ELKOD: On which documents in an institution can a stamp stamp be placed on which the OGRN is not indicated, and in what cases is a stamp seal required in accordance with GOST R 51511-2001?

Each enterprise is required to have its own seal. The imprint gives the documentation legal force, allowing it to be used both within the organization and transferred to third parties.

Uncertified papers can only be used in internal document flow . Any legal transaction concluded with a legal entity or individual outside the enterprise must be certified by an imprint.

Using a seal: how and where to put it

Within one organization, different types of printing can be used: basic, structural and special. Stamps are placed on the following types of documents :

acts;
powers of attorney;
contracts;
conclusions;
writs of execution;
letters of guarantee;
registers;
statements;
travel documents;
instructions;
agreements;
references and characteristics;
petitions and letters of guarantee;
title lists;
cost estimates;
charters of organizations.

Most of the documents contain the special abbreviation “M.” P.". It marks the place where the stamp should be placed. If it is not there, you can put an imprint arbitrarily. It must be placed so that it does not overlap the signature of the witness, but captures several letters from the title of the position of the authorized person.

If there is a seal, you need to use it

It follows from the law that if there is a seal, it must be affixed. After all, legislators did not provide that the seal is affixed “at discretion” or “at will.” This means that if an organization has a seal, then it needs to be used. And even if the company was created before the seal became optional, it is better not to rush to destroy it. It is possible that government agencies may require a seal on documents, citing the fact that such an organization must have a seal.

Print shape and size

The regulations do not regulate the size, color and form of indication of details. The name of the organization and the actual address must be written in full. Details can be specified in a foreign language (for example, the name of the company can be written in Latin). Typical print size is 38-42 mm . Typically, purple or dark blue ink is used for stamping.

The print should be clear, bright, but not too bold. If the integrity of the seal is damaged or worn out, the organization is obliged to order the production of another copy. A new stamp will also be required if the name or actual address of the company changes. A paper certified by a faulty or invalid seal loses its legal force .

Let's highlight a few key points.

1) Now organizations have the right, but are not required, to have a seal. In other words, management can decide for itself whether the society needs a seal. 2) Information about the presence of a seal must be contained in the charter. The charter must state that the organization has a seal. 3) A seal is equated to a means of individualization. A seal is only a means of individualizing an organization (the same as an emblem or a trademark). And it can be anything (not necessarily round). 4) Certain laws may provide for cases where an organization is required to use a seal. At the level of federal legislation, there may still be cases where a seal cannot be avoided.

What about IP seals?
The legislation of the Russian Federation does not oblige individual entrepreneurs to have a seal. Entrepreneurs still decide on their own how to make and use a seal.

What does the seal certify?

The imprint is used to certify documents confirming the rights of persons to perform certain official duties. The list of actions requiring certification and the list of seals is regulated by the instructions. It is developed and approved by the head of the organization. The instructions may include sections containing information about:

list of seals;
order of use;
persons entitled to use;
storage location;
list of documents to be certified.

Stamps are registered and stored in locked cabinets or safes. They are allowed to be used only by the manager and employees authorized by a special order.

Signature required

The entire economic life of the organization is accompanied by written documentation. Charters, reports, declarations, contracts and other documents have legal force if they are made in writing, and evidence of writing is the presence on the documents of the signature of the parties or responsible persons having the necessary authority.

Does the deputy general director's delegation of the right to sign primary documents to the heads of branches notarization

What types of documents must be certified with a stamp?

Not all documentation requires mandatory affixing of the main seal. The types of papers that must be certified depend on the type of activity of the enterprise .

Primary

Generalized papers refer to primary documentation: they confirm the act of conducting a legal transaction. All documents related to primary documents undergo accounting.

Under any circumstances of the transaction, stamps are required on documents printed in accordance with generally accepted standards. If documents with an individually developed structure are used within the organization, stamping them remains at the discretion of the manager .

Orders

They relate to internal documentation: orders cannot be used outside the organization. If an employee requires a copy of a document for personal use, only the copy is stamped. The original document is certified only by signature.

Letterheads

Placing a stamp depends on the type of form . If it relates to documents subject to reporting, it must be stamped. As a rule, these are powers of attorney and letters of guarantee that authorize an individual or legal entity to represent the interests of the company.

If the form is issued on special paper with the symbols of the organization, they do not require additional certification.

Is stamping required on documents?

According to the existing rules, organizations are indeed obliged to use seals in cases where their use is provided for by the relevant special law (clause 5, article 2 of the Federal Law of 02/08/1998 No. 14-FZ and clause 7 of article 2 of the Federal Law of December 26, 1995 No. 208-FZ). This rule has been in effect since 2015.

