For which legal entities is a seal required? Is it necessary to indicate the OGRN on the round seal of an organization (LLC)? Or is it enough to indicate the name of the legal entity? If you decide not to print

The civil legislation of the Russian Federation does not contain an official definition of the seal of a legal entity. However, in clause 2.1. GOST R 51511-2001 (adopted on December 25, 2001 by Decree of the State Standard of the Russian Federation No. 573-st) defines printing as a device containing a cliche for applying impressions to paper; providing a mirror image of the print.

It is necessary to separate the concept of printing as a mechanism from the concept characterizing the image. Printing on documents is a seal impression made using a cliche.

Today, all legal entities, according to federal law, must have a round seal, which will contain the company name (written in Russian) and indicate the address of the company. Each legal entity registered in Russia has the right to have stamps and forms with its company name, personal emblem, as well as registered trademarks and other means of individualization.

The main purpose of using a seal in Lyubertsy, as in other Russian cities, is to distinguish one or another entity from the mass of similar ones, therefore the imprint should carry the maximum amount of information about the subject of economic activity.

The most common questions related to stamps usually concern font size, the possibility of indicating an incomplete name of a firm, company, organization, the legality of indicating a taxpayer identification number or the main state registration number on stamps, as well as the legality of creating several stamp cliches for one customer.

Federal legislation does not provide any answers to these questions; therefore, it can be assumed that they are left to the discretion of stamp manufacturers and other business entities. Although in 2004 in Moscow, for example, the Law “On the Accounting of Seals”, which is still in force today, was adopted, which contained certain requirements for them.

The Moscow Registration Chamber specially created the Moscow City Register of Stamps and issued several regulations, the purpose of which was to establish its own “standards” for seals.

On February 8, 2005, Moscow City Government Decree No. 65-PP abolished the Moscow Registration Chamber.

During the period of maintaining the register of stamps in the Moscow Registration Chamber, the Temporary Rules defining the procedure for production and establishing the grounds for the destruction of stamps and seals on the territory of the Russian capital had legal force (Appendix to the now invalid order of the Mayor of Moscow No. 843-RM dated August 25, 1998), they regulated some requirements for seals, for example:

round seals had to have a diameter of 38 to 42 mm;
seals of legal entities, executive and representative authorities, as well as organizations that do not have the rights of a legal entity, must necessarily contain such details as:
ü full name of the organization (written in Russian),

ü an indication of its organizational and legal form;

ü state registration number;

ü legal address of the organization;

ü number of the city Register of Stamps;

ü coat of arms of Moscow or state emblem of the Russian Federation;

organizations could have seals intended for structural divisions. Moreover, in addition to the requirements listed above, the seal had to contain an additional inscription: for accounts, office, secretariat, business management, personnel department, for references, for certificates, etc.
But it is important to remember that these unifying requirements are not enshrined at the federal legislative level and have now lost their force.

Modern legislation only establishes the requirement that a legal entity must have a seal, without stipulating the possibility of creating two or more seals. Consequently, there is no direct prohibition, therefore, it is probably possible to make two or more seals, both with the same cliches and with different ones, and when used on documents of the appropriate type, each will be original.

For example, it is quite possible to order the production of several seals for one customer. The main seal will contain the full name of the firm, company, organization. The remaining seals will be used for individual categories of documents, for example, a general seal “for documents”, separate seals “for certificates”, “for certificates”, “for protocols”, etc. can be made.

At the same time, it seems unlawful to simultaneously produce a Lyubertsy seal containing the full name of the firm, company, organization, and a seal containing the abbreviated and full name. In this case, the seals may be misleading as to which company owns the seal. As for documents that contain imprints of various seals, there is a high probability that questions may arise regarding their authenticity and origin. Regulatory legal acts also stipulate that the full name of the company in Russian must be included in the seal cliche, thus making a seal that will contain the name of the legal entity. persons only in a foreign language will also be contrary to the requirement of the law.

Hello!

