Procedure for changing the surname of the founder (director) of an LLC


Drawing up an order to change an employee’s surname

An order to change a surname due to marriage is drawn up on the basis of an employee’s application.
After replacing the old passport, the employee must report the correction of personal data to the HR department. The application must be submitted in writing. The writing form is free. On the form you must indicate:

  • the reason for changing the information;
  • previous personal data;
  • new data;
  • list of supporting documents.

Sample application for change of surname:

Changes to personal information must be supported by identification documents. When submitting an application, you must provide copies and originals of:

  • marriage registration certificate;
  • passport;
  • SNILS (obtained on the basis of a new passport).

The provision on changing the surname refers to a mandatory group of orders and regulations for the personnel of the enterprise. The structure of the order has not been established at the legislative level. The document can be drawn up in the 1C program or on the company’s letterhead:

  1. The “cap” contains the full name of the company.
  2. Serial number of the document.
  3. Name of the order: “on changing personal data.”
  4. The preamble indicates the employee’s name and position. Old and new data.
  5. The operative part contains instructions to the head of the personnel department to make changes to the accounting regulations of the organization’s personnel.
  6. List of supporting documents (employee application, number and series of marriage certificate, passport details).
  7. Signature of the director, executor and employee.

Sample order to change a surname in connection with marriage:

Additional features:

  1. The dating of the order must correspond to the date the employee submitted the corresponding application. The order is issued no later than three days from the date of the employee’s application. In this case, it is a mistake to take the wedding date into account. Changing personal data is possible only after receiving a passport.
  2. According to the regulations, orders are recorded in the Order Register.
  3. The order to change personal data must be brought to the attention of the employee and the accountant (against signature).

Changing the surname of an individual entrepreneur: what to do

You must contact them to receive the service within a month from the date of the event that caused the change of surname. Renewal of a foreign passport (if you have a valid document for the previous surname). This will be the second stage of re-registration of personal documentation. The opportunity to obtain a new foreign passport appears only after receiving a passport of a citizen of the Russian Federation.

The need for replacement is due to the impossibility of crossing the border using the old document due to a mismatch of surnames; presenting a marriage certificate will not help either. You must apply for the service of making changes to the territorial body of the Ministry of Internal Affairs. SNILS Must be replaced with a new document for a different surname. The service can be obtained at the Pension Fund branch.

The personal account number will be saved, only the citizen’s last name will change. Medical policy A month is given for its re-issuance from the moment the personal data is changed.

Additional adjustments

If personal information changes after the wedding, the employee is required to notify the employer. The HR department must prepare a resolution and make appropriate adjustments to the accounting documents:

  1. Employment history. On the first page, the old surname is crossed out with a horizontal line. The new one is indicated at the top. On the inside cover there is a note: “The last name has been changed to _____, based on the certificate, series___№____.
  2. Journal of the movement of work books.
  3. Form T-2 of the employee’s personal card.
  4. Private bussiness. A photocopy of the marriage certificate and passport is filed with the case materials.
  5. Employment contract. It is necessary to draw up an additional agreement indicating the changes and
  6. Pension insurance certificate. The document is issued by the Pension Fund. A SNILS can be ordered by the employee himself or an employee of the enterprise’s human resources department.
  7. Employee's bank card. If the salary is transferred by bank transfer, the accountant must receive updated card details. The employee needs to contact the bank branch at the place where the account was opened and receive a new card, taking into account the new passport data.

The head of the HR department should be aware that the employment of one employee under different names is a violation. If the data in the accounting documentation is not changed in time, the employee will lose sick leave benefits and will not be able to correctly register leave. Timely recording of changes in personal data is prescribed in the job descriptions of the HR department.

>What does changing the director’s surname entail - features of the procedure

What does changing the director's last name entail - features of the procedure

Are you the head of a company? Have your passport details changed (full name, registration address, etc.)? According to Art. 31 of the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation”, when the director’s last name is changed, the passport data is automatically sent to the tax office. When the director's surname changes, the Federal Migration Service authorities transmit new data to the tax office.

