Official seal where office work is placed. Once again about printing. Organizations are not required to stamp declarations and documents submitted to the inspection
Signatures of which officials of the organization are certified by the official seal?
Answer
Official - a person who, by appointment or based on the results of elections, performs the functions of a representative of power or temporarily or permanently holds positions in state institutions (state institutions), enterprises, organizations, parties, public institutions, organizations and formations related to the performance of organizational, administrative or administrative economic duties, or performing them under special authority.
Also, a special group of officials are citizens who are not in the public service, but authorized to commit actions that entail legal consequences. As a rule, such citizens include heads of organizations, directors, general directors, etc.
Thus, it can be said that, as a general rule, officials are treated as persons who carry out organizational and administrative functions to implement the competence of the relevant bodies (ie, managers, directors, etc.). At the same time, the director has the right to issue a power of attorney for the right to represent on behalf of the organization, including powers of attorney with the right of substitution.
Therefore, it is possible to certify with an official seal the signatures of a person authorized to act on behalf of the organization.
At the same time, in order to streamline the use of seals in an organization, it is advisable to develop instructions for the use of seals. The basis of the instruction is a list of documents certified by the official seal, as well as a list of persons entitled to use the official seal.
Note:
In federal state authorities, for example, the following provisions on official seals have been approved and applied:
1. Order of the Federal Property Management Agency of September 16, 2008 N 274
"On the Enactment and Procedure for Applying the Seal of the Federal Agency for State Property Management with the Image of the State Emblem of the Russian Federation"
2. Order of the Federal Border Service of May 26, 2008 N 48
"On improving the procedure for using and storing the seal of the Federal Agency for the Development of the State Border of the Russian Federation with the image of the State Emblem of the Russian Federation"
3. Order of the Ministry of Natural Resources of the Russian Federation of December 27, 2001 N 904
"On the procedure for using and storing the official seal of the Ministry of Natural Resources of Russia"
REGULATIONS ON THE STAMP SEAL OF THE MINISTRY OF NATURAL RESOURCES OF THE RUSSIAN FEDERATION
Details in the materials of the System:
Legal framework: "Organizational and administrative documentation. Requirements for paperwork. Guidelines for the implementation of GOST R 6.30-2003" (approved by the Federal Archives)
FEDERAL ARCHIVAL AGENCY
ALL-RUSSIAN RESEARCH INSTITUTE
DOCUMENTATION AND ARCHIVES
ORGANIZATIONAL AND MANAGEMENT DOCUMENTATION
DOCUMENT REQUIREMENTS
FOR THE IMPLEMENTATION OF GOST R 6.30-2003
7. Use of a seal imprint when processing documents
A seal is a mechanical device, a device containing a printing cliché for subsequent imprinting on paper. The imprint of the seal certifies the authenticity of the signature of the official on the documents.
In GOST R 6.30-2003, the name of the attribute has changed compared to GOST R 6.30-97, the new name is "seal imprint", which is more consistent with the essence of the attribute.
The seal impression in accordance with GOST certifies the authenticity of the signature on documents certifying the rights of persons fixing facts related to financial resources, as well as on other documents providing for certification of the authenticity of the signature.
Each organization has a round seal with its own name to certify the authenticity of the signature of officials. A number of organizations, in accordance with the Federal Constitutional Law "On the State Emblem of the Russian Federation", use a seal with a reproduction of the State Emblem of the Russian Federation or an official seal to certify the authenticity of the signatures of officials. The requirements for the stamp seal are established by GOST R 51511-2001 (with amendments No. 1 to GOST R 51511-2001).
In addition, the organization may use seals of structural divisions and other round and triangular seals that have a narrow functional purpose (for packages, for passes, etc.). Seals, in addition to the name of the organization, may have images of trademarks, emblems, symbols, as well as other details established by regulatory legal acts.
To streamline the use of seals in the organization, instructions for the use of seals are being developed. The instruction is approved by the head of the organization in connection with the special significance of the authentication of the document.
The instruction may have the following sections:
List of seals used in the organization;
Places of storage and positions of persons entitled to use seals;
The use of seals.
