Statement to the CEO: sample 2021, how to format and write

In this article we will tell you how to draw up an application and find out the features of their registration. We will give examples of the wording of applications for all cases of personnel life - from hiring to a request to issue certificates upon dismissal.

During his time working in an organization, an employee fills out many applications. An application is a document that records:

•an employee’s initiative to commit any action that has certain legal consequences for him;

•the employee’s consent with any actions of the employer.

This document is often mentioned in the Labor Code of the Russian Federation: in Art. 80, 89, 122, 124, 126, 127, 128, 131, 229.1, etc.

A written form of an employee’s appeal to the employer is required if the employer must take any action only “on a written application” or “at the written request” of the employee. For example, issue copies of documents related to work (hiring order, dismissal order, extracts from the work book), upon a written application from the employee no later than three working days from the date of filing this application (Article 62 of the Labor Code of the Russian Federation).

However, the Labor Code of the Russian Federation indicates that many issues must be resolved “by agreement of the parties” or “with the consent of the employee.” In these situations, as a rule, not statements are created, but other documents: written agreements are concluded, written proposals are sent to the employee, etc.

But even if labor legislation does not require the application to be submitted in writing, it is better to write it. An employee's oral statement will be difficult to prove in court. Written statements provide security for the employer, and the employee is also calmer - if the application is registered, the request will definitely be answered.

How to notify

The director receives notification of the transfer to electronic work books in the same form as for ordinary employees. The difference is that he signs this notification twice: on behalf of the sending organization and on his own behalf as an employee.

The right to sign a notice on behalf of the employer can be delegated to the person responsible for personnel matters on the basis of a power of attorney.

The requirements for the content of the notice to the director are established by Article 2 of Federal Law No. 439-FZ. The document must include:

information that changes have been made to the legislation that make it possible not to use paper work books and instead generate information about activities in the Pension Fund of the Russian Federation;
about the possibility of determining whether an employee wants to keep a paper book or an electronic one;
the need to notify the employer of your choice in writing by December 31, 2021. Only certain categories of citizens who, for objective reasons, were unable to do so earlier, can submit an application after this period.

The recommended form of notification, which can also be sent to the general director, is given in the recommendations of Rostrud. Below is a sample of filling out such a notice for the General Director.

Example of filling out a notice to the director

Limited Liability Company "Alfa Plus"

February 20, 2021

On the transition to maintaining information about labor activity in electronic form (electronic work book)

Due to changes in labor legislation, from January 1, 2021, basic information about your work activity and work experience will be generated electronically. According to Article 66.1 of the Labor Code of the Russian Federation, this is information about:

You as an employee;
Your place of work;
Your work function;
transfer of an employee to another permanent job;
about dismissal, indicating the grounds and reasons for termination of the employment contract,
other information provided for by the Labor Code of the Russian Federation and federal legislation.

Starting from January 2021, Alpha Plus LLC will monthly transfer the specified information about your work to the Pension Fund of the Russian Federation.

You have the right until December 31, 2021 (inclusive) to submit to the personnel department of Alpha Plus LLC a written application for the employer to continue maintaining a work book in paper form or with a request to provide information about work activities in electronic form. To submit your application, you may use the form attached to this notice.

If you do not submit any of these applications, Alfa Plus LLC will continue to keep your work book in paper form.

If you submit a written application to provide you with information about your work activity in electronic form in accordance with Article 66.1 of the Labor Code of the Russian Federation, Alpha Plus LLC will issue you a work book and will be released from responsibility for its maintenance and storage. When issued, a record will be made of the filing of an application for the employer to provide information about work activity in accordance with Article 66.1 of the Labor Code of the Russian Federation.

We ask you to inform Alpha Plus LLC about your choice by filling out and submitting an application on the attached form.

The completed application must be submitted to the company's HR department no later than December 31, 2021.

Head of HR Department Vasechkin I.P.

