Act - a document drawn up to confirm actions, events or established facts. It has a reference character. Let us further consider how to draw up an act .
Classification
Depending on the content and meaning of acts are divided into different types. They may be:
- About non-observance of the rules of order and discipline in the enterprise.
- About refusal of the signature certifying familiarization with the order.
- On the examination (on the state of working conditions, fire safety, etc.).
- About delivery / transfer-acceptance.
- On testing systems, technologies, samples.
- About inventory, revision.
- On the liquidation of the organization.
- About the investigation of accidents, accidents and so on.
Nuances
Acts are drawn up not by one person, but by several. This is due to the purpose and nature of the background paper. Before drawing up the act , it is necessary to find witnesses. Their presence during registration is necessary for subsequent confirmation of the authenticity of the event. In addition, many acts are often the basis for important decisions, which, in turn, can be challenged. If the court determines that the paper is framed in violation, then it will not be accepted as evidence. Moreover, the event described in it will be considered as non-occurring. In some cases, before drawing up an act , a special commission is created. Its composition is approved by order of the head of the organization. To fix certain events or information, special forms are used. Some acts are drawn up in any form. In this case, the main thing is to use accurate formulations to reflect certain events.
General rules
As mentioned above, before drawing up an act , a special commission may be convened. It is created, for example, when performing an inventory or to investigate an accident. If it is assumed that acts will be periodically drawn up for a specific area of activity, a standing committee may be formed at the enterprise. For fixing events or information, unified forms are used if they are provided for a particular situation. In other cases, organization letterheads may apply.
How to draw up an act?
Paperwork is carried out in a certain order. Before drawing up the act, you must familiarize yourself with the requirements of GOST R 6.30-2003. In accordance with the standard, the mandatory details are:
- Company name.
- The name of the document is the actual word "act".
- Registration number and date.
- Place of registration.
- Title to the text.
- Signatures.
If necessary, a stamp of approval is affixed on paper. Usually he is present at legislative acts, papers on acceptance of completed construction of structures and other facilities, examination, decommissioning, and so on. When choosing a heading for the text, it is necessary to write it so that it is grammatically consistent with the name of the form. You can use the preposition "o" or "about".
Design specifics
In some cases, before drawing up the act of transfer , tests are carried out. For example, it is relevant for introducing new equipment into production. In such cases, the text should indicate the period during which the object was tested. The date of preparation is the calendar number in which the paper is drawn. At the beginning of the text, the reasons for filling out the form are given. They may be references to a contract, order or other paper. In this case, the number and date of the original document are indicated. For example: “Ground: the order of the director of LLC“ A ”dated 12.12.2012 No. 1“ On the implementation of ... ””. The members of the commission are also listed at the beginning of the text, its chairman is mentioned. At the same time, not only surnames, but also positions of persons are indicated. Further, the facts that became the basis for the preparation of this act are reflected. The text may end with conclusions or suggestions of the commission. It is worth saying that the material is allowed to express not only in the form of a continuous text. Acts often have tables.
Number of copies
The act is drawn up in such a way that all interested parties can receive it. If necessary, at the end of the main text the recipients to whom copies will be sent are indicated. As a rule, their number is determined by the base document or the number of interested parties. In the form, it will look like this:
Compiled in 3 copies:
- 1 copy - in JSC "A".
- 2 copies - in LLC "B".
- 3 copies - into the case No. 01/12.
If annexes are provided for the act, then a mark about them is put down after information on the number of copies and their recipients before the autographs of the persons who participated in the compilation.
Captions
The act should include autographs of all members of the commission or persons who participated in its design. They are indicated in the same order in which the names and positions of these entities are given at the beginning of the paper. If any of the participants has any comments or does not agree with the drawn up act, such a person shall put a corresponding mark next to his signature. This subject can set forth his own conclusions in a separate paper. Everyone with whose interests it concerns is acquainted with the act. Signatures should bear the “familiarized” mark. After that, autographs of all persons who read the contents of the paper are put.
Statement
After drafting, some acts must be agreed with the management of the organization. In accordance with the rules of office management, the stamp of approval is affixed in the upper right corner on the first sheet. It can look like this:
I affirm.
Director of JSC "A"
Ivanov I.I.
12.12.2012 g.
How to draw up an act of acceptance?
Quite often, such a paper accompanies the fact of registration of the acquisition. Its key objective is the need to certify the quality of the property provided. How to draw up an act of transfer ? In general, all the rules specified above apply to this paper. It indicates:
- Date, place of registration and title of the document.
- Information about the subjects involved in the procedure. Here, in particular, indicate the name, passport data, contact information, address.
- Details of the contract of foundation.
- Enumeration of objects.
- Information about the condition of the property. Before drawing up the acceptance certificate , it is advisable to verify the proper quality of the objects. If defects are identified during registration, information about them must be indicated on paper. A similar action should be carried out before drawing up an act of work performed . In this case, the compliance of their actual volume with that provided for by agreement is additionally evaluated.
- Claims by the parties (if any).
- The total value of the property provided.