The instruction must also contain lists of documents certified by the official seal (seal of the organization), a seal without reproducing the coat of arms or other symbols, the seal of the structural unit. The preparation of instructions should be linked to the development of a table of unified forms of documents of the organization, in which there is a "seal" column.
The instruction defines the place of storage of seals and persons authorized to organize the storage, use of the seal and exercise control over its correct use.
The list of seals includes:
Name and number of copies of each seal authorized for use<*>;
Positions of persons authorized to store, use seals and control the correctness of their use.
The procedure for using seals is established by the organization in accordance with applicable regulations and taking into account the specifics of documenting its activities.
The rules of use are established for the imprint of each authorized seal according to the following exemplary scheme:
The basis of the instruction is a list of documents certified by the official seal. It may indicate:
staffing;
Sample signatures for opening accounts, etc.
Changes and additions to the list are allowed only at the direction of the head of the organization.
The use of seals in the organization is allowed only to employees specially appointed by order of the head. The right to use the official seal is granted to the first managers, officials from among the employees of the preschool educational institution or the financial service.
The imprint of the seal is affixed to documents drawn up in compliance with the current rules, signed and agreed upon in the prescribed manner.
The seals are subject to accounting in the DOW service and are issued to structural divisions of users against receipt in the registration and accounting form. In departments, prints are stored in securely locked cabinets.
The destruction of seals occurs in cases of liquidation of an organization, termination of activities as a result of a merger, accession, transformation, renaming of an organization or a separate structural unit, as well as mechanical wear of the cliche. Destruction is carried out according to the act with a mark in the registration and accounting forms.
Registration and accounting forms of seals, as well as sheets certified by the DOE service with their impressions, are included in the nomenclature of the organization's files.
On the basis of regulatory legal acts and its own experience, the organization draws up a list of document titles certified by the official seal (organization seal), and lists of document titles for each structural unit, certified by the seal of the relevant unit. The lists establish who personally and in what cases has the right to certify the authenticity of the document's signature. The right to have and use a seal should be fixed in the regulation on the structural unit.
The location of the official seal imprint in relation to the signature is not established in the current legal acts. It is recommended to place the seal imprint in such a way that the signature and all information on the imprint of the seal are clearly visible.
It is possible to place the imprint, without touching the signature, in a free space.
Legal framework: Civil Code of the Russian Federation
Article 185. Power of attorney
1. A power of attorney is a written authorization issued by one person to another person for representation before third parties. A written authorization to conclude a transaction by a representative may be presented by the representative directly to the relevant third party.
If the affixing of a seal in contracts is a voluntary matter, then on some other documents its presence is mandatory.
The power of attorney must be completely filled out and have a sample signature of the person in whose name it is issued. A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so by its constituent documents, with the seal of this organization attached (clause 5, article 185 of the Civil Code of the Russian Federation).
The absence of the seal of the organization that issued the power of attorney indicates the invalidity of this document as not meeting the requirements of the specified paragraph 5 of Art. 185 of the Civil Code of the Russian Federation (Resolution of the Federal Antimonopoly Service of the Volga District of May 28, 2009 in case N A49-7388 / 2006).
A seal will also be required when opening a personal account. Indeed, before opening a bank account, it is necessary to submit a package of documents, among which is a card with samples of signatures and a seal imprint (form N 0401026 according to OKUD).
When providing services to the public, organizations making cash settlements and (or) settlements using payment cards without the use of cash registers must issue to an individual a document on a strict reporting form, equated to a cash receipt. In pp. "and" clause 3 of the Regulations on the implementation of cash payments and (or) settlements using payment cards without the use of cash registers (approved by Decree of the Government of the Russian Federation of 05/06/2008 N 359) lists the mandatory details of such a document, among which there are organization seal.