The notification was received on February 20, 2021 by Petrov M.K. /signature/

Notification of participants about dismissal and convening of a general meeting

The manager has the right to resign by notifying the employer in writing no later than 1 month in advance. Moreover, such a notice period is valid upon termination of both fixed-term employment contracts (regardless of their duration) and indefinite ones. The same is true in Rostrud.

FROM AUTHENTIC SOURCES

“ Article 280 of the Labor Code of the Russian Federation provides for the procedure for terminating an employment contract at the initiative of the head of the organization, regardless of the type of employment contract - fixed-term or unlimited

The employer for all employees, including the manager, is the LLC. Let us recall that it acts through its governing bodies. Therefore, the manager must notify the highest management body of his dismissal.

general meeting of participants;
the only participant.

In general, participants do not need to make a decision to fire a manager if he wants to resign himself. But they are obliged to elect a new candidate for the sole executive body of the LLC. And the resigning director must convene their extraordinary general meeting to resolve this issue

Participants must be notified of the general meeting no later than 30 days before the date of the meeting. Please note that by this time each participant must have received notice. Therefore, if it is sent by mail, then the date of the meeting should be set taking into account the “mileage” of the letter.

Since the notice of convening a general meeting must indicate the issues on the agenda, this document will also serve as a notice of dismissal.

You can format it like this.

Participant of Techservice LLC I.N. Agafonov

Notification of an extraordinary general meeting of participants of Techservice LLC

Dear Ilya Nikolaevich!

Based on the powers granted to me by clause 5.6 of the Charter of Techservice LLC, clause 2 of Art. 35 and paragraphs. 1, 2 tbsp. 36 of the Federal Law of 02/08/98 “On Limited Liability Companies”, I inform you about the convening of an extraordinary general meeting of participants of Techservice LLC with the agenda of electing a new general director in connection with the early dismissal of the current general director at his own request. Statement by A.S. Petrov’s notice of dismissal is attached (entry No. 227 dated July 21, 2014).

When an LLC consists of one participant, then from the day he receives the specified notification, he is considered notified of both the dismissal of the manager and the need to make a decision on the appointment of new candidates to this position

But on what date will the general meeting of participants be considered notified of the dismissal of the manager?

Since it is the general meeting that needs to be formally notified of this, and not the participants, then it will be considered notified on the day on which its meeting is scheduled (regardless of whether the meeting is held by the participants or not). Therefore, before resigning, the manager must work after the date of the general meeting for 1 month (in the absence of other agreements with the general meeting). That is, in total, at least 2 months from the date the participants received notice of the convening of an extraordinary general meeting.

The courts are liberal in this matter. In their opinion, the LLC is considered to be notified of dismissal from the date of receipt of the corresponding notification by the last participant

Let us remind you that the notification can be given to participants personally against signature. Or you can send by telegram or registered mail with acknowledgment of delivery:

participant organizations - at their location address specified in
for citizen participants - at the address of their place of residence, which the LLC has.

The legal address of participating organizations can be found using the electronic service for verifying counterparties: Federal Tax Service website → Electronic services → Business risks: check yourself and the counterparty

The LLC must have information about the addresses of citizen participants, because it is obliged to maintain a list of participants. Moreover, if the address is already out of date, and the participant has not notified the LLC about this, then notifying him at the existing address will be considered proper. Since all the risks associated with the participant’s failure to provide current information about himself to the public are borne by the participant

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

If for some reason the list of participants was not kept, then you can look for their addresses in other LLC documentation. Such data can be found, for example, in certificates (if any were submitted to the Federal Tax Service), in the constituent agreement, and sometimes in the charter.

It will not be possible to obtain this information from the Federal Tax Service, since the addresses of individual participants are protected personal data and tax secrets. Only the f. And. O. participants. And the only thing you can get from the Federal Tax Service is a response about the correspondence of the data you provided about the participants’ addresses with the data contained in

How to write a statement to the director

If the general director wants to keep a work record book electronically, he must sign a written application to this effect by December 31, 2021. If you intend to continue keeping a paper book, you must also submit an application about this, or simply remain silent - in this case, no changes will occur.

