Change of head, director in Lviv
Changing the director of a Lviv LLC is one of the most common registration changes to information about a legal entity contained in the register. Olson Company has sufficient practical experience and knowledge to provide this type of service at the proper level. Changing the director of an LLC is a registration action that is very often carried out by companies in the course of their activities.
Changing the head of an enterprise is an important process that requires compliance with legal procedures and correct execution of documents. In this article, we will consider when it is necessary to change the director of Lviv, the main stages of this process and how the Olson law firm can help you in carrying it out.
When is a change of director necessary?
A change of the head of an enterprise in Lviv may be necessary in the following cases:
Expiration of the contract. If the term of the contract with the director has expired, a new director must be appointed.
Decision of the business owners. For example, in the case of internal personnel changes or reorganization of the company.
Voluntary dismissal. If the director decides to leave the position of his own free will.
Distrust or violation. In case of violation of official duties by the manager.
Sale or transfer of the company. When changing the owners of the company, a decision may be made to replace the manager.
What documents are needed to change the manager (director)?
To register the change of the company director, you must provide us with the following documents:
A photocopy of the new director's passport.
Company statement
We prepare the following documents:
1. Sole decision of the participant or the minutes of the participants of the LLC (PP);
2. Order on the appointment of the manager
3. Registration applications
After registering the change of the company director, you will receive:
A new extract from the Unified State Register of Legal Entities;
Order on the appointment of the Director;
Minutes of the meeting of the founders on the change of the manager;
Stages of the change of the manager
The process of registering the change of the director in Lviv consists of the following main stages:
1. Making a decision to change the manager.
Minutes of the meeting of the participants of the LLC indicating the decision to appoint a new manager.
Making appropriate changes to the constituent documents (if necessary).
2. Preparing documents for changing the director.
The main documents include:
Passport data of the new director.
Minutes of the meeting of participants.
Application for registration of changes.
Employment contract or contract with the new director. (not required for registration of changes)
3. Registration of changes in the Unified State Register of Lviv.
Changing the director of an enterprise in Lviv necessarily requires making changes to the Unified State Register (USR). This allows you to officially fix the changes at the state level.
4. Notification of banks and counterparties.
After completing the procedure, you must notify the banks with which the enterprise cooperates and partners about the change of director.
Legal assistance when changing the director from the company "Olson"
The law company "Olson" provides a full range of services for clients who want to change the director of the enterprise:
Consultation. We will explain how to change the director in Lviv and help you avoid possible mistakes.
Preparation of documents. Our lawyers will draw up protocols, applications and other necessary documents for the change of director.
Registration of changes in the Unified State Register of Lviv. We will ensure that changes are made to the Unified State Register quickly and without unnecessary delays.
Registration of employment relations. (if necessary) We will help conclude an agreement with a new manager in accordance with the legislation.
Support in communicating with banks. (if necessary) We will prepare all the necessary documents for updating data in banking institutions.
Cost of changing the director of an LLC
How much does it cost to change the manager in Lviv? The cost of services depends on the complexity of the process and the volume of work. Approximate costs include:
Legal consultation - free of charge.
Preparation of documents - from 3000 UAH.
Registration of changes in the Unified State Register of Lviv - from 3000 UAH.
We offer a transparent pricing policy that allows clients to choose the optimal package of services.
Why choose the Olson law firm?
Experience. We have many years of experience in the field of corporate law.
Speed. We provide prompt registration of a change of manager in Lviv.
Comprehensive approach. From consultation to completion of the change registration procedure.
Transparency. You get a clear idea of all stages and the cost of the process.
Features of a change of manager
Sometimes, in the process of conducting business, situations arise when a manager decides to resign from his position, but the presence of certain obstacles prevents this from happening.
Such obstacles may be:
lack of communication with the founders;
unwillingness of the owners to change the manager;
lack of votes for a quorum at the meeting of the founders and other reasons.
The manager's right to dismiss at his own request is enshrined in the Labor Code (Article 38 of the Labor Code of Ukraine). It states that an employee has the right to terminate an employment contract concluded for an indefinite period, having notified the owner or the body authorized by him in writing two weeks in advance.
And according to the Law on Business Companies, the appointment and dismissal of a director is the competence of the general meeting of founders. But in this case, priority has
rights of an employee, i.e. director. In particular, the right to dismissal at will.
Procedure for dismissing a director
Dismissal of a director on his own initiative occurs as follows. First, the director writes an application addressed to the enterprise and sends it by registered letter. With a description of the documents being sent and with a notification of delivery of the letter, to the place of registration of the founders. The description and receipts for sending the letter must be saved.
Also, we would recommend that, together with this application, a notification of the convening of the general meeting of the founders be sent. After all, the general meeting of the company's participants must also be convened at the request of the executive body (Article 61 of the Law on Business Companies).
After two weeks, according to the Labor Code, the director must be dismissed from his position. Responsibility for this lies with the founders. Also, they are obliged to make registration changes and bring the data in the Unified State Register into line.
If the founders did not receive a letter with a statement of resignation, or did not make registration changes within the period established by law - the director continues to be listed in the register, in the tax service and in the funds of the executive body. Accordingly, he continues to be responsible for activities, filing reports, paying taxes, etc.
Appeal to the court Lviv
Therefore, the director has the right to go to court and make changes to the register in court. You need to file a lawsuit with the court, attach documents confirming the director's intention to resign and documents confirming the sending of the letter. You also need to pay a court fee and attach a receipt. The amount of the court fee in this case will be 1 subsistence minimum for able-bodied citizens.
After considering the case and issuing a court decision, you need to apply to the registration service with this decision. On its basis - the state registrar will be obliged to make changes to the register.
Additional services
Also, Olson Company provides services related to the purchase and sale of ready-made LLCs, registration, amendments and liquidation of enterprises in the state register of legal entities, individual entrepreneurs and public organizations.
If you have any additional questions, we will help you resolve them as soon as possible.