The documents on which the presence of a seal is mandatory include separate forms of primary documents given in the albums of unified forms approved by the resolutions of the State Statistics Committee of Russia. The need for a seal imprint on them is indicated by the presence of the abbreviation "MP". In particular, the prop "Place of printing" is present in the following unified forms:
Waybill (Form N TORG-12, approved by Decree of the State Statistics Committee of Russia dated December 25, 1998 N 132);
An act of acceptance of work performed, a certificate of the cost of work performed and costs, an act of commissioning a temporary (non-title) structure, an act of suspension of construction, an act of suspension of design and survey work on unrealized construction (respectively, forms N N KS-2, KS- 3, KS-8, KS-17 and KS-18, approved by Decree of the State Statistics Committee of Russia dated 11.11.1999 N 100);
Bill of lading (form N 1-T, approved by the Decree of the State Statistics Committee of Russia dated November 28, 1997 N 78);
Act on the posting of material assets received during the dismantling and dismantling of buildings and structures (form N M-35, approved by the aforementioned Decree of the State Statistics Committee of Russia N 71a);
Acts on the acceptance and transfer of fixed assets, on the acceptance and delivery of repaired, reconstructed, modernized fixed assets, on the acceptance and transfer of equipment for installation, on equipment defects identified (respectively, forms N N OS-1, OS-1a, OS-1b, OS -3, OS-15 and OS-16, approved by Decree of the State Statistics Committee of Russia dated January 21, 2003 N 7);
Waybill of a truck (form N 4-P, approved by Decree of the State Statistics Committee of Russia dated November 28, 1997 N 78).
Without printing, these documents will be drawn up with violations. From the foregoing, it follows that a seal impression on primary accounting documents is necessary only when it is expressly provided for by the unified form.
The indicated abbreviation is also present on some unified forms of primary accounting documentation for accounting for labor and its payment (approved by the Decree of the State Statistics Committee of Russia of 01/05/2004 N 1):
In the act of accepting work performed under a fixed-term employment contract concluded for the duration of a certain work (form N T-73);
Travel certificate (form N T-10).
In the travel certificate, the seal is certified not only by the signature of the head of the organization sending the employee on a business trip, but also by the notes on the arrival of the business traveler at the place of business trip and departure from it. In the absence of the seal of the organization to which the employees are sent on a business trip, the tax authorities do not accept the costs of this business trip when calculating income tax.
On the receipt for the cash receipt order (form N KO-1) (approved by the Decree of the State Statistics Committee of Russia dated 18.08.1998 N 88), the requisite "M.P. (stamp)" is provided. The receipt, in accordance with the instructions for its use and filling out, must be signed by the chief accountant or a person authorized to do so, and the cashier. Signatures are certified by the seal (stamp) of the cashier. A similar provision is provided for in clause 13 of the Procedure for conducting cash transactions in the Russian Federation (approved by Letter of the Bank of Russia dated 04.10.1993 N 18). As you can see, the mentioned guiding documents are not talking about the seal of a legal entity, but about the seal (stamp) of the cashier.
The fact that the current legislation of the Russian Federation does not require the stamp of a legal entity to be affixed to a receipt for a cash receipt order was also confirmed by the judges of the FAS of the East Siberian District. The discrepancy between the prints of the seal on the receipt and the seal of the organization that accepted the money does not lead to the invalidity of the document (Resolution of the Federal Antimonopoly Service of the East Siberian District of January 22, 2009 N A33-11360 / 07-F02-7117 / 08).
All forms of tax returns submitted by organizations must be certified by a seal (clause 31 of the Procedure for filling out a tax return for value added tax, approved by Order of the Ministry of Finance of Russia dated October 15, 2009 N 104n, clause 2 clause 3.3 of the Procedure for filling out a tax return for tax on the profit of organizations, approved by Order of the Federal Tax Service of Russia dated December 15, 2010 N ММВ-7-3/ [email protected]).
When conducting audits, the tax authorities have the right to demand from the taxpayer (tax agent) documents confirming the correct calculation and timely payment of taxes (clause 1, clause 1, article 31, clause 1, article 93 of the Tax Code of the Russian Federation). Since not originals, but copies of documents are submitted to the Federal Tax Service of Russia, they must also be certified by the signature of the head and the seal of the organization (clause 2, article 93 of the Tax Code of the Russian Federation).