The director can write an application for transfer in free form and submit it to the name of the organization. There are no mandatory details established for it, with the exception of express consent to the transition. The director's application is submitted to the personnel department or another person responsible for personnel document flow, or an accountant.

Below is a sample of how a director can fill out such an application.

At Alfa Plus LLC

From General Director Petrov M.K.

Application for provision of information about labor activity

In connection with the notification I received dated February 20, 2021 and on the basis of Article 66.1 of the Labor Code of the Russian Federation as amended by Federal Law No. 439-FZ of December 16, 2021, I hereby inform you of my choice and ask you to provide me with information about your work activity in accordance with Art. 66.1 Labor Code of the Russian Federation.

I ask you to hand over your work book.

February 20, 2021 Signature Petrov M.K.

In addition to taking measures for the transition to electronic work books for himself personally, the general director is responsible for the correct organization of this process in the enterprise as a whole. A competent approach and an open policy towards employees will allow the transition to be carried out within the time limits established by law and in compliance with legal requirements.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The management of the enterprise is carried out by its manager, who works for the business entity, like its other employee, under an employment contract. The law determines that the director can also initiate termination of the employment relationship.

Therefore, it is important for the manager to know how to draw up a letter of resignation from the director of an LLC at his own request.

Self-dismissal procedure

The procedure for dismissing a manager is no different from the procedure for dismissing any other employee. The only peculiarity is that the manager himself can sign all the documents related to his dismissal - an order, as well as a work book, if the LLC does not have another employee responsible for maintaining work records

In this case, the wording of the dismissal entry in column 3 of the “Information about work” section of the work book will be the same as when dismissing other employees at their own request: “Dismissed at their own request, paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation That is, refer to Art. 280 of the Labor Code of the Russian Federation (“Early termination of an employment contract on the initiative of the head of the organization”) instead of Art. 77 of the Labor Code of the Russian Federation, as sometimes happens in practice, is not necessary. This was confirmed to us by Rostrud.

FROM AUTHENTIC SOURCES

“ According to the Rules for maintaining work records, upon termination of an employment contract on the grounds provided for in Art. 77 of the Labor Code of the Russian Federation (except for cases of termination of an employment contract at the initiative of the employer and due to circumstances beyond the control of the parties), a record of dismissal is made in the work book with reference to the corresponding paragraph of part one of this article. Therefore, when the head of the organization submits a resignation letter to the employer at his own request, the dismissal order and work book should indicate clause 3, part 1, art. 77

SHKLOVETS Ivan Ivanovich Rostrud

How long does it take to write a resignation letter for a director?

Since the director of a legal entity has broad powers to represent the interests of the company and significant responsibility, the process of dismissal at will differs from terminating the contract with an ordinary employee of the company.

The main difference is that the manager must submit an application at least one month before his departure. This is due to the fact that it is necessary to notify a wide range of people about your dismissal, including government bodies, for example, the tax office, where the company was registered.

The written statement must be reproduced in as many copies as the company has owners. They must be sent via letters or couriers to their postal addresses. It is important that all participants are notified of the general meeting no later than 30 days before it takes place.

On the other hand, the owners need time to choose a new director for their company, so that he can solely represent the company, and to whom the old director must transfer existing affairs, explain the current situation, etc.

The owners cannot directly manage the activities of their company, and therefore, without the appointment of a new director and the dismissal of the old one, a period of “powerlessness” will begin in the company. It is important to remember that the thirty-day warning period also applies in a situation where a fixed-term employment contract has been concluded with the manager.

According to the Labor Code, a manager can be hired on a probationary basis. If he decides to terminate the employment agreement during its completion, then the standard provisions of the Labor Code apply to him. This means that in this situation he must give notice of dismissal three days before the required date.

The director can resign in a shorter period of time, it all depends on the owners and their ability to approve a new director. But for this he must have their consent. There is judicial practice according to which the early dismissal of a director was considered illegal if his application was not marked with a new date for termination of the contract with him.

