Location of the seal on the letter
In accordance with the standard, the imprint is a mandatory detail with serial number 25, located at the bottom of the document, just below the line that indicates the position and surname of the person who signed the document. The imprint should be positioned so as to partially overlap the title of the position, but not overlap the signature and surname of the person who signed the document.
In some cases, the place where the seal is placed on letters or other documents is indicated by the letters “MP.” This suggests that the imprint should be placed directly on top of these letter designations.
Do I need a seal in the primary?
The list of mandatory details of primary documents is given in Art. 9 of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting”. The primary document must necessarily indicate its name, date of preparation, name of the compiler, content of the fact of economic life, etc.
In addition, primary documents must contain the signatures of responsible persons indicating their last names and initials or other details necessary to identify these persons.
The organization's seal is not included in the required details of the primary document.
Consequently, its absence does not affect the legal validity of the document and does not interfere with confirmation of the fact of the business transaction.
What kind of letter is certified by a seal?
- on documents certifying the rights of the bearer;
- on those that record facts related to cash flows;
- in other cases requiring certification of the authenticity of the signature.
The law does not establish a clear list of documents on which this or that seal is affixed. But, if you follow the recommendations of the above-mentioned GOST, a stamp is placed on the letter if it:
- is guaranteed;
- confirms the fulfillment of previously assumed or the assumption of new payment obligations;
- establishes a delivery schedule or, for example, a phased payment schedule.
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 .
Is a stamp required on an official letter?
Previously, when the forms of organizations and enterprises were produced exclusively by printing and each of them had its own registration number, there was a rule according to which a seal was not placed on a letter printed on the form. With the exception of letters with financial content, of course. But nowadays, in almost all enterprises, in order to save time and money, forms are created in ordinary text editors installed on any computer and printed immediately on a printer. There is no particular difficulty in forging any form.
Note:
If the letter is unstamped and printed on a form, but there are doubts about its authenticity, you must contact the sending organization at the contact numbers indicated in the header of the form and clarify whether they sent such a document.
It makes sense to draw up a local regulatory act that will regulate the procedure for using seals at the enterprise and will clearly state which letters need to be certified with a seal. This document will define a list of business papers that must necessarily require certification, and will also establish rules in which cases and on which documents a stamp or equivalent seal will be affixed, and on which - a simple one.
Legislative abolition of seals
The mandatory use of seals when preparing documents at the legislative level was abolished on April 7, 2015, when Federal Law No. 82-FZ of April 6, 2015 came into force. He amended the Federal Law of December 26, 1995 No. 208-FZ “On Joint-Stock Companies” and the Federal Law of February 8, 1998 No. 14-FZ “On Limited Liability Companies.”
The Federal Tax Service reminded that LLCs and JSCs are not required to have a seal
In accordance with the amendments, LLCs and JSCs were released from the obligation to use seals when documenting their actions and operations. At the same time, they retained the right to have seals, stamps and forms with their name, their own emblem, as well as a duly registered trademark and other means of individualization.
Thus, the use of seals was transformed from an obligation into the right of organizations. At the same time, the law itself on the abolition of seals still stipulated a number of cases in which organizations are obliged to use them:
- if the mandatory use of the seal is provided for by the organization’s charter;
- if the company's obligation to use the seal is provided for by separate laws.
Having taken these norms into account, a number of organizations made the necessary changes to their charters, stipulating in them the obligation to use seals. Others continued to work as before, using seals in place and in place for any reason. All these circumstances have led to the fact that seals are used by some organizations and individual entrepreneurs even now, in the era of the widespread introduction of EDI and the general transition to electronic digital signatures.
Should I put a stamp on a cover letter?
The cover letter itself does not have any information load. This type of business correspondence is drawn up in the form of an introductory part, usually consisting of a standard stamp phrase: “At the same time, we are sending you;. "and a numbered list describing each document included in the shipping package.
There is no direct need to put a stamp on the cover letter, even if the package of documents includes some business papers that have the nature of financial and guarantee obligations, the same contracts, for example.
Note:
It is strictly forbidden to put a stamp on blank letterheads or blank sheets of paper - this is a direct path to abuse and fraud.
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.