Requirements for seals of commercial organizations are established by laws on organizational and legal forms, on types of activities and other laws. Thus, the seal of a commercial organization created in the form of a limited liability company, joint-stock company or unitary enterprise must be round, and it must also contain the full corporate name of the organization in Russian and an indication of the location of the organization, which is established by the laws on these organizational -legal forms.

In addition to the details that must be contained on the organization’s seal, it may also contain the following details: the organization’s corporate name in any language of the peoples of the Russian Federation and (or) a foreign language, OGRN, INN/KPP, registered logo or trademark and other information, if it does not contradict the legislation of the Russian Federation or is established by it.

If we talk about the requirements for the seals of organizations by laws on types of activities, then as an example we can cite the requirements for the seals of credit institutions and the seals of their branches, established by the Instruction of the Central Bank of the Russian Federation. According to clause 6.19 of this Instruction, a credit institution must have a round seal with its full corporate name in Russian and an indication of its location. The credit institution's seal may also contain the credit institution's abbreviated corporate name.

According to clause 11.4 of the said Instructions, a branch of a credit institution must have a seal, which must contain the full corporate name and an indication of the location of the credit institution, as well as the name of the branch itself and an indication of its location.

The seal can be ordered from any organization specializing in the production of seals, or in the store you can purchase a special kit with which you can make (assemble) the seal yourself. The seal design must be developed in advance and approved by the head of the organization in writing. To order and produce a seal, you need to know all the details that should be contained on the organization’s seal, namely:

The full name of the organization in Russian in accordance with the constituent documents (registered in the Unified State Register of Legal Entities) is required;

In another language (foreign, peoples of the Russian Federation) - if available and if its indication on the seal is desirable for the founders of the organization;

The location of the organization in accordance with the constituent documents (registered in the Unified State Register of Legal Entities) is required;

OGRN (in accordance with the certificate of state registration of the organization) - mandatory;

Full and (or) abbreviated name of the organization in any foreign language and (or) language of the peoples of the Russian Federation;

INN/KPP (in accordance with the tax registration certificate of the organization);

Other details.

If the seal is ordered from an organization specializing in the production of seals, then the organization ordering the seal will most likely have to provide the seal manufacturer, in addition to the details necessary for the production of the seal, copies of the following documents:

Certificate of state registration of the organization;

Certificates of registration with the tax authority of the organization;

Constituent documents of the organization;

Documents confirming registration (registration) in the extra-budgetary funds of the organization as an insurer;

Information letter from the territorial bodies of state statistics on the inclusion of the organization in the Unified State Register of Industrial Organizations;

Extracts from the Unified State Register of Legal Entities;

Licenses (permits) issued to an organization in the manner established by the legislation of the Russian Federation for the right to carry out activities subject to licensing, if such activities are carried out by the organization and licenses are available;

Identity documents (passport or other document identifying a citizen of the Russian Federation, a foreign citizen, a stateless person in accordance with the law) of a person authorized to order and receive a seal of the organization;

Power of attorney (original) to order a seal for an organization and power of attorney (original) to receive a seal.

We recommend that you check this list in advance. It is possible that only a copy of the certificate of state registration of a legal entity and a copy of the certificate of its registration with the tax authority will be sufficient.

Registration of a seal is carried out only at the personal request of its owner or in cases established by law, if such cases occur. You can register a seal with the authority authorized to register seals by submitting the entire required set of documents and a sketch of the seal.

All the best!

Seals have been used since ancient times, even before the advent of writing; they were made from stone, bone, and valuable wood. For example, in Ancient China they were made as real works of art, and in medieval Europe they were often in the form of rings.

Nowadays printing serves purely business purposes. This is a device that makes an imprint on paper with the full name of the company, its location and other data. They are placed as a requisite to certify the authenticity of a signature, and only on signed documents.

They are:

stamp;
basic for enterprises, individual entrepreneurs, lawyers, doctors;
for separate units
additional, for different areas of activity.

The use of official seals is determined by the law “On the State Emblem of the Russian Federation”; it can only be affixed to documents by state organizations and organizations endowed with state authority.

Information about the seal must be contained in the Charter.

Requirements in 2018

There were no significant changes in use in 2018.

