It would seem that everything has already been said about printing, and it is unlikely that anything can be added. What could be easier than “stamping” the documents you brought? However, when faced with training trainees, I realized that even such a simple manipulation sometimes raises difficulties and questions, and therefore requires certain clarification.
On what documents and in what cases do you need to put a seal?
First of all, it is necessary to remember that the main seal of the organization is certified only by the signatures of the first persons: the manager, his deputy, the chief accountant.
To certify the signatures of heads of departments/departments/divisions in the structure of the organization, auxiliary seals are used - seals of structural divisions, for example, “Human Resources Department”, “Credit Department”, etc. In this case, the name of the department on the seal and in the organizational structure of the organization must be identical .
The list of basic documents that must be certified by a seal was developed by VNIIDAD in the 80s of the last century. You can rely on it when developing internal rules for using seals of your organization. However, we should not forget that a lot has changed in three decades. In addition, the list contains documents that are subject to certification by the main seal, and ignores their auxiliary colleagues - the seals of structural divisions.
Agreements;
Check books;
Payment orders, instructions for transfer of funds, other accounting documents confirming the passage of funds (memorial orders, etc.);
Bank cards and other documents with sample signatures of authorized persons submitted to the relevant organizations for transactions performed by the organization;
Archival certificates confirming work experience, copies (extracts) of archival documents;
Reports in the prescribed form, etc.
Internal departmental instructions may stipulate the mandatory presence of a seal on requests sent to third-party organizations (for example, requests from law enforcement agencies to banks about the flow of funds in the accounts of suspected organizations).
But orders and instructions for core activities, as well as letters, with the exception of financial and guarantee letters, are not certified by seals.
List of documents certified seals of structural divisions, should be specified in the local administrative document of the organization.
It should be remembered that most personnel documents (orders, instructions, etc.) are not stamped. An exception is the work book, in which the title page (when filling it out or making changes) and the dismissal record must be sealed.
The seal of the preschool education service certifies copies of replicated internal documents.
note
There is a lot of controversy surrounding printing on invoices. This issue was put to rest by Decree of the Government of the Russian Federation dated February 16, 2004 No. 84, paragraph 12 of which included the requisite “M.P.” has been excluded from the standard invoice form.
Where to put the stamp?
Regardless of the type of seal, there are universal rules for affixing them to documents: the seal is affixed either in a specially designated place (M.P.), or so that it covers the end of the job title of the person who signed the document. This requirement is enshrined in clause 2.6.22 of the Standard Instructions for Office Work in Federal Executive Bodies, approved by Order of the Ministry of Culture of Russia dated November 8, 2005 No. 536.
If it is necessary to certify a certification inscription on a bound document, the seal impression must cover both part of the certification sheet and the surface to which the sheet is glued.
The seal imprint on the receipt for the cash receipt order should also cover that part of the document that remains in your organization.
It is unacceptable to put a stamp over a personal signature.
How to stamp?
- When “printing” documents, especially payment ones, try to ensure that the print is not dull or blurry. A poorly readable or partially printed seal impression may become a reason for a notary to refuse to certify a copy of a document, and for a bank to refuse to accept a payment order for execution. Therefore, change (refill) the ink pad in a timely manner.
- After replacing or refilling the ink pad, before putting a stamp on the document, make a control impression on the draft. Sometimes the print needs to be blotted of excess ink to avoid the print being washed out or smudged.
- When preparing to “stamp” a document, make sure there is nothing underneath it. A paper clip, unevenly folded sheets of a multi-page document, or another foreign object lying under a stack of documents may interfere with the print. As a result, you will get half of it or a smeared print.
Print care
As a result of use, the rubber cliche becomes clogged with dirt, the letters become like blots. A sloppy seal on documents not only does not look good on the organization, but is also grounds for refusing to accept certain documents, such as payment orders. You can maintain the seal in proper form using an ordinary toothbrush, which can gently clean the cliche without damaging the applied design. After cleaning, the seal should be rinsed under running water and blotted.
State system of documentation support for management. Basic provisions. Requirements for documents and documentation support services (approved by the board of the USSR Main Archive on April 27, 1988; order of the USSR Main Archive dated May 23, 1988 No. 33).
Sometimes organizations with branches, delegating powers to their representative, draw up a power of attorney incorrectly: instead of the seal of the parent company, they put the stamp of the division. Such a power of attorney is invalid.
According to clause 2.2 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69.
According to clause 35 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 (as amended on May 19, 2008).
The need for companies to have their own seal and put it on documents was increasingly questioned: with the development of information technology, printing became less necessary. Now, at the legislative level, the seal has been abolished: for LLCs and JSCs the seal does not have to be done. But at the same time, there are some types of documents that must be stamped.
Do you need a seal for LLC and JSC?
Is a seal necessary? Previously, when registering an LLC or JSC, a mandatory condition was the production of a company round seal of the organization, which indicated the name of the organization and its location (city or district, republic, region).