Mandatory details of the employment contract
An employment contract is a special form of document that establishes the legal relationship between the two parties to cooperation. It is concluded when hiring a new employee. The agreement must take into account the smallest details, therefore, although the legislation does not have developed forms for writing them, it regulates the information that should be included in it.
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
Article 57 of the Labor Code of the Russian Federation contains an exhaustive list of what must be stipulated in the contract. It also indicates what the approximate type of document should be, namely how the preamble and the final part of the form are drawn up.
The completeness of the points and their content depends on what kind of agreements were reached by the parties, but there are some points that cannot be avoided. These include information about the parties to future cooperation, the date of signing the agreement, details of the employee and employer.
Parties' details
Each contract must begin with clarification of information about who exactly enters into the employment relationship.
This is important to know: Open-ended and fixed-term employment contract with the general director
Employment agreements always involve two sides of interaction:
- An individual, namely an employee hired for a position. The preamble contains his last name, first name and patronymic in Russian; information is taken from the passport for correctness.
- Entity. Since the organization itself cannot represent its interests, a person is always appointed who is entrusted with this mission. Usually this is the head or general director of the enterprise. When specifying information about him, you should write his position, then the name of the organization and only then his full name.
Please note that it is unacceptable to enter the information of the organization rather than the manager in the “employer” column.
Document information
Information about the employee and employer must be supported by documents. For an individual, the identification document is a passport. The passport can be of the Russian Federation or another state. The agreement includes information about what document identifies the employee, its series and number, when and by whom it was issued.
It is also important for the employer's representative to provide documentary evidence of his authority. It can be expressed in two documents:
- Charter of the enterprise.
- A power of attorney issued to the manager to perform functions.
If the organization’s Charter states that all representative functions are performed by the director, then the agreement provides a reference to this document. If you have a power of attorney, you must indicate its number and expiration date. Be careful, it is not the date of issuance of the power of attorney that is stated, but the expiration date of its term.
Taxpayer identification number
A taxpayer identification number is a convenient tool for systematizing tax payments and the ability to track the history of their implementation. For legal entities, obtaining a TIN is a necessity that they cannot do without, which is why each organization has this individual number.
An individual may, at his discretion, contact the tax department at his place of registration and receive his TIN absolutely free of charge. Since this measure is not mandatory, not all taxpayers bothered to receive it.
Therefore, for an organization, the TIN must be indicated, and for an individual, only if it is available.
Place and date of conclusion
Another mandatory point is to indicate the place and date of the contract. The place means the city in which the enterprise is located; it should not be specified in more detail; there are other clauses in the agreement for this.
Without indicating the date of signing the document, the contract will generally be considered void, so do not forget about this small nuance. The date is the day on which the agreement is signed by the parties. However, the date may not always precede the start of work; in some cases, the contract is signed after the employee has begun to perform his duties. The Labor Code allows you to draw up an agreement after the employee has started working, but no later than three working days from the moment he assumes his direct duties.
Contracts cannot be concluded in the past; the date must always correspond to real time.
This is important to know: Fixed-term contract with an employee: mandatory conditions, sample 2021
Signatures of the parties
The document must be completed by signing; it is this action that puts it into effect and makes it official.
To register the place of signatures of the accepted employee and employer, it is customary to write down detailed addresses of the parties. For an organization, a legal address is indicated, and for an individual, two masses can be registered at once - registration and actual residence, provided that he does not live at his place of registration. Contact numbers are also indicated here. Detailed details of the organization may be specified. Below this information are the full names of the parties, next to which they affix their signatures.
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.
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).
Submit reports via the Internet to the Federal Tax Service, Pension Fund and Social Insurance Fund
When can a stamp be affixed (if available)
Many laws directly indicated that when making certain transactions, affixing a seal is mandatory. But since having a seal is not necessary, these laws have been adjusted. And they provided for in which cases the seal impression should be affixed only if it is available. We have summarized the list of such laws in the table.