- Signatures of participants in the transaction.
- Printing company.
Legislative technique
To draw up a regulatory act , you need to know the special rules. The law, for example, officially expresses state will. To ensure an unambiguous, accurate and understandable interpretation, strictly defined unified forms have been worked out, formal details and structural elements are provided. Mandatory components indicate the official nature, legal force of the document. They also allow you to determine the body that issued the law, the date of adoption.
Headline
Before drawing up a legal act , it is necessary to choose its name. The title is a formal external requisite. It reflects the subject of regulation and largely determines the scope of the act. The title acts as the initial element, allowing the user to familiarize themselves with the content. It is an important systematization and accounting tool. However, the title is not normative. It is of orienting importance to the user. In some cases, the name promotes the correct interpretation of certain provisions, since it clearly indicates the scope of the act.
Preamble
The subject who needs to draw up a regulatory act must create the necessary conditions for the formation of a clear idea of the content of the paper by the user. For this, a preamble is created - an introduction. It is not divided into articles. The preamble defines the tasks and goals of the act, characterizes the conditions that have become the prerequisites for its preparation. In the introduction, all the provisions are united by one idea, a political basis and a targeted orientation. The preamble allows a deeper and more complete understanding of the necessity and significance of the act, focuses on the most pressing issues of regulation, mobilizes all performers to strictly follow the instructions. Especially important is the introduction to laws directly addressed to citizens, a wide range of organizations, and public associations.
Rubrication
It is used in the case when you need to draw up a complex structured and voluminous act. As a rule, it is divided into chapters, parts, subsections, etc. The internal rubrication is based on material grounds - dividing social relations into specific areas in accordance with their nature and content. It reflects the structure of a particular branch of legislation. The closer the rubrication is to the regulatory system, the more effectively it helps streamline social relations.
Features of paperwork on railway transport
Railroad workers often enough have to draw up an act of checking the condition of cars. This need may be due to various reasons. For example, upon detection of damage to the cargo, leak, etc. Before drawing up an act , an audit of the technical condition is performed. It is carried out on the day the defect is detected. The act shall indicate the cause of the malfunction, its nature and origin. The paper is signed by the employees who participated in the inspection. The inspection is carried out by the depot master or another person authorized by him, as well as the station employee appointed by the head. The act is drawn up in duplicate.
Labor law
At each enterprise, the manager had to deal with the facts of violation by employees of the rules of procedure and discipline. In such situations, relevant acts are drawn up, which serve as the basis for disciplinary sanctions. The registration of such papers is usually carried out by personnel workers or unit heads. The legislation does not establish unified forms of acts on violations of discipline. Nevertheless, there is a certain practice of their preparation. As in other cases, the act should contain information about:
- Location, date, time of registration. If an act needs to be drawn up regarding absenteeism or being late, the time is indicated to the nearest minute.
- The subject of the paper. Name, position are indicated here.
- Persons acting as witnesses.
- Violation of an employee.
- Explanations given to the guilty. They should be written verbatim.
At the end of the act, the signatures of those participating in its execution are put. The violator must also sign, thus confirming the fact of familiarization with the paper. In some cases, the guilty employee refuses to certify the act. This is a corresponding mark. As a rule, company letterheads with unified text are used to register violations. For industrial accidents a unified form is intended. Failure to draw up an act of violation of discipline is not prosecuted if the actions of the perpetrator did not cause damage to property or the health and life of others. However, as practice shows, management is interested in timely identification and suppression of dishonesty of employees.
Internal paperwork
When drafting local regulations, those responsible must be guided by state standards. In particular, we are talking about GOST R 6.30-2003. In accordance with the standard, a form is used which contains:
- The name of the company.
- Title of the document. It may be a provision, instruction, disposal, etc.
- Registration number.
- Date of preparation.
Numbering is carried out from the second page. The numbers are centered at the top. When drawing up a local act, one should adhere to the generally accepted structure. As a rule, it contains three parts: general, main and final. According to paragraph 4.7 of the Methodological recommendations, organizational and administrative acts that govern the activities of the enterprise include sections, paragraphs, and subparagraphs.
Conclusion
In practice, a variety of types of acts are used. Each category has its own purpose, specificity, scope. However, state standards provide for general rules applicable to all acts without exception. In particular, we are talking about the presence of mandatory details, such as the name of the organization, the time of paperwork, name, position and signature of responsible persons, text. Additional elements, such as the stamp of approval / approval, the preamble, the general part, etc., are included in the act depending on its purpose. Information can be entered into the form by hand or typed on a computer. Unified forms contain strings and their names. An enterprise can develop some forms on its own. However, at the same time, their appearance must comply with the stipulated standards and include all the required details. Texts of documents should be clear for perception. Blots and corrections are not allowed in the papers. Electronic forms of acts are filled in according to general rules. The only exception is for signature and stamp. Electronic documents use digital elements. An act drawn up in violation of the requirements of the law (there is no signature, name of the enterprise, information about the official responsible for execution, etc.) is not valid. Accordingly, it cannot be used as confirmation of certain events or information.