Now companies registered and doing business in the form of LLCs and JSCs (joint stock companies) may not do this. The law (on LLC and JSC, each separately) states that an organization has the right to have a seal. This means that the organization also has the right not to have a seal.
For entrepreneurs who conduct business in the form of individual entrepreneurs, nothing has changed: they may not have had a seal before. In this regard, individual entrepreneurs and LLCs are equal.
You can register an LLC or individual entrepreneur for free.
In general, specialists and experts assess the changes positively:
Firstly, It has become easier to prepare documents.
Secondly, This is still the spirit of the times: with the development of information technology, more and more documents, reports, declarations, business letters are prepared, signed and sent electronically.
The regulation on the seal in an LLC or JSC must be in the charter
According to the law (both about LLC and JSC), the charter of the enterprise must state that the organization has its own corporate seal. Information about the presence of a seal in the charter can be stated in the section where general information about the company is indicated - company name, legal address, etc.
This is the case if the LLC or JSC has a seal. At the same time, we are not talking about the fact that the seal must be round; it can be of another shape - triangular, square, rectangular.
If an LLC or JSC has, for example, a round seal, but the charter does not say anything about this, then you will need to amend the charter and register the presence of the seal there.
It will be easy to start accounting for the movement of goods in the goods accounting program Business.Ru Retail, which will allow you to maintain full-fledged financial, warehouse and trade accounting. At any time convenient for you, you can receive reports on expenses, costs per unit of goods, number of units, selling price and much more.
Documents that do not always require a seal
Indeed, now, according to the law, you don’t have to put a stamp if you don’t have one. The law states this: “if it exists.” Documents that are sealed only if available are the following:
- Report on an accident at work or during the work of personnel. If the organization does not have a seal, then the act is drawn up without a seal;
- Power of attorney on behalf of the organization. It is usually issued to an employee either to represent the interests of the enterprise, for example, in court or in business negotiations, or to receive some goods;
- Double warehouse receipt;
- Inspection log;
Read more: How to amend the charter of an LLC in 2018 - Copies of constituent documents are certified by signature and seal, if available, when these copies are submitted for registration of rights to real estate;
- When an enterprise purchases ethyl alcohol, for example, for the production of alcoholic beverages, a stamp is also placed on the notice of payment of excise taxes, if available;
- Statements on securities accounts and mortgages on the fulfillment of an obligation secured by a mortgage. This applies to transactions under the mortgage law;
- Decision on the issue of securities, certificates of issue-grade securities and decisions on the issue of Russian depositary receipts. This applies to JSC;
There is no need to rush to abandon printing just yet.
According to experts, changes regarding the use of printing and the abolition of printing itself simplify both the life of entrepreneurs and the preparation of documents, stimulating the transition to modern digital methods of document management (electronic documents, digital printing of an enterprise, etc.).Printing in its usual form no longer meets the requirements of the time and, by and large, does not perform the functions that are assigned to it. Mainly it is identification of the company, protection of documents from forgery, etc.
At the same time, there are many unified forms that are mandatory to use in certain cases, and these forms provide for a seal imprint.
Therefore, it is better to print anyway; the costs of its production are insignificant. And if there is already a seal, make changes to the charter of your LLC, but do not destroy the seal itself yet.
Because while printing and the need for its use have not been abolished everywhere and completely, it may come in handy.
Expert opinion
Alexey Gordeychik, lawyer, manager of Gordeychik and Partners:
– To enter into civil legal relations, a seal in accordance with the Civil Code of the Russian Federation was, as a general rule, never required.
The only exceptions are certain entities, for example, notaries and credit organizations, whose presence of a seal is a mandatory requirement of the law.
For everyone else, putting imprints on contracts is just a tribute to tradition and, importantly, a fairly effective, but not adding legal force, means of protecting one’s own documents from forgery.
Of course, the parties may directly stipulate otherwise when entering into a contractual relationship, and the law may require the same from them. Although at present, even a warehouse seal is affixed to warehouse receipts only if one is available.
The legislation does not have a general rule according to which all documents must be sealed. Stamp as a required requisite personnel document is strictly necessary only in specially established cases, for example, in a work book.
In addition, the direct regulatory requirement to have a seal does not apply to all organizations. For example, seals are not mentioned in relation to additional liability companies and partnerships.
Let us note that the Federal Law of August 8, 2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs” also does not oblige organizations or individual entrepreneurs to have a seal. When registering legal entities, in accordance with the said Law, it is not required to submit to the registration authorities either a sketch of the organization’s seal or other information about it.
At the same time, federal laws concerning other forms of legal entities require a seal. This requirement is defined in:
paragraph 5 of Article 2 of the Federal Law of February 8, 1998 No. 14-FZ “On Limited Liability Companies”;
paragraph 7 of Article 2 of the Federal Law of December 26, 1995 No. 208-FZ “On Joint Stock Companies”;
paragraph 3 of Article 2 of the Federal Law of November 14, 2002 No. 161-FZ “On State and Municipal Unitary Enterprises”;
These laws establish that the seal of a legal entity must be round, contain the full company name and an indication of the location of the company.