At the same time, from this moment on, all legislative acts that previously required the use of seals included a clause according to which seals are used only if they are available.

For example, now Art. 18 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” states: “copies of constituent documents must be certified by the seal of a legal entity (if any)”

When documents for court need not be stamped

A similar clause has been added to other federal laws that in one way or another refer to the press of organizations.

That is, the organization itself decides whether to use the seal or not. If an organization does not have a seal and its use is not specified in the charter, the seal is not affixed to the documents.

The same applies to tax reporting. All tax reporting submitted electronically is issued with electronic digital signatures. There are no stamps placed on it.

The same organizations and individual entrepreneurs that report on printed forms may also not use stamps in tax reporting, since the Tax Code of the Russian Federation does not establish relevant requirements. In any case, tax authorities will accept reporting if it is submitted in the prescribed form and contains all the necessary signatures.

What is the difference between a simple seal and a stamp seal?

Depending on the appearance, stamps can be:

Stampede . Among other data, they contain the state emblem of the Russian Federation. The right to use it for certification is granted only to managers and officials from among government bodies.
Round . Mandatory for every organization. In addition to the name and address, it indicates the number of the state registration certificate.
Oval and triangular . Used for internal documentation (passes, packages, letters). They cannot be placed on papers confirming financial transactions.

The use of a stamp with a coat of arms by persons who do not have legal rights to do so is criminally punishable. Other types can be used by legal entities and individuals.

New GOST in document preparation

On July 1, 2021, GOST R 7.0.97–2016 “System of standards for information, library and publishing” came into force. Organizational and administrative documentation. Documentation requirements." GOST is fundamental in the field of registration of organizational, administrative and information and reference documents. The rules for applying this standard are established in Article 26 of the Federal Law of June 29, 2015 No. 162-FZ “On Standardization in the Russian Federation”. Information about changes to this standard is published in the annual (as of January 1 of the current year) information index “National Standards”, and the official text of changes and amendments is published in the monthly information index “National Standards”. The relevant information, notification and texts are posted in the public information system - on the official website of the Federal Agency for Technical Regulation and Metrology on the Internet.

This standard applies to organizational and administrative documents: charters, regulations, rules, instructions, regulations, resolutions, instructions, orders, decisions, protocols, contracts, acts, letters, certificates, etc. This standard determines the composition of the document details; rules for their registration, including the use of information technology; types of forms, composition of the details of the forms, layout of the details on the document; sample forms; rules for creating documents. The provisions of this standard apply to documents on paper and electronic media.

The standard now includes a section “General requirements for creating documents.”

It has been recorded that documents can now be created not only on paper, but also in electronic form. Documents on paper can be printed either on one side of the sheet or on the other side. When creating two-sided documents, the width of the left margin on the front side of the sheet and the right margin on the back side of the sheet must be equal. The page numbering order is prescribed: in the middle of the top margin of the document at a distance of at least 10 mm from the top edge of the sheet. The paragraph indentation of the document text is set to 1.25 cm.

Section and subsection headings are printed with paragraph indentation or centered along the width of the text. Multi-line details are printed with one line spacing, document text - with one or 1.5 spaces. Documents that will be printed reduced (two pages per sheet) can be printed double-spaced. The text of the document is aligned to the width of the sheet (along the boundaries of the left and right margins of the document) / A common mistake is putting two, and sometimes even more, spaces between words. GOST clearly states: there is one space between words.

Individual details, such as addressee, title, signature, can be highlighted in bold font.

New - recommendations for using standard fonts. Why is it important? Since font libraries contain thousands of items, it is not uncommon for an individual employee or even an entire organization to use a favorite but non-standard font when creating documents. Why is that bad? When sending documents in office formats, such as Microsoft Word, when using a non-standard font, so-called font substitution (auto-replacement) occurs, i.e. the document will be displayed on the recipient’s computer with the fonts that are installed on that computer. And the replacement font is often at least slightly different in size, which means that for complexly designed documents the entire design will be “disturbed”. To store such a document, it is necessary to embed the fonts used, which significantly increases the document file size. Therefore, it is recommended to use the fonts listed below, including them in electronic document templates, as well as specifying their use in the organization’s office management instructions. These fonts are: Times New Roman No. 13, 14; Arial No. 12, 13; Verdana No. 12, 13; Calibri No. 14. When compiling tables, the use of smaller font sizes is allowed.

From the section “Registration of document details” it will be useful to know about the use of various symbols and coats of arms on document forms. Very often, educational organizations manage to place the coat of arms of the Russian Federation, the coat of arms of a constituent entity of the Russian Federation, or the coat of arms of a municipality on their letterhead, without having any idea that the use of this symbolism is regulated at the legislative level.