Passport data changes due to a change of registration (place of residence) of the manager, as well as when a passport is completely replaced due to:

upon reaching the age of 20 years;

upon reaching the age of 20 years

· with loss (loss of passport);

· expiration of the passport;

· change of surname;

· change of citizenship, etc.

When the passport data of the director of an LLC, CJSC, OJSC, or individual entrepreneur changes, the data on the change in the director’s surname is also automatically reported to the tax office.

If you are now faced with the question of changing the passport of the director (changing the passport details of the director) of a company in Moscow, changing the passport of the director, then the information below will be very useful to you.

When the director’s surname changes, the migration service transmits the data via internal communication channels to the tax office. Then, within 5 working days, new data is entered into the Unified State Register of Legal Entities (USRLE).

Upon request from the Unified State Register of Legal Entities to change the name of the director, only an extract can be issued to the director of the organization. The head of the organization writes the request in any form independently and certifies it with his own seal. After 5 working days he will be able to receive an extract from the Unified State Register of Legal Entities. If you need an urgent extract prepared within 1 business day, then you will need to pay a state fee.

But here the question arises: Who can receive a fresh extract from the Unified State Register of Legal Entities from the registration authority (from the tax office)? The answer is quite simple: The director can receive a “fresh” extract from the Unified State Register of Legal Entities about changes related to the change of the director’s last name either personally or by any person with a power of attorney from this organization. Our courier can become such a trusted person.

A change in the surname of a company director is defined as a change in information about a legal entity that is not related to changes in the constituent documents.

The passport details of the head of the company are not included in the constituent documents of the legal entity, but only in the Unified State Register of Legal Entities. That is why the state duty for changing the passport data of the head of a legal entity is not charged.

You definitely need to be aware that the constituent documents of LLCs and CJSCs do not publish any information about the candidacy of the general manager. However, despite this, all data about the head of any company is contained in the Unified State Register of Legal Entities.

You can learn about the procedure for changing the address of a director, changing the registration of a director from our article by clicking on the link.

order an extract from the Unified State Register of Legal Entities for 1000 rubles.

A completely logical question may arise from the head of the enterprise: “What should I do after the state procedure for making changes to the Unified State Register of Legal Entities related to changing the surname of the director and receiving documents from the registration authority?”

After you have received documents on state registration of changes in the Unified State Register of Legal Entities in connection with a change in the director’s surname, you must check these documents for errors made by the registration authority. You should check all the passport details of the general manager.

You can quickly correct an error made by the registration authority only if you notice it on the day you receive the documents.

Next, we issue an order to assume the position of the head of the company, indicating new passport data.

After you have received from the registration authority documents on state registration of a change of director's surname, you need to re-issue an order to assume the position of General Manager of the Company. In this order you already indicate new passport details of the head of the organization. The order is signed by the head of the Company and the seal of the organization is placed on it.

How to notify the bank about a change in the director's last name? After receiving a document about changing the surname of the director of your organization from the registration authority (at the tax office, in Moscow - IFTS No. 46), the director must inform the bank in which the legal entity’s current account is opened that his passport data has been changed. This simply needs to be done if the director has changed his last name, first name or patronymic. How to do it?

The following documents must be presented to the bank to confirm the change of the director’s last name:

1. a copy of the certificate of name change (if the full name has changed);

2. a copy of the marriage certificate (if the name has changed);

3. a “fresh” extract from the Unified State Register of Legal Entities, issued no later than 30 days ago;

4. Decision (protocol) on changing the manager’s passport data;

5. An order to assume the position of a manager indicating new passport data.

When the new manager comes to the bank with all these documents, he will need to certify the new bank card with a sample of his signature.

No other government agencies need to be notified of the change of name of the company director. The Social Insurance Fund and the Pension Fund of the Russian Federation receive information about the new passport data of the head of the organization in electronic form through a one-stop service.

For all questions related to changing the director's last name, you can consult with our lawyers by phone.