So, the need to have a seal is directly established only for some organizational and legal forms of legal entities. However, the requirement for seals can be justified not only by a direct indication of the relevant legal act, but also indirectly, from the meaning of the legislation. This is exactly the interpretation given by the Supreme Court of the Russian Federation, resolving one specific case: “... in business practice, the presence of a seal for any legal entity and private entrepreneur is recognized as mandatory and self-evident. Without such a seal, a current account cannot be opened in a bank or other credit institution, transactions and other documents cannot be properly certified. Under such conditions, in accordance with Article 6 of the Civil Code of the Russian Federation, the application of civil legislation by analogy is allowed.”
So, legal entities and individual entrepreneurs are required to have a seal, otherwise they will not be able to properly draw up certain mandatory documents, including personnel documents.
Printing details
As already mentioned, certain laws establish the following details as mandatory: round stamp : full company name and location. The seal may also contain the company name in any language of the peoples of the Russian Federation and (or) a foreign language. Sometimes a trademark or other means of individualization is placed on the seal (usually in the center). If they are absent, the abbreviated name of the legal entity is placed in the center.
Previously, the production of seals was strictly controlled by government agencies. This was established in the previously effective order of the USSR Ministry of Internal Affairs dated February 13, 1978 No. 34 “On approval of instructions on the procedure for opening stamp-engraving enterprises (workshops), manufacturing seals and dies.” Thus, it was possible to order an organization’s seal from a stamping and engraving workshop only with a special permit issued by the internal affairs bodies. To obtain such permission, it was necessary to submit an application accompanied by an extract from the charter and a sketch of the seal itself. The Instructions stipulated that the seal had to contain the name of the organization (not abbreviated). Separate requirements were imposed on the seals of branches. And even the production of so-called "simple" seals (seals of the general department or personnel department, triangular seals, corner stamps, seals for certificates) was impossible without authorization by the internal affairs bodies.
This Instruction lost force on the territory of the Russian Federation due to the publication of Order No. 48 of the Ministry of Internal Affairs of the Russian Federation dated February 14, 1994. However, regional legislation for quite a long time after that retained the licensing procedure for the production of seals. For example, in Moscow, to obtain permission to make a seal, they applied to the district or city department of internal affairs (clause 4.14 of the Regulations on the procedure for registering enterprises in Moscow, approved by Decree of the Moscow Government of September 17, 1991 No. 97). This order existed in Moscow until 1997.
At one time, Moscow legislation established additional requirements for mandatory seal details. These requirements were established in the Temporary Rules for the production and basis for the destruction of seals and stamps on the territory of Moscow (approved by the mayor’s order No. 843-RM dated August 25, 1998), which became invalid on February 8, 2005.
In particular, the mandatory indication of the following details was provided:
full name of the organization in Russian indicating the organizational and legal form;
location;
main state registration number;
number of the city Register of seals.
For “simple” seals, in addition to the listed details, an additional inscription was provided, for example, “secretariat”, “office”, “administration of affairs”, “personnel department”, “for accounts”, “for certificates”, “for certificates”, etc. .d.
It was possible, at the discretion of the organization, to indicate the tax identification number (TIN) and code according to the All-Russian Classifier of Enterprises and Organizations (OKPO).
To obtain permission to make a seal or stamp, it was necessary to obtain permission from the Moscow Registration Chamber. To do this, the organization had to submit a sketch of the seal (stamp) and other necessary documents.
Currently, the registration of legal entities and individual entrepreneurs is the responsibility of the federal government, which does not establish any additional requirements for seal details and their production, except for indicating the full name and location. However, legal entities follow business customs that have developed in practice and do not limit their seals to only mandatory details. On the contrary, it is customary to indicate as many details as possible.
If an organization decides to create a “simple” seal, for example, for the personnel department, this seal must contain all the details that are on the “main” seal of the organization. However, in the center, instead of the logo, the inscription “FOR THE HR DEPARTMENT” is placed. If the organization does not have a personnel department (for example, there is only a personnel inspector or a personnel manager), then ordering a seal for the personnel department is completely impractical. Then the additional details in the center of the print look like this: “FOR HR DOCUMENTS.” However, the Rules and Instructions indicate specifically the seal of the HR department (that is, the seal of the corresponding structural unit), and not another “simple” seal (however, inspectors very rarely pay attention to this).
If in an organization the HR department is called the “HR Department” and its functions include working with work books, then in the center of the seal it is advisable to put exactly this additional detail: “HR DEPARTMENT.” The procedure for using this seal should be fixed in the regulations on this structural unit or other local regulatory act of the organization.