And most importantly, the most controversial issue has been resolved - presence of an imprint when filling out work books. Previously, the Ministry of Labor determined that it was mandatory to affix it, even if the organization abandoned it in its activities, now only those companies that use it need to affix a stamp.

The rest of the rules and regulations did not change in 2018.

The laws on JSC and LLC determine the required details: full name, organizational and legal form, city or locality of actual location. The name must be indicated in Russian and optionally in any other language. Nothing else is spelled out in the law, so a company can additionally add a tax identification number, checkpoint, emblem or trademark, but it must be registered.

In addition to the fact that mandatory details are stipulated by law, other parameters (dimensions, sketches) are not defined, therefore, when producing them, stamp workshops are usually based on GOSTs applied to official seals.

Additional stamps indicate for which service or documents they are intended: “HR department”, “archive”, “for invoices”, “for delivery notes”, etc. You can choose a shape for them not only round.

Registration and application

Previously, there was a need to register a seal and approve its sketch. Now this is not required; the registration procedure is not defined by any legislative acts, so the company does not need to obtain permission or notify government authorities about the introduction of its seal.

But its use should not be mediocre, because it one of the important business attributes of the company Moreover, the state recommends developing instructions for use in accordance with GOST for document management and archiving.

The instructions may contain:

List of seals - presence of main and additional ones, number of copies.
Storage places.
List of positions responsible for storage and authorized to use.
Terms of use.
Listing of documents that require the affixing of main and additional stamps.

They must be transferred and stored against a signature in the log book, and when not in use, they must be locked in special boxes.

LLC activities without a seal and its cancellation

In April 2015, No. 82-FZ was issued, which introduced the wording “if available” into the laws relating to the press of LLCs and JSCs, i.e. transformed the obligation to use it into a right.

From now on, each organization determines for itself the need to use a seal, but the law may stipulate documents in which its affixing is still mandatory. These are RKO, strict reporting forms, etc.

In all other documents today, the imprint may not be placed, but only if this is stated in the Charter of the company. The seal is affixed at the discretion of the enterprise in accounting and tax reporting, primary documents, powers of attorney, work books and other forms.

You need to pay close attention to contracts. If the agreement concluded earlier stipulated the mandatory affixing of an imprint in the PD samples, then either it must continue to be affixed, or an additional agreement must be concluded to exclude it from the mandatory details of the documents.

Overall, the cancellation is a benefit for businesses and encourages more paper-based adoption. With the development of technology, it is easier to choose modern identification methods and switch to electronic document management.

Thus, in tax reporting, an electronic digital signature is increasingly being affixed, and in judicial practice, the imprint is qualified as an additional requisite, and not mandatory. Moreover, since 2013, organizations have the right to independently develop forms for primary documents, the main thing is that they are recorded in.

Manufacturing and methods of protection

So, when a society decides to use a seal, it is quite simple to produce one. This is what stamp shops do.

The price is small and depends on the degree of protection. Only certified organizations can produce cliches with the image of the coat of arms.

Usually the simplest cliche and equipment are made 1–3 hours, but if an organization takes its security responsibly and seriously, it is worth thinking about protecting it. Saving in this case can be costly and lead to losses.

In this case, you need to provide copies of:

Charter.
Certificates of state registration.
Manager's powers of attorney.
For JSC - the decision of the shareholders' meeting.
If it is planned to use a trademark in the print, then a certificate of its registration.
And, of course, a statement stating the reason for production.

Many manufacturing companies meet their customers halfway and significantly reduce the list of required documents.

Ways to protect seals:

Microtext – printing text 0.5-0.8 mm.
"Macrame" - guilloche or tangier mesh. This is a complex pattern of thin intersecting lines less than 0.1 mm thick.
A special distortion of a font is an imitation of a defect in some letters.
Raster field is a generally accepted method used in official stamps.
Halftone images.
"Cerberus" - UV marks, invisible under normal lighting.

Clichés protected in this way are difficult to counterfeit using photopolymer technology, which is usually used by fraudsters. To better protect your organization, you must follow the following rules:

use several seals, make additional ones if necessary;
change the sample periodically;
do not use photopolymer clichés;
combine several methods of protection during production, contact only certified manufacturers;
follow the instructions for use;
appoint a person who will be responsible for the storage and transfer of seals.