The coat of arms (State Emblem of the Russian Federation, coat of arms of a subject of the Russian Federation, coat of arms (heraldic sign) of a municipality) is reproduced on document forms in accordance with the Federal Constitutional Law of December 25, 2000 No. 2-FKZ “On the State Emblem of the Russian Federation”, legislative and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local government bodies.

The image of the coat of arms (State, subject of the Russian Federation, coat of arms (heraldic sign) of a local government body) is placed in the middle of the top field of the document form above the details of the organization - the author of the document, at a distance of 10 mm from the top edge of the sheet.

The emblem of the organization, developed and approved in the prescribed manner, is placed in accordance with regulatory legal acts on the forms of: documents of federal government bodies (except for cases involving the use of an image of the State Emblem of the Russian Federation), territorial bodies of federal government bodies, state and non-governmental organizations . The image of the emblem is placed in the middle of the top field of the document form above the details of the organization - the author of the document, at a distance of 10 mm from the top edge of the sheet.

pen Let's look at another very common mistake. When signing a document by a person who has the right to sign in the event of the temporary absence of the manager, corrections to the title of the position and the transcript of the surname of the already prepared and agreed upon draft document are made by hand or using the appropriate stamps. It is not allowed to put a slash or the inscription “for” before the name of the person’s position in the signature if the document is signed by another official . Thus, if the letter indicates that the letter was sent with the signature of the director of an educational organization, then the signature must be the director, and not his deputy, or initially the letter (other document) indicates the official who will sign this letter (document ).

The standard clearly indicates the required details if a digital signature is used. The electronic signature mark is used when visualizing an electronic document signed with an electronic signature in compliance with the following requirements:

a) the location of the mark on the electronic signature must correspond to the location of the handwritten signature in a similar document on paper;

b) elements of the electronic signature mark must be visible and readable when displaying the document in its natural size;

c) elements of the electronic signature mark should not overlap or overlap each other;

d) elements of the mark on the electronic signature should not overlap elements of the text of the document and other marks on the electronic signature (if any).

The electronic signature mark in accordance with the legislation of the Russian Federation includes the phrase “The document is signed with an electronic signature”, the number of the electronic signature key certificate, the last name, first name, patronymic of the certificate owner, and the validity period of the electronic signature key certificate. An electronic signature mark may include an image of the coat of arms, emblem of a government body (organization), trademark (service mark) of an organization in accordance with current legislation.

The seal certifies the authenticity of the signature of an official on documents certifying the rights of persons, recording facts related to financial assets, as well as on other documents that provide for the certification of a signature with a seal in accordance with the legislation of the Russian Federation.

Documents are certified with the seal of the organization. The seal is affixed without capturing the handwritten signature of the person who signed the document , or in the place designated “MP” (“Place of seal”). Which documents need to be stamped and which ones do not need to be stamped will be discussed in the next publication, which will be devoted to office work.

The mark about the performer includes the surname, first name and patronymic of the performer, and his telephone number. The note about the performer can be supplemented by the name of the position, structural unit and the email address of the performer.

A note about the performer is made on the front side of the last sheet of the document from the border of the left margin or, if there is no space, on the back side at the bottom left. The artist's note can be designed as a footer and printed in a smaller font size.

A copy certification mark is issued to confirm that the copy of the document (extract from the document) corresponds to the original document. A mark on certification of the copy is placed under the “signature” attribute and includes: the word “True”; job title of the person who certified the copy; his handwritten signature; decryption of the signature (initials, surname); date of certification of the copy (extract from the document).

pen GOST contains as an appendix a sufficient number of samples of letter writing, form formats, contains diagrams of the location of details on the document form, both when using a traditional corner form, and with a longitudinal arrangement of details, etc. An employee of an educational organization responsible for office work, It will be useful to familiarize yourself with this material.

Author - Zvyagin Alexander Sergeevich
15.09.2018
All consultations by the author

In what cases is it necessary to certify the manager’s signature with a seal?

The list of documents requiring signature certification is determined by organizations independently. Placing a stamp is mandatory for originals and copies of documents certifying:

employee job responsibilities;
expenditure of funds and material assets;
representing the interests of the organization outside its borders.

Only an authorized official has the right to put a stamp using the main type of seal of the organization. Only individual entrepreneurs have the right to use a personal stamp.

Who has signing authority?

Who has the right to sign a particular document must be clearly stated in the relevant regulations, which may include:

constituent documents of the organization;
job description;
local regulations;
order;
order;
power of attorney.