Stamp on the employment contract
The Labor Code of the Russian Federation (Article 67) mandatory requires the existence of an employment contract in writing in two copies (one for the employee, the other for the employer). The requirements for the content of an employment contract are determined in Article 57 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), however, the legislator does not provide for the mandatory presence of a seal of a legal entity or individual entrepreneur on it. At the same time, an unstamped signature of the employer’s representative may raise questions about its legality, especially if the employer’s representative signing the employment contract is not the head of the legal entity (director, general director, president), but another authorized person (for example, deputy head, director of staff, etc.). It is quite possible that during “corporate wars” a manager, deprived of his powers by the founders, refuses to leave his post and continues to “manage” the organization, including hiring employees and signing employment contracts with them. Such a “leader” no longer has access to the organization’s seals, so his signature remains uncertified. This means that the absence of a seal of a legal entity (individual entrepreneur) on an employment contract should alert the employee. Typically, auditors also make a remark if the employment contract is not sealed by the employer. In fact, we are talking about a legal custom that has developed in the field of labor law and prescribes sealing contracts (labor, full financial liability) and additional agreements (appendices) to them.
It is also a mistake to certify the signature of the employer (his representative) not with the seal of the organization, but with any so-called “simple” seal (for example, a seal “for the personnel department”).
Printing on orders
Orders are not stamped. This is due to the fact that the order is an internal administrative document that includes the newly hired employee in the organizational ties of the enterprise. So, personnel workers begin to keep a time sheet for this employee, make an entry about the appointment in the work book, etc. based on the admission order. The unified form of an order for hiring an employee does not provide for this detail (the abbreviation “M.P.” is missing). In principle, it is permissible to keep personnel orders in any form, but even in this case, a seal is not needed.
However, we should not forget that the employee has the right to demand a copy of the employment order (Part 2 of Article 68 of the Labor Code of the Russian Federation). Copies of employment orders, as well as other copies of personnel documents coming from the organization, require proper certification, which is impossible without affixing a seal.
How to certify copies of personnel documents
Article 62 of the Labor Code of the Russian Federation obliges the employer to provide the employee with copies of work-related documents, and these copies must be “properly” certified. Let's look at exactly how copies need to be certified and what regulations should be followed.
According to the Decree of the Presidium of the USSR Armed Forces of August 4, 1983 No. 9779-X, which is still in force today, “On the procedure for issuing and certification by enterprises, institutions and organizations of copies of documents relating to the rights of citizens” (hereinafter referred to as the Decree), the accuracy of the copy of the document must be certified by the signature of the head or an authorized official and a seal (except for cases where a certain document requires notarization).
GOST R 6.30-2003 defines exactly what the certification inscription should look like (see Example 1):
below the “signature” attribute the inscription “True” is placed;
his personal signature is affixed;
the signature is deciphered (initials, surname);
the date of certification is indicated;
stamp is affixed.
Also in practice you can find the following certification inscription (see Example 2). This method of assurance is completely acceptable.
Most often, employees apply for a copy of their work record book (for example, to obtain a foreign passport, etc.). Sometimes they ask for a copy of the order for part-time employment so that the “main” employer can make a corresponding entry in their work book.
Since we are talking about personnel documents that are stored in the personnel department, their copies are certified by the inspector of the personnel department. It is desirable that the local regulatory act of the organization (for example, in the Regulations on the personnel service of an enterprise or in the instructions for personnel records management) define the procedure for such certification, and also determine which copies are permissible to be certified with the seal of the personnel department. This is fully consistent with the recommendations of GOST R 6.30-2003, which allows copies to be certified with a seal determined at the discretion of the organization (clause 3.26).
Of course, GOST R 6.30-2003 is not generally binding; in fact, it contains recommendations. However, the Decree does not place emphasis on the type of seal, defining only that “the accuracy of a copy of a document is evidenced by ... a seal” (without specifying “the seal of the organization”). In other words, the regulatory legal act is indifferent to the type of seal affixed during certification. Therefore, the recommendations of the State Standard of the Russian Federation do not contradict the rules of law in this part.
The decree also requires that the date of its issue be indicated on the copy and a note be made that the original document is in the given enterprise, institution, or organization. In practice, this requirement is hardly observed, for which there are many explanations. For example, the HR department issues a copy of the work book. It is clear that its original, in full compliance with the Rules for maintaining and storing the work book, approved by Government Decree No. 225, is stored in the safe of the personnel department. However, this original will not be stored there forever; sooner or later the work book will be handed over to the employee upon dismissal (unlike, for example, a hiring order, which is stored for at least 75 years). An indication of the date of issue also has no legal significance to certify the authenticity of a copy of a document. Rather, this has to do with the internal relationship between the employee and the employer, because the employer is obliged, no later than three working days from the date the employee submits the application, to give him copies of work-related documents (Article 62 of the Labor Code of the Russian Federation). In addition, it is absolutely not necessary to make such a mark on the document itself if the enterprise keeps a log of the issuance of certificates and copies of documents.
Stamp in the work book
With regard to work books, this requirement is enshrined in the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 (hereinafter referred to as the Rules) and the Instructions for filling out work books, approved by the resolution Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 (hereinafter referred to as the Instructions).
Thus, a stamp is required on the title page and is affixed when registering a work book (clause 2.2 of the Instructions). To do this, there is a corresponding field in the lower right corner, marked with the abbreviation “MP.” In this case, you can use both the organization’s seal and the HR department’s seal.