| Name of the law | Stamping |
| Labor Code of the Russian Federation (Article 230). | The seal (if any) must be used to certify the report of an industrial accident. |
| Arbitration Procedural Code of the Russian Federation (Part 5, Article 61). | A power of attorney on behalf of the organization must be signed by its head or other authorized person and affixed with the organization’s seal (if any). |
| Civil Procedure Code (Part 3 of Article 53 of the Code of Civil Procedure of the Russian Federation). | A power of attorney on behalf of an organization is issued signed by its head or other authorized person, sealed by the seal of this organization (if any). |
| Civil Code (paragraph 9, clause 1, article 913 of the Civil Code of the Russian Federation). | To issue a double warehouse receipt, you must use a seal (if available). |
| Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” (Part 10, Article 16). | The audit log must be stitched, numbered and certified by the seal of a legal entity or individual entrepreneur (if any). |
| Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” (Part 2, Article 54). | A power of attorney issued on behalf of an organization to another person must be signed by the head or another authorized person and affixed with the seal of the organization (if any). |
| Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (Part 9, Article 18). | When submitting copies of constituent documents to the registration authority, they must be certified by the seal of the legal entity (if any). |
| Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” (subclause 5, clause 1, article 10.2). | The release (sale) of ethyl alcohol is carried out if the purchasing organization has a copy of the notice of advance payment of excise duty certified by the signature of the head and seal (if any) with a mark from the tax authority at the place of registration of the buyer of alcohol. |
| Federal Law of July 16, 1998 No. 102-FZ “On Mortgage (Pledge of Real Estate)” (paragraph 6, paragraph 1, article 17, paragraph 2, article 25). | The seal (if any) must be certified by:
|
| Federal Law of April 22, 1996 No. 39-FZ “On the Securities Market” (clause 1 of article 17, paragraph 11 of part 4 of article 18, clause 10 of article 27.5-3). | The seal (if any) must be certified by:
|
| Federal Law of December 21, 2001 No. 178-FZ “On the privatization of state and municipal property” (paragraph 4, paragraph 1, paragraph 1, paragraph 2, article 16). | The seal (if any) must be certified by:
|
| Federal Law of November 27, 2010 No. 311-FZ “On customs regulation in the Russian Federation” (clause 6, part 3, article 90) | The stamp (if any) must be affixed: on a copy of the auditor's report on the reliability of the financial statements attached to the application for inclusion in the register of authorized economic operators |
| Federal Law of 04/05/13 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (Art. Art., ). | The stamp (if any) must be affixed:
|
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| Natalia (guest) [email protected] | |
| Hello! Please tell me, is it still correct to put the organization’s round seal on an outgoing letter or is it not necessary? When you scroll through your incoming letters, it’s like: who puts and who doesn’t mark on their letters. How is it really right? Thanks a lot!!! | |
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| Sophia (guest) [email protected] | #2[74539] April 13, 2009, 12:25 |
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| Irina [email protected] Belarus Wrote 787 messages Write a private message Reputation: | #3[74542] April 13, 2009, 12:30 |
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1. I’m growing wings, I’m tired of flying without a broom
2.Having heard the voice of your conscience, proudly tell it: “SO YOU ARE”!!! 3. All women live by the same motto: LOVE CANNOT BE USED... But where to put a comma, everyone decides for herself!!! | Irina [email protected] Belarus Wrote 787 messages Write a private message Reputation: | #4[74544] April 13, 2009, 12:32 |
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1. I’m growing wings, I’m tired of flying without a broom 2.Having heard the voice of your conscience, proudly tell it: “SO YOU ARE”!!! 3. All women live by the same motto: LOVE CANNOT BE USED... But where to put a comma, everyone decides for herself!!! | Genuha [email hidden] Belarus, Minsk Wrote 128 messages Write a private message Reputation: | #5[74592] April 13, 2009, 13:30 |
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Per aspera ad astra| lyly03 [email hidden] Belarus, Minsk Wrote 307 messages Write a private message Reputation: | #6[226740] October 5, 2010, 1:56 pm |
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| Lynx [email hidden] Belarus, Minsk Wrote 2356 messages Write a private message Reputation: 678 | #7[226866] October 5, 2010, 15:52 |
Scroll: letter
133. Letter is a generalized name for documents of various contents, distinguished in connection with a special method of transmitting text (transfer by mail and other communication channels). 134. Depending on the content, the following types of official letters are distinguished: letters of request, letters of response, covering letters, claims, guarantees, reminders, notices, invitations, etc. 135. Letters are drawn up in structural units whose competence includes resolving relevant issues . 136. Letters are signed by the heads of the organization and its structural divisions in accordance with their competence and distribution of responsibilities, enshrined in the local legal acts of the organization. 137. The date of the letter is the date of its signing.