But in practice, there may still be an obligation for the seller to affix an imprint of his seal. So, corrections made to invoices must be certified by the signature of the manager and the seal of the seller indicating the date the correction was made (clause 29 of the Rules for Maintaining Logbooks for Received and Issued Invoices, Purchase Books and Sales Books When Calculating Value Added Tax , approved by Decree of the Government of the Russian Federation of 02.12.2000 N 914). Therefore, when correcting errors discovered after the preparation of the invoice, the organization that issued the invoice, including the tax agent, must certify them with the signature of the head (duly authorized person) and the seal (Letter of the Federal Tax Service of Russia dated 12.08.2009 N ШС- 22-3/ [email protected]).
The requirement to affix an imprint of the organization’s seal in work books is fixed, as mentioned above, in the Instructions for filling out work books, as well as in the Rules for maintaining and storing work books, preparing work book forms and providing employers with them (approved by Decree of the Government of the Russian Federation of 16.04. 2003 No. 225).
So, a seal is required on the title page and is affixed when registering a work book (clause 2.2 of the Instructions). To do this, in the lower right corner of this sheet, a corresponding field is provided, marked with the abbreviation "MP". In this case, you can use both the seal of the organization and the seal of the personnel service. Abbreviation "M.P." used on the first page of the insert in the work book (the form of the work book and the form of the insert in the work book approved by the aforementioned Decree of the Government of the Russian Federation N 225, their samples - by Order of the Ministry of Finance of Russia dated December 22, 2003 N 117n).
The seal is also affixed on the inside of the 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: a worker got married and changed her maiden name to her husband's name.
When an employee is dismissed, 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, his seal and the signature of the employee himself (clause 35 of the Rules).
Article 62 of the Labor Code of the Russian Federation obliges the employer to issue copies of documents related to work to the employee. Moreover, these copies must be properly certified.
According to the Decree of the Presidium of the Supreme Soviet of the USSR of 04.08.1983 N 9779-X "On the procedure for issuing and certifying by enterprises, institutions and organizations copies of documents relating to the rights of citizens" (valid insofar as it does not contradict the Labor Code of the Russian Federation (Article 423)) the accuracy of the copy of the document must be certified by the signature of the head or an authorized official and the seal (except when a certain document requires notarization). At the same time, the date of its issue is indicated on the copy and a note is made that the original document is located in this enterprise, institution, organization.
The aforementioned GOST R 6.30-2003 defines exactly how the certification inscription should look: below the requisite "signature" the inscription "Correct" is affixed; then the position of the person who certified the copy is indicated, his personal signature is affixed, the signature is deciphered (initials, surname), the date of certification is indicated and the seal is affixed.
All legal entities, it would seem, should have a seal available. However, neither GC RF or Federal law dated 08.08.2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" do not oblige them to do so. But such a requirement is still provided for by the norms of special laws:
For joint-stock companies - paragraph 7 of Art. 2 Federal Law No. 208-FZ of December 26, 1995 "On Joint Stock Companies";
For limited liability companies - paragraph 5 of Art. 2 Federal Law No. 14-FZ of 08.02.1998 "On Limited Liability Companies";
For unitary enterprises - paragraph 3 of Art. 2 Federal Law No. 161-FZ of November 14, 2002 "On State and Municipal Unitary Enterprises";
For non-profit organizations - Art. 3 Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations";
For housing savings cooperatives - paragraph 8 of Art. 3 Federal Law No. 215-FZ of December 30, 2004 "On Housing Savings Cooperatives".
At the same time, these legal entities have the right to have stamps with their name.
Note. Regional legislation for a long time still retained the permissive procedure for the manufacture of seals. For example, in Moscow, in order to obtain permission to make a seal, they applied to the district or city department of internal affairs ( 4.14 Regulations on the procedure for registering enterprises in Moscow, approved. Decree of the Government of Moscow dated September 17, 1991 N 97). This order existed in the city until 1997.
As you can see, the obligation to have a seal at the legislative level is not mentioned in relation to additional liability companies and partnerships.
What documents should be in the organization to work with confidential information? How to organize work in such a way as to exclude its leakage? How to properly acquaint employees with the rules for working with confidential information?
We'll talk about this in this article.
A commercial organization itself must organize the work with confidential information in the way that is right for it. Because the composition of confidential information in each organization will be different. One company protects trade secrets, another protects only personal data, and the third has notarial secrecy. State organizations have their own rules for working with chipboard documents.