The nuances of this procedure

Roughly speaking, this is exactly the same letter of resignation at his own request or by agreement of the parties that any other employee writes in the name of his employer. (Article 81, Article 77 Labor Code). The differences from a “simple” dismissal are in the procedure for carrying out the dismissal; it will be more complex.

Articles on the topic (click to view)

What to do and where to go if you are not paid upon dismissal
What to do if you are laid off at work
What to do if the employer does not want to fire at his own request
What to do if the date of the dismissal order is later than the date of dismissal
What to do if the employer does not give the work book after dismissal
What to do if you didn’t work officially, you were fired, you didn’t get paid
What is the employer obliged to give the employee on the day of dismissal?

The fact is that in relation to the director of the company, the functions of the employer are performed by the general meeting of participants.

During this time, the resigning director transfers affairs to the future head of the company or changes his mind about resigning, which the directorate officially notifies.

Of course, no one will fire the head of a company just like that, in one action. The procedure will consist of the following steps:

the director notifies the LLC directorate in writing about the convocation of an extraordinary meeting - at least a month in advance, by sending registered letters to the residential addresses of LLC members;
the decision to dismiss is made based on voting (this must be reflected in the minutes);
if the decision is made, a standard T-8 order is issued to terminate cooperation (signed by a new authorized person; if one has not been appointed, then even the chief accountant can act in his role). The reason for the dismissal is not stated; it will be enough to refer to Art. 77 TK;
a corresponding entry is made in the director’s work book;
The directorate of the company submits an official notification to the tax office about the change of head of the LLC.

Download the dismissal order form T-8
order to dismiss the director

The fact that a director is removed from office strictly at a special meeting and by voting should not be scary in case someone votes against it. This is rather a formal procedure to comply with the legality of dismissal (Article 280 of the Labor Code). No one can refuse to leave a person at his own request, even if he is the head of the enterprise.

Article 280 of the Labor Code of the Russian Federation. Early termination of an employment contract at the initiative of the head of the organization

The head of the organization has the right to terminate the employment contract early by notifying the employer (the owner of the organization's property, his representative) in writing no later than one month in advance.

If the members of the board of founders ignore the call to the meeting, the director can go to court regarding the inaction of the founders with a demand to recognize him as relieved of office, and at the same time to enter information about the replaced head of the company into the Unified State Register of Legal Entities.

In addition, we must not forget that Art. 80 of the Labor Code, and it states that if the employee has complied with all the formalities for notifying the employer regarding the planned dismissal, this gives him the right to terminate cooperation without waiting for a response.

When transferring affairs, the outgoing director first makes an inventory of the property; if a shortage is discovered, he makes up for it and pays creditors. Cash is handed over to the bank, documentation - to a notary or to the archive. The founders also need to be notified about this - the date of transfer and where the documentation is stored.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

The situation is somewhat simpler if the general director is the only founder of the company. In this case, he does not need to write any statements to anyone and listen to other people’s opinions, too.

According to current legislation, the founding director has the right to relieve himself of his position at any time (Article 273 of the Labor Code).

He also makes a corresponding entry in the work book with reference to the order number.

To whose name should the application be sent?

Due to the fact that the contract with the director is concluded by the owner of the company (owners), the dismissal of the director at his own request stipulates that an application with such a request must be sent to the owners of the organization.

Consideration of this document, if the company has several owners, should take place at a general meeting. The statement is usually drawn up in this case addressed to the chairman of the meeting, but it is also possible to simply address it to the members of the meeting in general.

Therefore, the resigning manager must send the founders a notice of this event with the exact date and time, and attach duly certified copies of his application to the invitation.

Whether the application is accepted or not will be decided at the meeting. But in fact, this is only a nominal event, since no one can force the director to continue working, and after a month he can resign. Managers must accept the proposal by issuing an appropriate protocol.