The seal is also affixed to the inside cover when changes are made to the information contained on the title page (clause 2.3 of the Instructions).
For example, the most common case is that an employee got married and changed her maiden name to her husband’s last name. The personnel officer is faced with the task of reflecting these changes in the employee’s work book. To do this, he crosses out the previous surname with one thin line, allowing what has been crossed out to be read, and carefully enters the new surname above it. The instructions require making such changes only on the basis of relevant documents (in this case, a marriage certificate) and making a reference to them on the inside cover of the work book. Such a reference must be certified by the signature of the employer or a person specially authorized by him and the seal of the organization (or the seal of the personnel service).
Particular attention should be paid to the certification of records upon dismissal of an employee (clause 35 of the Rules). Thus, upon dismissal of an employee, all entries made in his work book during his work in this organization are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the organization (personnel service) and the signature of the employee himself.
Note that similar requirements were contained in the Instructions on the procedure for maintaining labor books at enterprises, institutions and organizations (approved by Resolution of the USSR State Committee for Labor of June 20, 1974 No. 162).
When certifying records upon dismissal, the most common mistake that occurs is that the personnel officer mistakenly affixes the seal of another organization. This usually happens in holding-type structures. Then a situation arises when the certification was carried out by an organization that is not related to the organization that opened this block with its name (full and abbreviated).
How to fix this error? Unfortunately, neither the Rules nor the Instructions provide any answers to this. Many experts suggest that after an incorrectly closed block of records, open a new block of the same organization in the form of a full and abbreviated name, make a corrective entry declaring the dismissal record invalid, certify it with signatures and affix the correct seal. Such a decision is not flawless, because there are no grounds to recognize the dismissal record as invalid. In this record, all details (serial number of the record, date, wording, order details) correspond to reality. In addition, the certification record has a completely independent nature and applies not only to the dismissal record, but to the entire block of records (see paragraph 35 of the Rules: “upon the dismissal of an employee... all entries ... are certified..."). It seems completely pointless to recognize all records with a given employer as invalid.
The certification record in this case is erroneous due to the incorrect “seal” detail. Therefore, it is this that needs to be corrected. Many people get by by affixing the correct seal next to it. But the presence of two seals as details in the document looks incorrect. Imagine an employment contract, sealed by the employer with two seals, one of which is not related to the legal entity acting as the employer. Of course, this is unacceptable.
Some personnel officers suggest making a corrective entry with the following content under the following serial number:
They offer to put the correct stamp next to this entry. However, the block of records has already been closed with a record of dismissal and certified (even if certified not entirely correctly). Therefore, the former employer has no reason to make any entries thereafter. And opening a block of records to make just one certification entry is pointless, because such a record cannot exist in isolation from those records that are being certified.
So, there is no ideal way out of this situation; any correction of an incorrectly affixed seal will in one way or another contradict the Instructions and Rules. It seems that any of these methods can be chosen, but the employee should be given a certificate confirming the period of work with this employer, and advised to keep this certificate for presentation to other employers and pension authorities (if necessary).
In the same way, explanations should be made if the seal on the inside cover of the work book is mistakenly affixed (“the seal of such and such an organization is affixed incorrectly”). For example, when making an entry about a change in surname, the personnel officer used the wrong stamp during certification. Only instead of a supporting certificate in this case, it is appropriate to issue a certified copy of the order, on the basis of which the employee’s surname was changed in the organization’s documents.
If an erroneous stamp is affixed under the entry about the addition of information about education and / or profession, then in this case you can issue a certificate drawn up in any form, which will certify that the corresponding entry on the cover was made by this particular employer.
Sometimes it happens that the stamp affixed partially does not correspond to the name of the organization in the title. This may be a mistake made by the personnel officer who carelessly opened the block of records. An incorrect organization name is also almost impossible to correct because it is not numbered. In this case, the solution would also be to issue a certificate confirming the corresponding period of work experience.
A similar error also occurs if a record of a change in the organization's name is missed. For example, Romashka LLC was renamed Romashka Audit Firm LLC, and this is reflected in its constituent documents. Accordingly, when dismissing an employee, the employer will affix a seal belonging to Romashka Auditing Firm LLC. But since they simply forgot to make a record of the renaming, the name of the block of records does not correspond to the printing details. That is, it is formally considered that these entries were made by two different organizations.
Until the block of entries is closed, it is quite easy to make a missing entry (clause 3.2 of the Instructions). But if the entries are already closed, then there is no longer any reason to make a missing entry. Of course, you can open a new block of records and make the missing entry, but by the time such an error is discovered, the employee may already be working in a new place. In this case, a certificate is again issued, which reflects information about the employee’s length of service and about the renaming of the organization that occurred during the period of his work. The employee has the right to present such a certificate at a new place of work, and the employer is obliged to make an appropriate entry based on this certificate (clause 27 of the Rules). The employee should keep such a certificate as a supporting document.