But there are documents that will help organize the work with confidential information for any organization. If they are compiled, introduced and used, then work with confidential information will be easy to establish.
Documents for working with confidential information:
August 09, 2019
How to find out if one employee on the site is enough or if an assistant is needed? Why does one stay late every day, while the other leaves on time and manages to drink 5 cups of coffee? How to understand who really does not have time, and who works carelessly?
To answer these questions, calculate the volume of workflow.
Simply put, the workflow is incoming, outgoing and internal documents. That is, all documents that are registered in the organization.
The calculation of the volume of document flow answers the questions:
June 05, 2019
When I was a secretary, I trembled like an aspen leaf when the next meeting was expected. Because there needs to be a record. If the question arose of who would do it, then "not me, not me."
It is good that in our organization there was an employee responsible for preparing and formalizing the results of the meeting. He had a dictaphone, some sheets, records. For several days after the meeting, no one touched him, because he "drawn up the protocol." I found his work to be very difficult. To write down, to decipher, to make a protocol, to send out, to control the execution - it was beyond my understanding.
Therefore, I decided to create a step-by-step instruction on how to draw up a protocol. I hope it will help the secretaries feel more confident during this important mission.
May 13, 2019
We are so accustomed to writing some words with a capital letter that the fact that they can and even need to be written with a small one is surprising. So let's follow the rules instead of habits.
Birthday
Both words are capitalized. Yes, we can write them with a capital letter to be emotional and indicate the importance of the event, but from the point of view of the Russian language, this is not true.
We congratulate you on your birthday!
I celebrated my birthday in a friendly company.
April 10, 2019
Unlike the use of stamps and clericalism, even in an official business style is undesirable. They clog and weigh down the text, making it dry and uninteresting.
The reader does not understand what is actually hidden behind these expressions and perceives the text as an unsubscribe or a set of words. Therefore, texts with an abundance of clichés and clericalism are not read, but run through with their eyes, trying to catch on to something really important. And even interesting information can go unnoticed.
Yes, the use of stamps in an official business style is more justified than in a colloquial, artistic or journalistic style. This is due to the fact that often the function of a document is not to draw the reader's attention to the text, but simply to “unsubscribe”, to convey information.
However, if we write documents in a more understandable language, both the reader and the author will only benefit from this. A clear, concise, concise text is respect for the reader, which means a possible start of cooperation.
A speech cliche is a formulaic phrase that is easily reproduced in a certain context.Speech clichés speed up and facilitate communication processes. Yes, yes, business correspondence is also a way of communication. It is more convenient for us to write a ready-made formula and know that it will be understood by the other party.
Props 25 "Seal impression". Currently, in Russian office work, two types of seals are used to certify the authenticity of documents and certify copies of documents in an organization:
· home (stamp or branded ) seal,
· simple seals of structural divisions (10).
The main seal of the organization certifies the signatures of the head, his deputies, heads of the financial service, the chief accountant, his deputy, as well as other officials who are given the appropriate powers by a power of attorney or order of the head.
The right to depict the State Emblem of the Russian Federation on the seal of the organization is determined by Art. 4 of the Federal Constitutional Law of December 25, 2000 No. 2-FZ “On the State Emblem of the Russian Federation”. The rules for the design of the official seal are established in GOST R 51511-2001. Seals with reproduction of the State Emblem of the Russian Federation. Shape, dimensions and technical requirements (as amended by No. 1 of 12/26/2002).
main element stamp print is an image of a double-headed eagle. The official seal certifies the signatures of the head, his deputies, heads of the financial service, the chief accountant, his deputy, as well as other officials who have been granted the appropriate authority.
Official seals are placed on documents that require special certification: related to the receipt of money or material values, on identity documents, on guarantee and contractual letters.
The stamp seal is also used to certify copies of a number of documents, for example: copies of regulations, charters sent to government organizations, copies of court decisions and some other documents. There is a list of documents on which the stamp is affixed.
Used by non-governmental organizations branded seal, which is equated to a stamp. The emblem of the organization or the abbreviation of its name is placed in the center of the seal, and the full name of the organization and its state registration number (OGRN) are indicated along the circumference.