Destruction and replacement

In cases where the seal is no longer needed, it cannot simply be thrown away. The seal must be physically destroyed, and this can be done in two ways:

Seals are subject to destruction when they are replaced with new ones or when the company is liquidated.

Replacement is carried out for several reasons:

renaming the company, changing its data;
mechanical wear;
planned replacement;
loss or theft.

In all cases, a new cliche is made only after the old one is destroyed, and if the sketch has not been changed, the sign “D” is affixed to the new one - a duplicate.

Unacceptable Violations

It must be remembered that when using printing you cannot:

Depict the coat of arms in the print, unless this is specified by the law “On the State Emblem of the Russian Federation”.
Indicate to avoid confusion.
Include unregistered trademarks of the company in cliches.
Use the old seal when changing data.
Violate the instructions for use.

So, if you follow these rules, there will be no problems with printing. Well, whether to work with it or without it is up to the organization itself.

You will learn how to properly refill a seal or stamp in this video.

In accordance with the law on limited liability companies, the company must have its own seal. The same regulatory act establishes requirements for the seal of an LLC. In addition, there are other by-laws that seal manufacturers use in their activities. When creating it, you should immediately take care of the degree of protection, since now there are many such methods and methods.

Appearance and design

Let us consider the main issues that arise when creating a company of this organizational form. In particular, about the form, content and details that should be indicated on its stamp. The Civil Code of the Russian Federation does not have a directly established requirement for what the seal of an LLC should be, therefore, it is necessary to study the legislation on this issue comprehensively, referring to special rules of law.

Each company determines independently how many stamps and impressions it needs in its activities. The basic shape of the print should be round. It is she who certifies all the company’s main documents, correspondence, orders, and invoices. The authenticity of the signature of an authorized representative of the legal entity is verified. It is not without reason that certain rules and design standards have been established that must be observed and are officially recognized.

A number of enterprises are ready to contribute to the creation and registration of corporate imprints for companies. It is clear that you cannot make an original stamp for an enterprise on your own, and you still need to contact specialists in this field. However, it will not hurt to learn some subtleties. For a layman, the first question that always arises is what should the LLC seal contain? It should be immediately noted that there are no direct prohibitions or instructions on the content. It shows:

Full name of the legal entity (in accordance with the constituent documents and information in the register);
Data on information and legal form;
Along the circle you can indicate the full name and shape of the enterprise;
Information about the location of the organization.

These are mandatory LLC seal details. Other information may be included on the print at the request of the applicant. So, optionally, that is, not necessarily, you can indicate the OGRN code.

In addition to the above, an enterprise stamp has the right to contain an image of a trademark, a trademark that is registered for a given legal entity, or a logo that was created for the enterprise.

Stamps and impressions for LLC

The diameter of the company's main print must comply with approved standards. As a rule, it is 38-42 mm. If you look, all the official imprints of companies have approximately the same appearance. That is, we can talk about a certain GOST, in accordance with which they are manufactured. Further, after the company has acquired the main one, it then independently decides which seals are additionally needed for the LLC.

There are also internal stamps for corporate use. For example, each department can have its own individual stamp for documents and correspondence. There is currently no special procedure for registration with the internal affairs bodies. And yet, in order for the imprint of a legal entity to be valid, when producing it, it is necessary to take into account the requirements for the seal of an LLC organization. Internal stamps can have any shape (mostly round or triangular).

How to open an LLC correctly: video

When choosing an LLC as a form of doing business, an entrepreneur thinks about what attributes are necessary for the proper conduct of business. After registering an organization with the tax authorities, it is worth thinking about a seal, which until recently was necessary to confirm the authenticity of documents. What is the situation in 2017 and is it necessary to register the seal of an LLC with a special department?

Is an LLC required to have a seal?

Today, having a seal for an organization is not a prerequisite for activity. LLCs received this right in 2015 after the Federal Law came into force (Federal Law No. 82 of 04/06/2015). It explains that the use of a seal for LLCs and other organizations or individual entrepreneurs is voluntary and depends on the charter of a particular company.