For more than 12 years, Legal has been professionally engaged in registering enterprises of all organizational and legal forms in Moscow and the Moscow region. We suggest you use the services of our company and entrust the receipt of an extract from the Unified State Register of Legal Entities to our specialists, who will quickly and efficiently perform all the necessary work on paperwork for you.

The director of an LLC has the right to act on behalf of the organization without a power of attorney, and signs agreements with counterparties and financial documents. Like all employees, the director has the right to change his last name due to marriage or other reasons.

What is the procedure for changing the surname of the general director of an LLC, what documents should be changed, is it necessary to notify extra-budgetary funds and the tax authority?

Application for amendments to the Unified State Register of Individual Entrepreneurs (USRIP) in form P24001

Of course, when changing the type of business activity, it is necessary to make amendments to the register of individual entrepreneurs. To do this, it is not necessary to use the services of a lawyer who will draw up the documents for you, but will ask for Bank of Russia tickets in return. To complete the procedure, you need to bring a simple package of documents to the tax office:

  1. photocopies of documents from the information content of which these information amendments will be made.
  2. Form No. P24001 completed in person;

Download the current form P24001 (links to files at the top of the page).

Legal regulation of changing the director's surname

Due to the requirements of the Law on State Registration of Legal Entities No. 129-FZ, information about changes in the surname of the manager must be registered in the Unified State Register of Legal Entities (clause l.ch. 1, art. 5).

This law establishes the obligation of the organization to submit an application for changing information to the Unified State Register of Legal Entities (Part 5, Article 5 of Law No. 129-FZ) within 3 days after changing the name of the director.

Important! In the event of a change in the manager's passport data, the obligation to notify the tax authority does not arise!

An application for changing information in the Unified State Register of Legal Entities in the event of a change in the director’s passport data must be submitted if the director is a foreign citizen.

The last name, within the meaning of paragraph “l” of Part 1 of Article 5 of Law No. 129-FZ, does not apply to passport data, and a legal entity is obliged to notify the tax authority of its change.

What documents should I change when changing the last name of the LLC director?

DocumentNotes
PassportWithin 30 days after the fact
Employment historyA new surname is entered, the old one is crossed out
Personal card T-2
Vacation scheduleAmendments are being made to the document
Labor record book
Employment contractAn additional agreement to the contract is drawn up
Extract from the Unified State Register of Legal EntitiesAn entry is made in the Unified State Register of Legal Entities and a new extract is issued
Constituent documentsDocuments are changed if they contain information about the full name of the director, or the director is a founder
Accounting documents
Bank documentsTo receive payment documents and issue powers of attorney.
To confirm new passport data and signature, you must personally appear at the bank

Change of surname of individual entrepreneur

However, it is worth noting a situation where new information from the FMS takes too long to reach the registry office.

In addition, FMS data is not automatically downloaded for foreign citizens.

Therefore, such entrepreneurs must in any case submit documents on their own (or by proxy) to change the surname of an individual entrepreneur. Services Cost in the Unified State Register of Individual Entrepreneurs 2,000 rubles.

Obtaining new statistics codes (if necessary) + 1,000 rub. The period for changing the last name of an individual entrepreneur is from 8 days. Copy of passport (all pages).

A copy of the TIN certificate. Extract from the Unified State Register of Individual Entrepreneurs (copy). Photocopy of registration certificate (indicating OGRNIP).

A copy of the marriage certificate (if changing surname) or

Who to notify about the change of director's name

Who to notifyNote
Tax authorityTo make an entry about a change in the personal data of a person authorized to act without a power of attorney in the Unified State Register of Legal Entities
Pension FundThe employer's obligation to notify a change in the personal data of the insured person
BanksTo carry out banking transactions on a current account, receive payment documents, wages, etc.
CounterpartiesTo avoid misunderstandings, notify counterparties by letter of the change in the director’s surname

Tax authority

The Unified State Register of Legal Entities contains information about a citizen - an individual who has the right to act on behalf of an organization without a power of attorney. Since in an LLC such a person is the director, his personal data, including his new surname, is entered into the register.

An entry on changes in information about a legal entity in the Unified State Register of Legal Entities is made by the Federal Tax Service on the basis of the submitted application form P14001. The application form can be downloaded from the Federal Tax Service website.