The location of the print of the main seal in relation to the title of the position and the personal signature of the official is defined in the Standard Instructions for Paperwork in the Federal Executive Bodies (approved by Order of the Ministry of Culture and Mass Communications of the Russian Federation of November 8, 2005 No. 536 and registered by the Ministry of Justice of the Russian Federation on January 27 2006 No. 418). The imprint of the seal must be well readable and capture only the ending of the name of the official who signed the document. Stamping a personal signature is unacceptable (11).
Simple Seals are used for internal documentation of the institution, on duplicated copies of administrative documents, on certificates, passes, when sealing parcels, packages. There can be several simple seals in an institution, organization, enterprise. In this case, two names are reproduced on the seal - organizations and structural units: "secretariat", "office", "case management", "personnel department", "protocol sector", "administrative department", etc. Unlike official seals, which have a round shape and standard sizes, simple seals can be of various sizes, and in shape - not only round, but also square, triangular, oval, etc.
By the nature of the materials from which the seals are made, they are divided into rubber and metal.
To affix marks on the receipt, registration, passage and execution of documents, as well as other reference marks, the relevant mastic stamps .
18.5. Marks on documents as a reflection of stages
their passage and execution
Props 26 "Note of certified copy" used to certify that a copy of a document matches the original. The mark is placed below the requisite "Signature" from the left margin of the document. The props consist of a confirmation inscription Right(with a capital letter, without quotation marks), the title of the position of the person who certified the copy; personal signature, decoding of the signature (initials, surname), certification date.
Copies of documents are certified by the head of the organization or officials authorized by him (deputy, head of the personnel service, office work, etc.).
Head of the Protocol Sector Personal signature L. I. Ivanov
On the copy of the outgoing letter remaining in the affairs of the enterprise, the date of its certification, the name of the position of the person who certified the copy, may not be indicated.
When sending a copy to other organizations, a certified copy is certified by the seal of the organization. When sending documents to subordinate organizations, their copies are certified by the seal of the department (sector) where the original document is stored. On such copies, in the place where the signature of the head is provided, the seal of the administration, office, protocol sector, etc. is placed.
Props 27 « Artist note » indicates the person who created the document. GOST R 6.30-2003 recommends only one way to design props: the initials and surname of the performer, his phone number:
V.A. Petrov
The requisite is intended for operational telephone communication with the contractor in order to obtain clarifications and clarifications on the issues raised in the document. Business etiquette prescribes addressing an unfamiliar official either by name and patronymic, or by surname in combination with the word "mister" or "madam". The method of registration of the requisite proposed by GOST excludes the possibility of the first variant of treatment (the initials do not carry the necessary information). The second option of addressing (only by last name) is not always convenient, especially if the performer's last name is not declined (Chernykh, Lominago, Shevchenko, etc.). Therefore, in the props, it is permissible to indicate the full name and patronymic of the performer instead of initials (12).
The mark about the performer is placed on the front side of the last sheet of the document in the lower left corner. The phone is indicated by three groups of numbers with no dashes between them.
In response letters, you can indicate not only the phone number, but also the office number, if the recipient of the letter expresses a desire to personally meet with the person who prepared the document. In long-distance letters, the city code is indicated in brackets before the office phone number.
Props 28 "Note on the execution of the document and its direction in the case" is affixed to executed documents to be written off to the file for subsequent storage and use for reference purposes.
The performance mark is put down on the first sheet of the document below the artist's mark. The requisite includes the following data: a reference to the date and number of the document evidencing its execution, and in the absence of such a document, brief information about the execution, as well as the words In Case No. indicating the case number in which the document will be stored; the signature of the performer and the date of affixing the mark.
The results of execution can be formulated as follows: “An answer has been sent, date, No.”; "Given a verbal answer"; “Taken into account when drawing up the application”; “Issue resolved over the phone”, etc.
Requisite 29 "Note of receipt of the document by the organization" affixed by hand or using a special numerator in the lower right part of the front side of the first sheet of incoming documents. It is possible to put a mark on the reverse side of the sheet.
The requisite consists of the name of the organization (or structural unit) where the document was received; the date of its receipt and the incoming registration number. The arrival timestamp, if necessary, may contain an indication of hours and minutes. The name of the organization is indicated, as a rule, in an abbreviated form.
03.01.2008 № 001
Requisite 30 "ID of the electronic copy of the document" is a mark (header) that is placed at the bottom of each page of the document and contains the name of the file on the machine medium, operator code, date and other search data set in the organization.
Usually, the file name reflects its contents, and also contains information about names and dates. The length of the file name (number of characters) is determined by the characteristics of the operating computer system.
Control questions for self-examination:
1) What documents are signed by the head of the organization and / or his deputies? In what case are all copies of sent documents signed?
2) In what case is only the first copy of the sent document signed? What mark is put down in other copies of the document?
3) Tell us about the rules for designing the "Signature" props.
4) What is the procedure for signing a document if there is no official whose signature is prepared on the draft document?
5) When are two or more signatures required on a document? Give examples of documents that are certified by two signatures.
6) Is it permissible to use a facsimile signature in the original document? What regulatory documents regulate the use of facsimile and electronic signatures in documents?
7) What does document approval mean? Name the methods of agreement.
8) How is the document coordinated if there are several external instances?
9) Is it acceptable to refuse approval? How is the requisite “Document approval visa” issued in cases of disagreement of an official with the content of the document?
10) What seals are used in Russian office work to certify the authenticity of documents?
11) Tell us about the rules for designing the props “Imprint of the seal”.
12) How can the requisite "mark about the performer" be issued? Motivate your answer.
Literature
· Federal Law of 10.01.2002 No. 1-FZ "On Electronic Digital Signature".
· Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection”.
· GOST R 51141-98. Office work and archiving. Terms and Definitions. - M.: Gosstandart, 1998.
· GOST R 6.30-2003. Unified documentation systems. Unified system of organizational and administrative documentation. Documentation requirements. - M.: Gosstandart, 2003.
Standard instructions for office work in federal executive bodies, approved by Order of the Ministry of Culture and Mass Communications of the Russian Federation of November 8, 2005 No. 536 and registered by the Ministry of Justice of the Russian Federation on January 27, 2006 No. 418.
Basakov M.I. Office work [Documentary support of management]: Textbook / M.I. Basakov, O.I. Zamytskov. - 5th ed., Rev. and additional - Rostov n / a: Phoenix, 2007. - 352 p.
Berezina N.M., Vorontsova E.P., Lysenko L.M. Modern office work. - St. Petersburg: Peter, 2004. - 256 p.
Demin Yu.M. Office work. Preparation of service documents /Yu.M. Demin. - St. Petersburg: Peter, 2003. - 220 p.
Kryukova N.P. Documentation of management activities: Proc. allowance. - M.: INFRA-M, 2008. - 268 p.
· Kugusheva T.V. Office work: Proc. allowance /T.V. Kugushev. - Rostov n / D .: Phoenix, 2007. - 256 p.
Novoselov V.I. Legal force of the document //Soviet archives. 1971. No. 1. S. 57-63.
Pshenko A.V., Doronina L.A. Office work: A practical guide. - M.: Yurayt-Izdat, 2004. - 182 p.
Razdorozhny A.A. Documentation of management activities: Proc. allowance. - M.: INFRA-M, 2008. - 304 p.
Spivak V.A. Documentation of management activities (Office work). - St. Petersburg: Peter, 2005. - 240 p.
Chukovenkov A.Yu., Yankovaya V.F. Rules for drawing up documents: Commentary on GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Documentation requirements. - M.: Ed. "Prospect", 2004. - 216 p.
Legal force of the document
In practice, quite often, personnel officers have a question about what documents need to be approved with the seal of the employer.
To give the document legal force, the following mandatory details must be present:
Name of the organization and (or) structural unit;
- date of publication of the document;
- registration index;
- signature.
For certain types of documents, additional requisites that give them legal force are the stamp of approval, the seal, the mark of certification of the copy (clause 18 of the Decree of the Ministry of Justice of the Republic of Belarus dated 19.01.2009 No. 4 “On approval of the Instructions for office work in state bodies, other organizations”).