This decision applies to both newly formed LLCs and those that were registered before the law was signed. True, there is a certain division that needs to be taken into account:

LLCs created before 04/06/15.
LLCs registered after 04/06/15.

In the first case, the organization must decide whether a seal is needed and whether it is worth using in the future. There is a footnote in the law that states that if there is a seal, its imprint must be on all important documents in tandem with the personal signature of the manager. If the situation changes, the company needs to make adjustments to the charter and all significant documents.

If there is a seal, its imprint must be on all important documents in tandem with the personal signature of the manager.

The new organization needs to decide on the need to produce a seal and register it. It is worth noting here the fact that, despite the fact that organizations were given the opportunity to independently decide on the presence of a seal, some departments and commercial banks still require the signature to be supported by the seal of an LLC. Therefore, we will give recommendations to those who decided to make their own seal to avoid unforeseen situations.

Making a seal and registering it

Making a seal for an LLC is quite simple. Licensing of organizations providing this service has been canceled, and therefore you can contact any specialized institution. The production of a seal can be ordered only after the LLC has been registered with the tax office.

Typically, printing takes one to two days. But the director of the LLC and all the founders are concerned about the need to register the main seal and other stamps with specialized departments.

Let's give an explanation. Based on the fact that in the Russian Federation there is no agency that performs the function of collecting information about all manufactured seals, the LLC has no obligation to register its seal. An organization can carry out this procedure only on its own initiative.

It is believed that registering seals will avoid risks that are often associated with fraud in relation to contracts or payment documents. Therefore, it is worth considering entering information about the seal of a limited liability company into some register.

Registration methods

There are several ways to register a seal:

in the same organization that was engaged in manufacturing;
in the tax office;
in the Ministry of Internal Affairs of the Russian Federation;
in a specialized regional center, if available.

Registration at the place of manufacture

Serious organizations involved in the production of seals value their reputation. Therefore, they keep a record of every stamp made to order. The creation of an LLC seal is accompanied by entering information into a journal, where employees enter the date of manufacture, the name of the LLC, and where they leave an impression of the seal, so that in the event of controversial issues it is possible to compare the original and the fake. The creation of such a record is a personal initiative of serious companies that issue a document on the production of the seal and its license plate in this register.

Registration with the Federal Tax Service

You can leave information about the company's seal with the tax service. This is not an obligation of the LLC, but if a decision is made to use not only the manager’s signature, but also an imprint on all reporting documents, then you can independently provide such information to the department.

Registration of the seal with the tax office will allow you to avoid forgery in reporting documents. If necessary, you can contact the tax office to provide evidence to the inspection authorities. The tax office creates a record of the seal of a particular LLC only at the initiative of the company, and this is not an obligation prescribed by Russian law in relation to commercial and non-commercial activities.

Registration of the seal with the tax office will allow you to avoid forgery in reporting documents.

Documents for production and registration

There are no rules for registering a seal for an LLC. If there is a need for its production, then you need to provide the following forms:

OGRN of the company – original and copy.
TIN and KPP of the company - original and copy.
Identity card of the manager submitting the application for production and registration of the seal. This can be a trusted person with a notarized power of attorney.
You can write an application in any form addressed to the director of the registering organization.
Some LLCs additionally submit a sketch of the future seal, which is developed and approved by the company.

Perhaps this is the main package of documents. A serious stamp manufacturer will not fulfill an order if there are no documents confirming the legality of the LLC.

Let's sum it up

If until April 2015 only individual entrepreneurs were exempt from the obligation to have a round seal, then after Federal Law No. 82 came into force, this rule extended to limited liability companies. The general director or board of directors independently decides on the use of the company seal and enters this information into the constituent documents.

Registration of a seal is also carried out at the discretion of the LLC. There are no regulations or instructions here. Therefore, you can refuse this procedure. But companies that want to maintain the status, respect and trust of their partners should consider ensuring that their seal is protected from fraudsters.

Choose for production those organizations that care about customers and independently form a database of issued copies of seals.