The dismissal of the general director at his own request in a company with one owner involves filing a document in the name of the sole founder. He must consider it and make an appropriate decision on it, which must be drawn up in the form of a document with the same name.

It is enough for the founder to issue a decision in which he informs about the revocation of his powers. When the company intends to carry out activities in the future, in the same decision it is necessary to designate the person who will assume these powers.

Pre-dismissal efforts

The manager bears full financial responsibility for direct actual damage caused to the company by himself, and for losses caused to the company by his actions, in cases provided for by law.

Therefore, the resigning manager should, in particular:

report on accountable amounts, if any, are registered with him, keep copies of all advance reports and documents attached to them and hand over all surpluses to the cashier;
notify the certification center and the bank of his dismissal in order to prevent cases of misuse of his electronic signature verification key certificate on documents for counterparties and on payments in the Bank-Client system after he leaves the company;
on the last day of work, hand over to the new manager the keys, seals and documentation of the LLC according to the acceptance certificate.

resignation letter from LLC director

The main difference between such an application and a document submitted by a simple employee is its addressee. To whom exactly the application should be addressed can be found in the agreement on admission as a director.

The resignation letter, as in the simple case, is drawn up from the top right sheet.

There you need to write to whom this document is:

If the company has a single owner, then “Founder” is indicated in the header, then the name of the company is written, after which the full name. owner.
In the case where there are several owners, the meeting can be addressed simply: “General Meeting of Owners”, then the name of the company is written down.
If the meeting has a chairman, then the application must be addressed to him: “Chairman of the general meeting of owners,” and then write the name of the company.

Next, on this side of the sheet it is indicated who this application is from - you need to indicate the exact name of the position of the compiler and his full name.

Then in the middle part of the page the name of the form is indicated - “Application”.

The text of the application must begin with a reference to the article of the Labor Code regulating the procedure for dismissing a director at his request - “In accordance with Art. 280 Labor Code of the Russian Federation."

Then the letter “I” is placed, and you need to write your full name, separated by a comma, followed by a respectful request to be released from your position at your own request.

This request can be expressed in various ways. For example, the wording “I ask you to terminate the employment contract early at your own request” is acceptable.

At the end of the phrase you need to insert the date of dismissal. According to the law, it must occur no earlier than a month from the date of writing the application.

After this, you need to step back a little, and put the date of compilation and sign.

Approach the issue of filling out an application for LLC registration with all responsibility. The new form P11001 is machine-readable, which means that any deviation from the standard may result in refusal of registration. In case of refusal, the entire package of documents will have to be filled out and submitted again, as well as the state fee must be paid again.

The nuances of this procedure

The fact is that in relation to the director of the company, the functions of the employer are performed by the general meeting of participants.

During this time, the resigning director transfers affairs to the future head of the company or changes his mind about resigning, which the directorate officially notifies.

Of course, no one will fire the head of a company just like that, in one action. The procedure will consist of the following steps:

the director notifies the LLC directorate in writing about the convocation of an extraordinary meeting - at least a month in advance, by sending registered letters to the residential addresses of LLC members;
the decision to dismiss is made based on voting (this must be reflected in the minutes);
if the decision is made, a standard T-8 order is issued to terminate cooperation (signed by a new authorized person; if one has not been appointed, then even the chief accountant can act in his role). The reason for the dismissal is not stated; it will be enough to refer to Art. 77 TK;
a corresponding entry is made in the director’s work book;
The directorate of the company submits an official notification to the tax office about the change of head of the LLC.

Download the dismissal order form T-8
order to dismiss the director

Article 280 of the Labor Code of the Russian Federation. Early termination of an employment contract at the initiative of the head of the organization

According to current legislation, the founding director has the right to relieve himself of his position at any time (Article 273 of the Labor Code).

He also makes a corresponding entry in the work book with reference to the order number.

Sample application P11001 for LLC registration in 2021

application P11001 sample several founders;
application P11001 sample one founder.