If the director is also the founder of the company, then it is also necessary to make changes to the constituent documents and submit to the Federal Tax Service an application form P13001 for amendments to the constituent documents; the director’s signature in the application is certified by a notary. A state fee of 800 rubles is subject to payment.

Within 5 working days, the inspection makes an entry in the Unified State Register of Legal Entities about the change in information, and issues an extract with the new data.

Pension Fund

The organization is not obliged to notify the department of the Pension Fund of the Russian Federation about the change of the director’s surname, since this is reported by the inspectorate at the location of the company within 5 working days from the date of making the corresponding entry in the Unified State Register of Legal Entities.

Meanwhile, due to the requirements of Law No. 27-FZ, policyholders are required to report changes in the personal data of insured persons, and this requirement applies to all employees.

To receive a SNILS with a new last name, the director fills out an application form ADV-2. Within 14 calendar days, the organization submits an application to the territorial body of the Pension Fund of the Russian Federation to receive a new insurance certificate.

Banks

The bank must be notified of the change of name of the manager in order to avoid suspension of transactions on current accounts and delays in the payment of wages, settlements with partners and extra-budgetary funds.

To do this, the manager should contact the banking institution where the organization’s current accounts are opened, present a passport with a new name and certify a sample of the new signature.

The bank card with sample signatures and seal imprint will be replaced. The obligation for an organization to provide a new card in connection with a change in the surname of the person indicated on the card is established by Bank of Russia Instruction No. 28-i. You can apply for a new card directly at the bank by presenting your passport with your new name.

The legislation does not establish a period for notifying the bank about a change in name; however, the agreement with the bank may contain a clause obliging the client to notify about such changes.

Counterparties

Agreements concluded with counterparties usually include a clause on notifying the other party to the agreement about changes in details.

To avoid possible misunderstandings, you should notify your counterparties of the change in the manager's name in an official letter, sending it by mail, fax or e-mail.

Changing the last name of an individual entrepreneur: what to do?

You need to contact the Pension Fund. The applicant must be issued a new certificate, but with the same personal account number.

Compulsory health insurance policy. You need to contact your insurance company no later than 30 days from the date of data change.

Tax registration certificate. You need to submit information about your last name change to the tax office. Tax officers must issue a new certificate, but with the same TIN.

Driver's license. You can replace your driver's license at any traffic police department. These are just the main documents that need to be changed first.

If an entrepreneur has changed his last name, it is not necessary to report this to the tax office. The territorial body of the Ministry of Internal Affairs will independently notify the tax office about this, and the tax office will make all the necessary changes to the register.

Procedure for changing personal data

To make changes, the director must contact the personnel service of the enterprise with an application to make changes to the documents and present a passport with a new last name, as well as a document on the basis of which the change in personal data occurred.

ActionNote
Step 1 – issuing an orderBased on a certificate of marriage (divorce), change of name or other document, an order is issued to make changes to his personal data
Step 2 – making changes to personnel recordsCorresponding changes are made by crossing out the previous name and entering a new one in the work book and other documents
Step 3 – making changes to accounting documentsIn connection with automated accounting, when changing your last name, the data in the personal account, the card for recording the income of individuals and payment of personal income tax, and the card for recording the amounts of insurance contributions to the Pension Fund of the Russian Federation will automatically change.
Step 4 – notification to the tax authorityWithin 3 working days, the organization is obliged to notify the Federal Tax Service of the change in the name of the director
Step 5 – making changes to the Unified State Register of Legal EntitiesAn application to amend the Unified State Register of Legal Entities is submitted to the tax authority.
Within 5 working days, a corresponding entry is made in the Unified State Register of Legal Entities and an extract from the Unified State Register of Legal Entities is issued with new data
Step 6 – notification of the Pension Fund of the Russian FederationTo register the insured person, it is necessary to report a change in his personal data to the Pension Fund of the Russian Federation
Step 7 – re-registration of bank documentsTo prepare new documents and certify the signature, the manager must personally submit an application to the bank with the necessary documents attached.
Step 8 – notification of counterpartiesTo avoid misunderstandings, inform counterparties about changes in the director’s personal data

Important! When entering a new surname, an entry is made on the inside cover of the work book or insert indicating the document on the basis of which the surname was changed, certified by the seal of the organization.