Quite often there are work books in which a block of records of an organization is closed with a notice of dismissal, the signature of the personnel officer and the signature of the employee, but the seal of the organization (the seal of the personnel department) is missing. This defect can be eliminated quite simply - the employee just needs to come to his previous place of work and ask for a stamp. The main thing is not to delay this, since the organization can change its name, order new seals and destroy old ones. Then certification with a seal may cause difficulties. But even in this case, issuing a confirming certificate will help.
Problems can also arise if they try to correct the lack of a seal when the previous organization has already been liquidated or reorganized. In these cases, for supporting certificates, you need to contact the legal successors of the organization or the archives where the personnel documents were submitted. However, the safety of documents on personnel is not always ensured properly, so it is likely that you may not receive an archival certificate. And then the corresponding block of records will forever remain without a seal and will be considered improperly certified. In principle, the subsequent employer can open his own block after such a block of records. However, recording seniority based on improperly certified previous records will be problematic.
An even more complicated situation arises when the work book lacks not only a certifying seal, but even a record of dismissal. Then the employer who hires the employee will not be able to maintain such a book, because formally the employee is considered to be working in another organization, although in reality this organization may already be liquidated. But if the employee presents an archival certificate, from which it will be clear that the dismissal was carried out, the “new” employer has the right to start his own block of records and, in its composition, reflect information about the dismissal of the employee from the previous place of work.
Location of the seal on the document
Placing a seal on a personnel document is also of no small importance. The most common mistake: the seal completely covers the personal signature of the official, thereby making it impossible to compare it with signatures on other documents or on signature samples (that is, its identification as genuine). Sometimes such stamping is intentional, because an unauthorized person signed for the official. Such a document has all the signs of a fake document and indicates the dishonesty of such an organization.
It is generally accepted that the seal covers part of the title of the position, leaving the personal signature of the official and its decoding open for reading. Similar rules have always existed in the USSR, and currently such requirements are enshrined in departmental acts that prescribe a certain procedure for office work to the relevant government bodies.
Another defect that is often found on documents is a seal imprint on a document that is too thick or too pale, as well as a print with a partially missing image (usually when the pressure is light). We recommend that the print is clear and legible.
* * *
Thus, the seal of the organization on personnel documents is necessary in cases where the document formalizes any mutual rights and obligations of the employer and employee, as well as in cases where the document or its copy certifies any facts or rights of the employee (including a former employee ). The employer's internal documents are not subject to sealing. And since the seal indicates the importance of the document, mistakes should not be made when affixing it. Otherwise, negative situations may arise both for the employee, who is deprived of the opportunity to prove his rights by presenting a document, and for the employer, who risks being brought to administrative liability for violating the procedure for conducting personnel records.\
2 In some cases, the law does not mention the indication of location as a mandatory seal detail (clause 4, article 3 of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations”).
3 Order of the Moscow Registration Chamber of January 20, 1999 No. 17 “On the procedure for approving sketches of seals and stamps” (in fact, the document has lost force). See also Moscow Law No. 44 of June 30, 2004 “On the Accounting of Seals” (lost in force due to the adoption of Moscow Law No. 28 of June 22, 2005).
4 Note that in the work book of the 1974 sample, as many as three columns were provided for such changes in the “surname” field. Therefore, in such books, the new surname is entered not at the top, but at the bottom, in a free column.
5 The employee’s signature may be missing if he was absent from work when drawing up a work book on the day of dismissal (for example, due to illness, etc.) or if he himself refuses to sign (usually in cases of “conflict” dismissal, “under article ").
6 See: “State system of documentation support for management. Basic provisions. General requirements for documents and documentation support services" (approved by the decision of the board of the USSR Main Archive of April 27, 1988, order of the USSR Main Archive of May 23, 1988 No. 33).
7 See: Standard instructions for office work and archive work in customs authorities (regional customs departments, customs houses, customs posts), approved. by order of the Federal Customs Service of Russia dated October 18, 2004 No. 160; Instructions for office work in the bodies and institutions of the prosecutor's office of the Russian Federation, approved. by order of the Prosecutor General of the Russian Federation of December 28, 1998 No. 93.
Issues related to the provisions on storage and use for organizations are clearly addressed in the Unified State Record Management System. These standards are recommended for use by all institutions that require it. The corresponding resolution was adopted quite a long time ago, but it remains relevant to this day.
A stamp is a solid form of cliche made of rubber. This form is used for making impressions on documents. Otherwise it is not possible to check them. One of the standards of the GOST R series sets out the requirements that seals must comply with.
But nothing is said about the practical rules by which seals are used, even in the texts of state-level standards. Many questions arise about how many stamps enterprises should keep. And in what cases is their use mandatory? Or about the appointment of someone responsible for the storage process. All these problems must be resolved personally by management.
There are three main types of seals:
- simple
- having the same meaning as stamp stamps
- the varieties themselves with coats of arms
From the very beginning, the development of official seals was carried out only for government agencies. They are also used by institutions that have the appropriate powers. This applies, for example, to private notary offices.