In accordance with the requirements for the preparation of documents submitted to the registration authority, the application is filled out in capital letters in Courier New font with a height of 18 points. If you fill out the application form manually, use black ink in capital block letters.

1. On page 1 of application P11001, fill in the full and abbreviated name of the LLC. In section 2, we indicate the exact registration address of the LLC in accordance with the certificate and letter of guarantee or registration in the passport (in the case of registration at the home address of the director or one of the founders).

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

You can find out the postcode by address using the Russian Post service. The requirements for document preparation also approved the following applications for mandatory use:

When specifying the code of the subject of the Russian Federation 77 (Moscow) or 78 (St. Petersburg), clause 2.4. The city is not filling up.

2. On page 2 of application P11001, we complete entering the address of the LLC. In section 3 we indicate information about the amount of the authorized capital of the LLC.

On sheet B of application P11001, page 1, we enter the following information about the founder - an individual: last name, first name, patronymic, TIN, date of birth, place of birth and details of an identity document (passport).

TIN and patronymic, if available, are required to be filled out. If you cannot find your TIN or don’t remember whether you received it, use the Find out your TIN service. If you have not received a TIN and the “Find out your TIN” service confirms its absence, then leave the TIN field empty.

If you have any difficulties filling out the application form P11001 or you are afraid of making a mistake and being refused, use the free online service for preparing documents for LLC registration in 10 minutes. This service will help you prepare documents for LLC registration without errors, free of charge.

The dismissal of the general director is carried out according to a special algorithm. It is important to know the procedure in order to carry out the procedure within the framework of labor legislation.

Many questions arise regarding the application. Managers do not know in whose name to write such a document, how to draw it up, to whom and in what time frame to submit it for consideration.

There are certain nuances in this matter that you need to know about in order to correctly draw up a letter of resignation for the general director.

1 In whose name should the application be written?
2 Form and content of the document
3 Writing sample
4 Notification of LLC founders about resignation from the position of general director
5 How to properly prepare a letter to the tax office?

In whose name should the application be written?

One of the pressing issues when dismissing a general director is in whose name the application should be written. Here you need to proceed from the statutory documents of the enterprise.

According to the law, the application is submitted for consideration to the person with whom the employment contract was concluded. If the labor agreement was signed by the owner of the company, then you need to contact him directly. When there are several owners, then the statement of the general director is addressed to all persons and is further considered at the meeting.

If the director is the only founder, then he has the right to decide to resign his official powers independently. In this case, the question in whose name to write the application becomes irrelevant. The manager draws up a document on the termination of his managerial activities, which he himself signs.

Form and content of the document

There is no single application form for the dismissal of a general director approved at the federal level. Therefore, a free form of writing is used. It is important to include all the necessary information in such a document.

An application for resignation of the general director at his own request must contain the following information:

information about the sender and addressee;
Company name;
Title of the document;
reason for leaving position;
date of dismissal;
reference to labor legislation;
date of application;
signature.

It is recommended to adhere to the following document structure:

a cap . It is indicated to whom and from whom the application is being written. This part is positioned in the upper right corner of the sheet;
title of the document . It is written in the center of the line with a capital letter. There is no period at the end;
main part. Information is provided on early termination of an employment contract on personal initiative. A link is given to Article No. 280 of the Labor Code of Russia;
conclusion . The date the document was compiled is noted. Opposite it is the surname and initials of the applicant and his signature.

Writing sample

Founder of Windows and Doors LLC

General Director of Windows and Doors LLC

Bolotov Vladlen Viktorovich

Statement

In accordance with Article No. 280 of the Labor Code of the Russian Federation, I, Vladlen Viktorovich Bolotov, ask you to release me from my position at my own request on December 30, 2019.

12/12/2019 (signature) V.V. Bolotov

Depending on who the top manager’s employer is, the rule in whose name the application should be drawn up changes.

It's fast and free!

Dear readers! To solve your problem right now, get a free consultation

— contact the duty lawyer in the online chat on the right or call: