How to leave an LLC director

The rights and obligations of the director, like any other employee, are regulated by labor law. Termination of the employment contract with the head of the enterprise, whether it is a limited liability company, closed or open joint-stock company, occurs according to the rules established by law.

Instruction manual

1

In addition to the Labor Code of the Russian Federation, some aspects of labor relations with the head are regulated by the charter of the enterprise. So, in the constituent documents can be indicated, during what period the director must fulfill the duties assigned to him. Regardless of this, the head of the organization (enterprise) has the right to early termination of the employment contract, warning the owner of his decision in one month.

2

The director must write in the usual form a letter of resignation to the meeting of the founders (shareholders, sole participant or shareholder). The meeting of founders considers at an extraordinary meeting a statement of the director and makes a decision on his removal from office and the appointment of a new director. This is reflected in the decision or minutes of the meeting.

3

The leaving director must hand over the documentation and the seal of the enterprise to the authorized person, receive a work record book with the entry on her dismissal. The grounds for dismissal are the reasons listed in chapter 13, as well as in chapter 43, article 278 (additional grounds for termination of the employment contract with the head of the organization).

4

The company is obliged to notify the territorial tax authority, Goskomstat and other interested organizations about the changes. A special application form is provided for the notification of the tax authority keeping records of legal entities, in which the new director is already the applicant. She is notarized and filed within the statutory deadlines - no later than three business days from the date of the decision to appoint a new director.

5

If the director is at the same time the sole participant in the company, he must decide on the resignation of his powers and the appointment of a new director and issue this in writing. Technically, the procedure is no different from the one described above. The withdrawal of a participant from the company is governed by other legislation.