Any changes in the legislation are always clearly monitored by both individual entrepreneurs and legal entities. Many of them are wondering if the round stamp has really been canceled? If so, how did these changes affect the workflow of enterprises and organizations? Answers further.
Cancel round stamp
Since April 2015, a law has actually entered into force, which in some way cancels the round stamp. In fact, it only allows some organizations to abandon it, of course, if they themselves want it.
Experts are sure that such innovations will bring only positive results for modern business, as there is some simplification of the workflow. However, they raise many questions regarding the use of organization round stamps.
Round stamping is no longer a necessity
Earlier, at the legislative level, the need was established for each organization to have its own round stamp for documents, samples of which are presented on official portals. Now, subject to the changes made, the seals can also be applied to AO and LLC, but only if the management wishes. This has ceased to be a duty and qualifies solely as a right.
Organizations, if desired, may have special forms and seals in which their name or trademark is registered. It is important that information about the presence of a seal is necessarily reflected in the charter adopted for a particular Company, which is required by current federal legislation.
Key Points
So, after the cancellation of the round stamp, any society can produce it. It should contain the name of the organization, as well as special forms, along with other means for individualization. But both AO and LLC, and individual entrepreneurs make decisions solely on their own, starting from their own convenience and needs.
Moreover, now printing is only one of many possible means for individualizing an organization, therefore it can have any convenient form, and not just be made in the form of a circle.
It is important to remember that if printing is nevertheless applied, then information about this will certainly be reflected in the charter. If such information is not available, then the organization does not have an official press.
Another detail. Only the companies that formed the press after the entry into force of the law received the right to choose. These are all those organizations that created it before April 7, 2015. They are required to apply a round stamp.
When can you do without printing?
Despite the abolition of the round stamp, the same law stipulates several categories of organizations, which, regardless of their own desire, must have it. First of all, a print is necessary for the certification of educational papers or when leaving the subject of a pledge. In these cases, all round stamp requirements must be strictly observed.
In other cases, the seal is affixed only if the organization has it. It is used in the preparation of a number of documents, such as the audit trail journal and others.
Do not forget that printing may be required when working with other organizations. So, you can’t get by without a print when issuing a bank account, as well as when working with government agencies.
Some conclusions from the law
For the convenience of interpreting the new law, it is worth highlighting a number of important aspects from it, namely:
- a modern organization may have a seal (optional), but is not required to do so;
- printing is nothing more than a means of individualization, such as a trademark or logo, so its shape and size can be different (the diameter of round stamps was normalized earlier);
- if the organization makes its own seal, the relevant information is recorded in its charter;
- in some cases, the law prescribes the need for a press for organizations working in certain areas.
What has changed for IP stamps?
All changes that came from the entry into force in April 2015 are exclusively related to business entities. This means that they in no way affect individual entrepreneurs.
Individual entrepreneurs can get a round stamp as they wish. But there was no legislative need.
When is the seal used if available?
Earlier, the legislative level stipulated the need for affixing a round seal with a number of document manipulations. Now, however, printing itself has ceased to be a necessity, and therefore its application has been adjusted.
It is not worth getting rid of it, if it began to work not too well, it is better to ask how you can fill the round seal. The fact is that if present at the organization of the press, they must certainly be used. In each case, there are some nuances. It is worth considering several typical situations.
Work with primary documents
Current Russian legislation allows independent development of forms for accounting primary documentation. As before, and now the standard marking of M.P. may not be stamped in papers. This is because the impression of the size of the round stamp is not included in the number of mandatory details for the primary documentation. This is spelled out in the Federal Law "On Accounting".
Features of working with contracts
The law does not contain information on how exactly the stamp on the contracts should be put. Experts are sure that not every contract required it before. Therefore, when processing documents, it is quite possible to do without it. The abolition of the round stamp did not introduce serious adjustments to the process of activity.
Work with reporting and its features
With the development of technology, many modern organizations have begun to submit reports on their activities in electronic form. Therefore, in itself, there was no need to put a round stamp on copies of papers before sending them to the Federal Tax Service. The declarations also bear a digital electronic signature.
If the organization continues to hand over all reports in paper form, the presence and size of round stamps still matter. Moreover, if the declaration does not have the necessary stamp, the Federal Tax Service may refuse to accept it.
Another important point is the formation of relations with employees. So, in the workbook of each employee the indicated information must also be certified by round stamp. This is required by the current Labor Code.
The rules on the design of work books still prescribe the obligation to use the round stamp when filling out such documents. All normative acts that contain these requirements are currently valid, there were no cancellations or adjustments. Therefore, in the work books must be exactly a round stamp.
Do you need to make adjustments to the charter of the company?
As mentioned above, at the legislative level there is a need to reflect relevant information on the presence of round stamps in the organization’s charter. Therefore:
- If the current document does not contain information on the round stamp, you can not touch it. But to use it in this case will not work, since officially it is absent.
- If there is a need to use such a seal in the course of the organization’s activities, it is worth making it and certainly entering information about it in the current charter. In this case, it will have to be used even for those documents on which its presence has now become optional (due to the possible absence of the press itself).
findings
After evaluating the innovation and its consequences, experts concluded that, as such, the abolition of round stamps is a positive change for modern business. In part, this step serves as an incentive for more active electronic document management in case of rejection of its paper version. Today, technology continues to be actively developed. Therefore, the transition to an electronic version of the workflow is becoming more and more soft, convenient and comfortable.
Even in the reports that are submitted to the tax, in practice often put an electronic digital signature (EDS). Contributes to this and relaxation in the management of the enterprise. So, since 2013, organizations have the right to create forms themselves for processing primary documents. The main thing is to reflect them in the current accounting policy.
The authenticity of the document in the absence of a seal on it does not suffer in any way. The paper will be invalid without a round print only if the procedure for its design requires the presence of printing.
Despite a number of concessions, it is not recommended to rush to destroy the organization’s existing press. After all, the law abolishing the mandatory round stamp was adopted relatively recently. Many other existing by-laws have not yet received the necessary adjustments. Therefore, in some situations, doing without it still will not work. Legislation is not perfect, changes in it occur gradually. This feature should be taken into account in the organization’s work during the transition period after any innovation.