Art. 129 Bankruptcy Law in the latest valid version dated December 21, 2016.

There are no new articles that have not entered into force.

Compare with the edition of the article dated 01/01/2016 09/01/2013 10/29/2012 06/05/2009 12/31/2008 12/02/2002

From the date of approval of the bankruptcy trustee until the date of termination of bankruptcy proceedings, or the conclusion of a settlement agreement, or the removal of the bankruptcy trustee, he exercises the powers of the head of the debtor and other management bodies of the debtor, as well as the owner of the debtor’s property - unitary enterprise within the limits, in the manner and on the conditions established by this Federal Law.

The bankruptcy trustee is obliged:

• take charge of the debtor’s property, conduct an inventory of such property no later than three months from the date of commencement of bankruptcy proceedings, unless a longer period is determined by the court considering the bankruptcy case, based on the petition of the bankruptcy trustee in connection with a significant amount of the debtor’s property;
• include in the Unified federal register information about bankruptcy information about the results of the inventory of the debtor’s property within three working days from the date of its completion;
• engage an appraiser to evaluate the debtor's property in cases provided for by this Federal Law;
• take measures aimed at searching, identifying and returning the debtor’s property held by third parties;
• take measures to ensure the safety of the debtor’s property;
• notify the debtor's employees of the upcoming dismissal no later than within a month from the date of commencement of bankruptcy proceedings;
• make demands on third parties who have a debt to the debtor for its collection in the manner established by this Federal Law;
• declare in in the prescribed manner objections regarding creditors' claims against the debtor;
• maintain a register of creditors' claims, unless otherwise provided by this Federal Law;
• transfer for storage the debtor's documents subject to mandatory storage in accordance with federal laws. The procedure and conditions for transferring the debtor’s documents for storage are established by federal laws and other regulations legal acts Russian Federation;
• enter into transactions in which there is an interest only with the consent of a meeting of creditors or a committee of creditors;
• perform other duties established by this Federal Law.

The bankruptcy trustee has the right:

Lost power. - the federal law dated April 28, 2009 N 73-FZ.

If there are grounds established by federal law, the bankruptcy trustee makes claims against third parties who, in accordance with federal law, bear subsidiary liability for the debtor’s obligations.

The paragraph is no longer valid. - Federal Law of April 28, 2009 N 73-FZ.

The meeting of creditors has the right to decide to terminate economic activity the debtor, provided that such termination will not entail man-made and (or) environmental disasters, cessation of operation of facilities used to support the activities of preschool educational organizations, other educational organizations, medical and preventive institutions, facilities used for organizing pre-hospital care, ambulance and emergency outpatient clinics, inpatient medical care, communal infrastructure facilities related to life support systems, including water, heat, gas facilities and energy supply, water disposal, cleaning Wastewater, processing, recycling, neutralization and disposal of solid municipal waste, objects intended for lighting the territories of urban and rural settlements, objects intended for improvement of territories (hereinafter referred to as socially significant objects) necessary for the life support of citizens. The bankruptcy trustee is obliged to stop the debtor's production of goods (performance of work, provision of services) based on the decision of the creditors' meeting to terminate the debtor's business activities within three months from the date of such a decision.

Authority represent a limited right and responsibility to use the organization’s resources, make decisions independently, give orders and implement.

Authority is vested in the position, not the person holding it.

Authority comes in two general types:

• linear;
• hardware (headquarters).

Line authority

They are transmitted directly from the boss to the subordinate and further along the chain to other subordinates. A manager with line authority also has the right to make decisions and act in certain matters without the approval of other managers, for example, within the limits established by law or the organization's charter.

The sequential chain of emerging linear powers creates a hierarchy of management levels. Most clear example chains of command - the hierarchy of a military organization. When the chain of commands is long, there is a significant slowdown in the speed of information exchange.

There are two concepts that must always be taken into account: the principle of unity of command and the need to limit the norm of control.

According to the principle of unity of command an employee must receive authority from only one superior and answer to him.

Controllability rate— this is the number of employees who directly report to this manager.

Staff powers

These powers help the organization to use specialists without violating the principle of unity of command to solve problems of an advisory or service nature.

The main types of staff powers are divided into recommendation, coordination, control and reporting, and conciliation.

Recommendations powers lie in the fact that their holder, if necessary, can give advice to managers or performers who need them on how best to resolve this or that narrowly professional issue.

Coordination powers are associated with the development and adoption of joint decisions.

Control and reporting powers provide the opportunity for their holders to carry out, within an officially established framework, verification of the activities of managers and performers, require them to provide mandatory information, carry out its analysis and send the results obtained, together with the conclusions received, to the relevant authorities.

The principle of delegation of authority

Within the framework of the management structure, there is a rational distribution and redistribution of rights, duties and responsibilities between its subjects. This process, the principles of which were developed in the 1920s. P.M. Kerzhentsev, was called “delegation of organizational powers and responsibility.”

Delegation- is the process of a manager transferring part of his official functions to subordinates without active interference in their actions.