A signature is a mandatory requisite certifying a document, and a seal is an additional one. Thus, when certifying the authenticity of a document, it must first be signed, and then (if necessary) certified by a seal. Approved documents are stamped (if necessary) after the approval of the document.
Props "Print"
The requisite "Seal" is placed on documents that require special certification of their authenticity.
There are 3 types of seal: the seal of the organization, the seal of the structural unit of the organization, the seal indicating its intended purpose (for documents, etc.). The seals of organizations are divided into stamps (seals with the image of the State Emblem of the Republic of Belarus) and simple ones.
The order of use and responsibility for the storage of seals should be fixed in the local regulatory legal acts of the organization, developed in accordance with the legislation of the Republic of Belarus. Information on the use and storage of seals can be enshrined in the Instructions for the office work of the organization or the Regulations on the personnel service.
The list of documents on which the seal is affixed, the organization determines independently, guided by the legislation of the Republic of Belarus.
Stamping is necessary on the original documents and their copies (to certify the authenticity of the copy), incl. facsimile, certifying the rights, freedoms and (or) legitimate interests of citizens, the rights and obligations of legal entities, authorizing the expenditure of funds and material values.
The seal impression must capture part of the job title of the person who signed (approved) the document.
Example
Director of the Institute Signature S.A. Sidorov
MP
IT IS IMPORTANT! We draw the attention of personnel officers to the fact that the approximate form of an employment contract, approved by the Decree of the Ministry of Labor of the Republic of Belarus of December 27, 1999 No. 155 (as amended on October 4, 2010), contains the requisite "Seal". At the same time, the approximate form of the contract, approved by the Decree of the Council of Ministers of the Republic of Belarus dated 02.08.1999 No. 1180 (as amended on 19.01.2012), does not contain the requisite "Seal".
Entries in the work book of the employee, subject to certification by the seal
The first page (title page) of the work book, containing the listed information about the employee, is certified by the signature of the employer or an authorized official and the seal of the employer, and if the individual entrepreneur does not have it, by the seal of the local executive and administrative body that registered the individual entrepreneur (Part Two 18 Instructions on the procedure for maintaining work books of employees, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated 09.03.1998 No. 30 (hereinafter - Instruction No. 30)).
In addition, changes in the entries in the work book about the last name, first name, patronymic, date of birth, education, profession, specialty are made by the employer at the last place of work on the basis of documents confirming the relevant information, with reference to their number and date (clause 38 of Instruction No. thirty). A link to the relevant document is written on the inside of the cover, certified by the signature of the employer or an authorized official and the seal of the employer, and if the individual entrepreneur does not have it, the seal of the local executive and administrative body that registered the entrepreneur.
For a sample entry in the work book, which is certified by a seal, see the section “Useful Documentation” on page 25.
Changing the entries about the profession, specialty on the first page (title page) of the work book in the event that the employee receives a new profession, specialty is carried out by supplementing the existing entries without crossing out the previously entered ones.
Links to the documents on the basis of which corrective entries were made are recorded on the inside cover of the work book and certified by the signature of the head of the organization or a person specially authorized by him and the seal of the organization or the seal of the personnel department.
When an employee is dismissed, all records of work, awards and incentives for success in work entered into the work book during his work should be certified by the signature of the employer or an authorized official and the seal of the employer (paragraph 45 of Instruction No. 30).
In what cases is it necessary to put a seal on orders
The organization's orders are not stamped, since the order is an internal organizational and administrative document (employment orders, orders for the provision of labor holidays, dismissal orders). Copies of employment orders and other copies of personnel documents, outgoing documents require proper certification, so they must be stamped.
Thus, we can conclude that copies of only those documents that are created in the organization itself are subject to seal certification.
As an exception, it is allowed to make and certify copies of documents issued by other organizations when resolving issues that are within the competence of the organization itself. For example, an organization has the right to make and certify a copy of an education diploma for inclusion in the employee’s personal file, copies of a child’s birth certificate and a certificate of entitlement to benefits for submission to the accounting department for accounting purposes when calculating income tax, etc.
Natalia Vladyko, lawyer