new signature must be certified either by a notary or directly at the bank by an authorized employee (clauses 7.12 and 7.13 of the said instructions);
- a document proving the identity of the manager, with a new surname.
The deadline for notifying the bank about changes in the personal data of employees and managers who have the right of first signature is not established by law. Typically this period is specified in the bank account agreement.
Don't forget about partners
The manager signs the contracts of the budgetary organization, therefore it is also necessary to notify all partners with whom the institution has currently valid contracts about the change in his name.
A common practice in contracts is a clause that if one party changes any details (including the name of the manager), she is obliged to inform the other parties to the contract about this. Violation of this clause may result in severe penalties.
In order to inform partners about changes in the personal data of the manager, it is enough to send an information letter to them. We recommend that you issue it on the organization’s letterhead with a new signature of the manager.
This letter is drawn up in any form and sent to the postal address given in the agreement, or by fax (e-mail), if such a method of exchanging information is specified in the agreement. In the event that a partner organization requires a copy of the document on the basis of which the surname was changed, a copy of the marriage registration (or divorce) certificate or a copy of the manager’s new passport must be attached to the information letter. By agreement with the counterparty, a copy of the document is certified by an official of the organization itself or a notary.
Correcting incorrectly entered data
The instructions for filling out work books, unfortunately, do not contain clear instructions on what to do if erroneous data was entered into the document. If you are registering a document for the first time, there will not be any special difficulties, because the book can be destroyed and a new one can be created. In this case, the employer pays for the replacement of the form.
But what should the actions of a HR employee be if the document contains records from other enterprises? In this case, it is necessary to enter new data about the changed surname with the note “instead of the erroneous one.” All this also needs to be sealed with the signature of a personnel employee and the company’s seal.
If errors were discovered that were made at a previous place of work, then, according to Decree of the Government of the Russian Federation No. 225 of April 16, 2003, corrections must be made by the employer for whom the employee currently works.
This can be done on the basis of official paper from the previous place of work. If the company was reorganized, then from its successor, but if liquidated, then on the basis of a document certifying this fact.