Round stamps with full name and address can be used in .
As for commercial organizations, they are characterized by the use of seals equivalent to stamp stamps. Typically, such instruments depict a company emblem or logos. Or names are applied to them. Indicating the number of the state registration certificate along with the TIN is mandatory for any organization.
Private entrepreneurs also do not carry out work without their own stamps. They are equal to stamp ones according to their status. But the stamps do not depict coats of arms with emblems, but the name, surname and patronymic of the entrepreneur, location, and registration number.
About the location of the seal imprint
The rules state that the prints are only on the bottom. Usually - in the same place where the directors put their signature. The seal may partially cover the position designation. The main thing is that it does not end up on the signature along with the transcript.
Sometimes they put a mark on it that depicts the place where the seal should be placed. This saves specialists a lot of hassle. Letters to designate such a place usually take up space on title pages in work books, accounting documents and certificates.
What exactly are stamps for?
It is impossible for documents to acquire legal force without seals. This is a tool for determining the authenticity of signatures of officials and the absence of forgeries. But this is not required for every personnel document. The current legislation does not have clear definitions as to when a seal is affixed and when it is not.
Sometimes documents prepared by the accounting department are certified with seals. The same applies to various agreements, collective labor agreements, and constituent documents of the company.
There is the following list of papers for which the presence of seals has become a mandatory requirement:
- Rules with instructions, descriptions of regulations and state schedules. And any other local regulatory acts
- Warranty letters after goods delivered, work performed
- Powers of attorney related to the implementation of certain actions
- Certificates and copies taken from the archive
- Service IDs
- Diplomas and certificates that are created specifically for employees
- Submissions and petitions that are tied to awards
- Required for and recommendations from places of work
- For travel certificates
- For acts
- When drawing up employment contracts along with additional agreements, civil documents, contracts for full financial liability
Rules for certification of documents in office work
If a seal is placed on an order or personnel letter, nothing bad will happen. Very disastrous consequences are possible only in a situation where the seal does not certify a document that really needs it. For example, some kind of agreement. Without a seal, it simply has no legal force. And in the event of court hearings, government authorities simply will not accept the document as evidence.
First, they are determined with, which require a seal in any case. Then they move on to drawing up special instructions for use. It also writes about where and when seals and stamps are placed, and how to use them correctly. The question of who is responsible for storing seals and the storage process itself deserves special consideration.
The optimal solution is to make such an annex to the general rules that relate to the company’s record keeping. If there are no general rules, then the instructions can be made as an independent document or as an addition to the charter. The manager will then need to issue a special order if it is necessary to certify a document with a seal that is not included in the local regulatory act. Over time, it is permissible to make changes to the list of documents requiring certification.
Separately, it is necessary to specify the order in which obsolete seals are destroyed.
A little about use and storage
The head of the organizational department usually has the main seal, which has a round shape. A special safe is used to store it. If the head of the organizational department is absent for a long time, the seal can be issued to employees against signature. Or if the device needs to be used on weekends or holidays.
As for auxiliary types, they are given personally to employees of the organization vested with the appropriate powers.
Auxiliary types of seals must be stored inside tables that must be closed. A sealable safe is needed to preserve the main and auxiliary seals, and the address stamp. Only authorized employees responsible for storage should have access to them.
A special one is kept in order to organize the accounting of devices. This document is maintained according to general rules that relate to strict reporting. Store such a magazine in a cabinet protected from fire to the maximum extent possible.
Stamping orders
Many people are interested in this issue. Orders are internal administrative documents of a particular organization. They usually do not require special certification or confirmation of authenticity. Therefore, the legislation does not have any clear requirements or prohibitions regarding printing on these papers.
Certification with a seal is required only for those who go to external organizations. For example, some banks may require this. In general, each organization has the right to determine for itself which internal documents must be stamped.
More about seals in office work
The manager must issue a separate order in order to practically approve a list of documents that require printing. A separate order or requires a list of officials who have the right to sign documents.
For legal entities, printing also becomes mandatory. Acts on industrial accidents, magazines and books, powers of attorney - this is just a small list of papers that require the use of this material. The use of seals in office work simplifies doing business. Moreover, the lack of printing makes it difficult to solve many problems.
Some legal entities are required by law to have this tool, regardless of whether they plan to use it in practice. For public organizations and cooperatives, for example, this is not a mandatory requirement. In work books, stamps are placed only in three situations:
- When the document is issued for the first time.
- If the employee's personal information changes.
- If there is a dismissal.
The only serious problem at present is the lack of rules for canceling erroneously placed seals.
It is permitted to use trademarks and trade names on seals as long as this does not violate the rights of others. Thanks to this, management has an additional tool for individualization. This helps you stand out from your competitors. The right to use a trademark arises immediately after it is completed. You can make a seal for an organization at any company that provides the relevant services. It is acceptable to use additional protection against counterfeiting. To do this, drawings are applied that remain visible or invisible.