I want to draw the moderator's attention to this message because:Notification is being sent...
The greatness of a nation and its moral progress can be judged by the way it treats animals. (M. Gandhi) “Now that we have learned to fly through the air like birds, to swim under water like fish, we lack only one thing: to learn to live on earth like people...” (J.B. Shaw) They think about us Only those who are worse than us are bad, and those who are better than us - they simply have no time for us (Omar Khayyam)| Sergey Ivanovich [email hidden] Slonim Wrote 1744 messages Write a private message Reputation: 761 | #8[226880] October 5, 2010, 16:09 |
Svetik wrote:
So we have a question. Only I'm arguing with a lawyer. I poke her in the nose with instructions that say “62. Props “Print”. The “Seal” attribute is placed on documents that require special certification of their authenticity. Three types of seals are installed: the seal of the organization, the seal of the structural unit of the organization, the seal indicating its intended purpose (for documents, etc.). Seals of organizations are divided into official ones (seals with the image of the State Emblem of the Republic of Belarus) and simple ones. The procedure for use and responsibility for storing seals are established in the local regulatory legal acts of the organization, developed in accordance with the legislation of the Republic of Belarus. 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 necessary on original documents and their copies, including facsimile ones, 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.” and she told me by DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS on October 15, 2007 N 498, in particular which says the following: “In order to take additional measures to protect and ensure the implementation of the rights and legitimate interests of citizens and legal entities, the proper consideration of their appeals by government bodies AND OTHER ORGANIZATIONS: 1. Establish that: Appeals from legal entities must contain: the name and (or) address of the organization to which the appeal is sent; full name of the legal entity and its legal address; statement of the essence of the appeal; surname, first name, patronymic and signature of the manager or person authorized to sign applications in the prescribed manner, certified by the seal of the legal entity.” Which one of us is right? I, too, have always believed that it is obligatory to print on letters of guarantee, i.e. Where there is a phrase, payment is guaranteed.
So Svetik, this Decree does not apply to all “letters”, but only to appeals
to the authorities that are named in the Appendix to this Decree (a stamp is required there)
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| Lynx [email hidden] Belarus, Minsk Wrote 2356 messages Write a private message Reputation: 678 | #9[226891] October 5, 2010, 16:22 |
Scroll: opinion
QUESTION: Which outgoing letters are certified with the organization’s seal? ANSWER: The need to certify a document with a seal is established by regulations. Sample instructions for office work in ministries, state committees and other central government bodies, institutions, organizations and enterprises of the Republic of Belarus, approved by order of the Chairman of the Belkomarchiv dated May 23, 1995 No. 13, provide for the affixing of a seal in all cases of certification of the rights, freedoms and obligations of individuals and legal entities , when authorizing the expenditure of funds and material assets. As a rule, outgoing letters that require additional identification are certified with a seal.
These include: guarantee, financial content, sent to tax, customs authorities, banks, etc. In most cases, the legal force of a letter is ensured by the use of company letterhead and the signature of an official of the organization (manager, chief accountant or other official).
In order not to be confused in this matter, a list of documents, incl. It is advisable to include outgoing letters certified by the organization’s seal as an appendix to the organization’s office management instructions. In accordance with State Standard 6.38-2004 “Unified documentation systems of the Republic of Belarus. System of organizational and administrative documentation. Requirements for the preparation of documents”, the seal is placed in such a way that it captures part of the job title of the person who signed the document and part of his personal signature. The imprint of the seal affixed must be clearly readable. 06/30/2008 Irina Bogacheva, assistant secretary
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The greatness of a nation and its moral progress can be judged by the way it treats animals. (M. Gandhi) “Now that we have learned to fly through the air like birds, to swim under water like fish, we lack only one thing: to learn to live on earth like people...” (J.B. Shaw) They think about us Only those who are worse than us are bad, and those who are better than us - they simply have no time for us (Omar Khayyam)| Ksenia [email hidden] Belarus, Minsk Wrote 54 messages Write a private message Reputation: | #10[384556] October 15, 2012, 12:29 |
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