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Legal liability of the head of the organization

Posted: Wed Jan 22, 2025 6:51 am
by maksudasm
What are we talking about? The responsibility of the head of the organization for its activities is very high, because this person is often the sole "legislative body" of the company. Of course, if the documents confirming this fact were correctly executed.

Why is this necessary? A clear understanding of these realities will help the manager to competently build a legal business model, as well as take measures to protect their own interests.



The article explains:

Different statuses of managers
The problem of responsibility of top managers
General types of responsibility of the head of the organization
Financial liability of the botim database head of the organization
Tax liability of the head of the organization
Subsidiary liability of the director to creditors
Responsibility of the head of the organization for accounting documents
Responsibility in the field of labor relations
Limitation period for the application of sanctions
Methods of protection against risks

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Different statuses of managers
Most managers view managing a company as, on the one hand, the top of the career ladder, and, on the other hand, as an opportunity to obtain certain privileges and preferential rights, including independent determination of priorities, making one's own decisions, and having power over subordinates.

Different statuses of managers

Enterprise managers are divided into three categories:

the sole owner of an organization and founder of a legal entity or co-organizer of a joint-stock or limited liability company, holding a controlling stake;

a co-founder of a company who does not have a major share in the authorized capital of an LLC or the required number of shares in a JSC (such a director does not have a decisive vote at the general meeting of owners or shareholders);

a hired leader who has no shares and is not a co-organizer of the business.

The difference between these three categories is the personal responsibility of the head of the organization. In the first case, the director cannot be dismissed, since he is the owner of the business or has the right to vote, and does not bear civil liability for damages caused to the company as a result of his activities (damages are collected in favor of the company itself).

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