Each leader decides for himself whether to use the seal or refuse it. Some regulations do not provide for the mandatory use of a seal at all.
Write your question in the form below
It would be interesting to understand how many official stamps a company can legally have. Often you have to deal with a situation where someone issues certificates of an enterprise with an official seal, although the enterprise has been closed for a long time.
Answer
For many years he worked as a clerk in a government organization. Special requirements were imposed only on official seals. they had to be approved by a higher organization. There were also special conditions for destruction. But simple seals could be ordered as many as you wanted.
Answer
It is worth considering in more detail whether an LLC can operate without a seal, because Federal Law No. 82 of 2015 will leave many questions for company representatives. In particular, the mentioned law removed the obligation for JSCs and LLCs to issue their own seal. The initiators of the bill once assured that the innovation reduces the period for registering a company and allows you to go through bureaucratic procedures within one day. In fact, the consequences of such an initiative backfired on many organizations. We'll talk about what we're talking about below.
New requirements
Considering the 2018 legislation and comparing it with last year’s laws, one can come to the conclusion that there are no major differences. It is based on the same Federal Law No. 82, thanks to which the use of a seal is not mandatory. If the LLC has made an appropriate decision and does not use the imprint in its work, this should be reflected in the organization’s charter.
More accurate answers can be gleaned from a series of orders that were issued at the end of 2016 by the Ministry of Labor (numbers 648, 588, and 589). With their help, it was possible to clarify a number of points, including in relation to the documentary base.
Let's consider a real life situation. For example, an LLC does not use a seal, but at some point it is required to issue a certificate of income to calculate benefits to the employee. In this case, you will have to attach papers that would confirm the rights of officials to sign the certificate. This may be a state registration certificate or an individual’s passport. In addition, if there is a request from the FSS, you may be required to provide the same papers.
Thanks to the orders, it was possible to resolve another important nuance - the need for a seal on the pages of the work book. Previously, the Ministry of Labor obliged to put a stamp even if the company did not use such a tool in its activities. Subject to the available clarifications, the seal should be provided to those societies that use it. Otherwise, the rules and regulations for 2017 remain unchanged.
Printing Features
The law on LLCs and JSCs clearly stipulates the data that must be reflected on the organization’s seal. This includes the full name of the company, location (settlement), as well as the current organizational and legal form. The name must be written in Russian or another language. The law does not provide any further information on this matter. At its own request, the company has the right to add a number of additional data - TIN, OGRN, KPP and others.
The law specifies only a list of details that should be reflected on the print, but also other parameters, for example, the size of the seal. That is why special workshops in the process of their activities rely on the requirements of GOST, which apply to seals. Additional prints may contain information regarding which service or papers it applies to. As for the shape, it can be different - round, rectangular, oval and so on.
Subtleties of registration and application
Previously, LLCs had to register a seal during the creation of the company, as well as approve its design. Today there is no need for this, and such requirements are not described in any legislative acts. This means that the public does not need to obtain notification or permission from government agencies to put the seal into effect.
Despite certain concessions, the use of a print cannot be taken carelessly, because this is one of the main business elements of any company. Moreover, government agencies recommend that each LLC create instructions on the use of archiving and document circulation taking into account GOST.
The instructions may include the following information:
- List of company imprints - main and additional, number of copies.
- Rules of application.
- Storage space.
- A list of positions that are responsible for preserving seals and also have the right to use them.
- List of papers in which the presence of reprints (main and additional) is required.
Stamps must be stored and issued to another person after making an entry in the journal and against receipt. If the seal is not used, it must be locked in a special box.
As noted at the beginning of the article, since April 2015, the use of imprint in the company’s work has moved from the category of obligations to the sector of law. From now on, each organization can decide for itself whether to use the seal. But in some laws you can find information according to which the use of an imprint is mandatory. This applies to RKO, BSO, as well as PKO.
For other papers that fall into this category, there is no need for an imprint. The main thing is that this information is reflected in the company's charter. The organization has the right to put an imprint on the most important papers - primary documents, reporting for the Federal Tax Service, personnel work books and other documents.
Special attention should be paid to contracts. If the agreement that was drawn up earlier indicated the mandatory presence of a seal, you will have to affix the stamp in the future or draw up an additional agreement where this clause will be excluded.
Results
Generally speaking, the abolition of printing is more of a plus than a minus for the company, because there is a visible trend towards a gradual move away from paperwork. Modern technologies do not stand still, new options for personal identification are emerging, and the circulation of papers is gradually moving into electronic format.
For example, when sending reports to the Federal Tax Service, a digital signature is increasingly being used, and when considering cases in court, the seal is perceived as an additional requisite, and there is no obligation to install a stamp. In addition, since 2013, LLCs received the right to personally create forms of primary documents, and the only condition for their use was their recording in the accounting policy.
So, at the beginning of its activities, a company should decide whether printing is necessary or whether it can be dispensed with. In the latter case, there is a high risk of encountering a number of difficulties, which have become less and less in recent years.