Changing the surname of an individual entrepreneur

85 part 1 of the Tax Code of the Russian Federation: - bodies carrying out registration (registration) of individuals at the place of residence (place of stay) are required to report the facts of registration of an individual at the place of residence, registration (deregistration) at the place of residence of a foreign worker to the tax authorities authorities at their location within 10 days after the day of registration (registration, deregistration) of these persons (clause 3); - authorities issuing and replacing identification documents of a citizen of the Russian Federation on the territory of Russia are required to report to the tax authority at the citizen’s place of residence information: on the facts of the primary issuance or replacement of an identification document of a citizen of the Russian Federation on the territory of Russia, and on changes in personal data, contained in the newly issued document, within five days from the date of issue of the new document; about the facts of a citizen filing an application with these authorities

If I open an individual entrepreneur for a woman who then changes her last name due to marriage, will it be necessary to redo the documents?

The territorial feature does not play a special role; courier services can be included in the discussed terms of cooperation.

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In no event will we be liable for any loss, harm or damage of any kind caused by the use of this page of the site. Accounting support for LLCs, CJSCs and individual entrepreneurs Accounting Published in Frequently asked questions - Tagged individual entrepreneurs, Document preparation

General steps for processing and registering changes in passport data

It should be remembered that in 2011, changes were made to the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”.

Now changes relating to the first name, patronymic, last name and other passport data of both the founders (participants) and the management of organizations must be made by the registration authorities (FTS) independently based on data received from the FMS.

Previously, the law provided for the obligation to notify the Federal Tax Service in the prescribed form within three days.

However, you should remember: despite the passage of time and the deadlines established by the new regulations, the data is updated very slowly. Even after several months, the information may not have changed.

That is why, if there is a change in the passport data of the general director, there is still a need to notify the Federal Tax Service and make changes to the Unified State Register of Legal Entities to the management of the organizations themselves. This need is due to the fact that if an extract from the Unified State Register of Legal Entities is urgently required (for court or other purposes), it may contain old data.

Therefore, it is always better to play it safe and apply for changes yourself, without waiting for the reaction of the migration service.

What documents should I submit?

To register changes you will need the following package of documents:

  1. Application in the prescribed form . If information about the director is included in the charter (for example, he is also a member of the company), then you will need form P13001. If the charter does not contain passport data, then form P14001.
  2. If changes are made to the charter - a document confirming payment of the fee . If the director is not a participant and is not mentioned in any way in the charter, no fee is required.
  3. The decision of a single participant or minutes of the meeting.
  4. The decision to create a company.
  5. Order on the appointment of a director.

All these documents are submitted to the Federal Tax Service, where the company was registered. The documents must be submitted by the director himself or a person acting on his behalf on the basis of a power of attorney.

In what cases are changes made to documents?

According to the law, passport data may change in the following cases:

  1. A new document was issued after the old one was lost or rendered unusable.
  2. The passport was replaced based on age. Citizens of the Russian Federation are required to change their passports twice - at 20 and at 45 years old. It is unlikely that a person will become a director before he turns twenty, but many managers under forty-five are a reality.
  3. There has been a change in the last name, first name or patronymic.
    A change in the surname of the founder of an LLC and the director of an LLC usually occurs with marriage and most often among women. However, firstly, there are already quite a lot of women directors, and many of them get married during the period when they occupy a leadership position. Secondly, family law allows a husband to change his last name (or adopt a double one). As for the remaining parts of the full name (that is, the actual name and patronymic), they can also be changed at the request of the citizen by registering changes in the registry office.
  4. The gender has changed.
    This situation looks exotic, but is quite probable. Sometimes surgical gender reassignment is the only option for a transsexual person. Operations of this type are not carried out too often, but regularly. In law? after a gender change has occurred, the citizen is obliged to change his documents. Accordingly, he will receive a new passport with a new gender indication, and usually also a new name.
  5. Errors or inaccuracies were discovered in the passport. Unfortunately, mistakes made by passport officers are quite common, and as a result, citizen Kazakov may be recorded as Kozakov in his passport.
    Often, errors of this kind are revealed only in controversial situations (for example, related to inheriting property or establishing kinship), and then the citizen may need to clarify the passport data.