The absolute right to sign (without a power of attorney or other special justification) belongs to the manager, that is, the director or chairman of the board. Its data must be contained in the state register (Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs).

IMPORTANT INFORMATION! If, when registering an enterprise, the manager gives the right to sign without a power of attorney along with himself to another person or persons, this information is also entered into the register.

Basic forms of prints

Since there is no formal classification, depending on the type of organization, there are four main types of typical prints :

Simple . Includes basic information: company name, form of activity, address.
With microtext . It has a complex edging. It runs along the edge of the print in two layers. The external one includes text in small font, most often the registration number is indicated there. Internal contains information about the enterprise itself.
With edging . Making customized seals allows you to choose different types of design. The ornament passes between the outer and inner layers without affecting the inscription.
For individual entrepreneurs . Contains information about the entrepreneur: full name and details.

Choosing the appearance of the seal is the responsibility of the manager. The pattern on the stamp should be concise and understandable, and the font should be clear and easy to read.

For more information on accepting goods from the supplier, paperwork and round printing, see the video below.

Tax and other reporting of the organization

Many organizations that submit reports electronically have long forgotten about stamps on declarations (after all, they only need an electronic digital signature).

But those who continue to report “on paper” must affix a stamp, since the forms of some reporting documents require its presence, for example:

form 4-FSS;
sales book;
book of accounting of income and expenses (when using a simplified taxation system).

Signature by proxy

IMPORTANT! A sample power of attorney for the right to sign from ConsultantPlus is available here

A power of attorney is a written document that delegates certain powers. In our case, this is the transfer of the right to sign. Such a power of attorney for the right to sign can only be issued by a person who has this right unconditionally according to the constituent data, that is, most often, a representative of the management.

The format of the power of attorney and the format of the document being signed must match. For example, if a transaction that requires notarization is signed under a power of attorney, then the power of attorney must also be notarized.

If you strictly follow the rules, then the document must contain an indication of the signatory’s right to act on behalf of the organization: a signature based on the constituent documents, an order or instruction from management, a power of attorney.

NOTE! If a power of attorney is issued on behalf of a legal entity, then it must be issued by the director or another person specified in the constituent documents.

Recommendations for signatories

Check your counterparty's signature credentials, especially if this is your first experience of written cooperation.
Check not only the identity of the signatory and the authenticity of the authorizing document, but also its validity period.
If a document consists of several pages, then each sheet should be signed, and not just the end of the document. You can flash the document and sign each place of the firmware.
The constituent documents must provide for the procedure for notifying partners about the transfer of signing authority by management to other persons.

Who should sign the document if the director is absent?

If the person with the absolute right to sign is for any reason absent from his/her workplace at the time the signature is required, this option should be provided in advance. There are several ways to resolve this situation:

Provide in the constituent documents the possibility of signature for the deputy director or other official.
Issue a power of attorney for signature by an authorized person (you can do this immediately for a long period, for example, for a year).
Issue an order or instruction for the right to sign a specific document (one-time option).
Use a facsimile version of the signature in cases where this does not contradict the law.

Signed by I.O.

If the document is signed by the acting director or his deputy, the right to sign is delegated to him on the basis of the above documents. At the same time, there is no need to indicate “acting” in the signature itself; according to GOST rules, only the name of the position is required, which for the employee who temporarily assumed management responsibilities remained the same. This must be indicated when the document is endorsed. It is also unacceptable to use a slash and the use of the preposition “for” before the signature.

IMPORTANT INFORMATION! Documents signed by the acting official in violation of the design of this detail (with the letters “i.o”, slash or preposition “for”) cannot be notarized, they can be challenged in court.

In the place of the director - the signature of the acting director

If on the form the position of director is in the place intended for signature, and the person signing is acting, then you need to cross out the printed phrase and enter the name of the real position of the signatory. The same should be done if the surname and initials of the absent manager are printed. Corrections are made in handwritten form.

What cannot be a facsimile?

An imprint of a sample signature, which is so easy to give to any employee and therefore very convenient to use, cannot be left on all documents. Legal grounds prohibit placing such a signature, which does not require the “live” participation of an authorized person, on the following documents:

related to bank payments;
various statements;
personnel papers;
declarations;
invoices;
cash documents;
contracts that need to be registered;
powers of attorney.

You can leave a facsimile signature when exchanging documents within the framework of one contract if:

a contract signed in the usual way provides for this possibility;
There is an agreement between the partners on the use of facsimile clichés.

Such papers can be commercial offers, letters, acts, specifications, etc.

On which documents in an institution can a stamp be stamped that does not indicate the OGRN, and in what cases is a stamp stamp required in accordance with GOST R 51511-2001?