    Since legal norms do not allow corrections or erasures of the passport, a person must receive a new document - which, accordingly, will have a new number and series (each passport form is unique).

So, the surname of the general director of the LLC has changed, the procedure will be as follows.

Minutes of the meeting of participants


After a change has occurred in the passport data of the founder of the LLC, it is necessary to begin the procedure for making changes to the Unified State Register of Legal Entities.
The first step will be the adoption of a decision by the sole participant (founder) or the general meeting.

The general meeting is held according to the same rules as in the case of a change of general director.

Since the change in passport data is unlikely to coincide with the next meeting, the decision will have to be made out of turn.

It can be collected either by one of the participants owning at least 10% of the authorized capital, or by the director himself.

The meeting considers the issue and makes a decision by voting or absentee poll. In the latter case, participants exchange documents by mail, using telephone messages or electronic correspondence - in any way permitted by the charter and other internal documents of the organization.

The main requirement here is that the communication method reliably identifies the source from which the document originates.

The decision of the meeting (in person or in absentia) is formalized by drawing up minutes, which contain the following information:

  • date, time and place of the meeting;
  • composition of participants authorized to make decisions;
  • question put to vote;
  • the results of voting on the issue and the essence of the decision made;
  • signatures of participants.

Protocol on changing the surname of the founder, sample

Sole founder's decision

If the company has a single founder and participant, the meeting is not held.

In this case, he himself makes a decision and formalizes it in writing, certifying it with his signature.

What specific questions should be asked before the meeting?

It should be noted that from the moment the current director’s passport details have changed, from the point of view of the law he should be considered as a new entity.

In this case, the general meeting or the sole participant must decide on the reappointment of the existing general director again to the same position.

Accordingly, the question will be posed exactly like this: “To appoint Ivan Ivanovich Ivanov, passport series... number..., as the general director of the company...”.

Decision to change the surname of the director of an LLC or founder of an LLC, sample

What to do if you have changed:

  • director's surname; Although the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” in paragraph 5 of Art. 5 does not require notifying the registration authority within three days; in practice, it is better to notify the tax office that the director’s passport has changed. Otherwise, problems may arise with the preparation of documentation at the Federal Tax Service, as well as in relations with counterparties.
  • address; The General Director can change not only his first name, patronymic or last name, but also his registered address. Is it necessary to make changes to the Unified State Register of Legal Entities if the address of the founder of the LLC has changed?
    No. In this case, no action is required from the company’s management, because:

    the passport remains the same, and only a new stamp on registration at the place of residence is affixed to it; All data on a citizen’s residence is registered with the Federal Migration Service of the Russian Federation. This organization itself must contact the tax service and, if necessary, provide information.

However, if a change in any other information is later registered, the director’s new place of residence will also need to be indicated in form P14001.

Letter about changing details

But regardless of whose functions this responsibility falls, it is important that the employee has an understanding of the basic rules for composing business letters.

The letter does not have a strict, mandatory, unified template, so it can be written in free form, taking into account the needs and objectives of the sender. However, you still need to adhere to some norms and standards.

At the beginning of the letter, it is necessary to indicate the sender and addressee, and if we are talking about the addressee, you should enter not only the name of the company, but also the position of a specific employee.

Most organizations are managed by individual managers.

Usually their position is called “general director” (since large companies may have both commercial and executive directors who carry out not general management, but management of the company’s activities in specific narrow areas).

And the information to be included in the Unified State Register (USRLE) also includes information about the passport details of such a person. It is necessary because it allows you to accurately identify the specific person exercising control. But what if the passport details have changed?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

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