The principle of delegation of authority consists in the transfer by the manager of part of the powers, rights and responsibilities assigned to him to his competent employees.

• routine work;
• specialized activities;
• private and minor issues;
• preparatory work.

However, there is a set of management tasks, the solution of which should be left to the manager. The duty of the first person in the company is to undertake tasks with a high degree of risk, containing aspects of strategic importance and of a confidential nature and all unusual ones that go beyond the established regulations and traditions of the operation.

• establishment;
• development of organizational policy;
• employee management and motivation;
• high-risk tasks;
• unusual and exceptional cases;
• tasks of a strictly confidential nature.

When delegating authority, the manager delegates (establishes) responsibilities; determines the rights and level of responsibility when exercising powers.

Benefits of delegation of authority:

• the ability to engage in tasks that require the personal participation of the manager;
• focusing on strategic objectives and long-term plans for the development of the enterprise;
• This The best way motivation of creative and active workers;
• this is the best way to learn;
• it is a way to have a professional career.

The effectiveness of delegation of authority is obvious, but not all managers are in a hurry to apply it for the following reasons:

• doubt about the competence of other employees, fear that they will do worse;
• fear of losing power and position;
• distrust of subordinates, low assessment of their abilities;
• ambition and high self-esteem;
• fear that his actions will be misinterpreted by colleagues and superiors.

Let us consider in more detail the importance of the practical application of delegation in enterprise management.

Practical application of delegation in enterprise management

Delegation of powers occurs not only on an official, but also mostly on a semi-official or even unofficial basis, and presupposes the presence of a favorable moral and psychological climate in the team and mutual trust between managers and performers. Delegation of authority is preceded by significant preparatory work. It consists of determining: why, to whom, and how to delegate authority? What benefits can be obtained for him, his subordinates themselves and the organization as a whole? What obstacles might arise?

Main practical value The principle of delegation of authority is that the manager frees his time from less complex everyday affairs, routine operations and can concentrate his efforts on solving problems at a more complex management level. At the same time, this method is a targeted form of employee training, promotes the motivation of their work, the manifestation of initiative and independence.

The main task of a manager- not to do the work yourself, but to ensure the organization of the labor process with forces, take responsibility and use power to achieve the goal.

A particularly sensitive aspect of the principle of delegation is organizing control over the actions of subordinates. Constant guardianship only hurts. Lack of control can lead to disruption and anarchy. The solution to the control problem lies in a well-established feedback, in the free exchange of information between colleagues and, of course, in the fairly high authority and managerial skill of the leader.

The problem of psychological choice often arises: Which task should be entrusted to a performer familiar or fundamentally new?. Most often, execution is delegated new task, especially if it seems unattractive and routine to the manager. This decision is not always correct. The problem is that, having delegated the solution to a task to someone else, the manager is still responsible for its implementation and control, and even more so, it is much easier to simply observe (so-called monitoring) the progress of the implementation of a familiar problem.

Experienced administrators often entrust a capable performer with a little more complex tasks than he is used to doing. In this case, it is advisable to prepare the task in the form of a written order. Having received a difficult task, the performer opens up more fully and receives sincere satisfaction from completing the task and the trust placed in him.

It should be noted that the principle of delegation of authority is little used by people who have recently received a promotion, because It is difficult for them to abandon the usual stereotype of past activities. However, a manager who himself sorts correspondence and types on a typewriter in front of a bored secretary evokes regret, but not sympathy.

Sometimes principle of delegation of authority does not give the expected effect: the performer does not fully perform the leadership functions assigned to him. Most often this happens in cases where it is necessary to make unpopular decisions in the team: imposing penalties for violation of labor discipline; deprivation of bonuses; investigation of immoral acts of workers, etc. Under various pretexts, the performer tries to transfer the solution to these problems to his manager in order to appear, as it seems to him, on the best side in the eyes of the team. Among other reasons, the most often cited are uncertainty about the correctness of the responsible decision being made, insufficient experience, and fundamental disagreement with the opinion of the manager.

• The powers must be sufficient to achieve the goals set for the subject. Therefore, it should be remembered that goals are always primary and determine the scope of the powers granted.
• The powers of each subject must be linked to the powers of those with whom it has to cooperate in order to ensure their interaction and, ultimately, the balance of the entire management system.
• Authority in the organization must be clear so that each employee knows from whom he receives it, to whom he transfers it, to whom he is responsible and who must answer to him.
• Performers must independently solve all problems within their competence and bear full responsibility for their activities and their results.

A key figure in the operation of any retail or wholesale trade is the store manager. The responsibilities, functions, powers and rights of the person holding this position are carefully spelled out in his job description, as well as in some regulations of the current legislation.

Important points

First of all, it is worth noting that the position of “store director” belongs to the category of management. As a rule, he is subordinate directly to the owners or top management, for example, network managers. From a legal point of view, it is the store manager who is responsible for meeting the requirements of regulations, norms and standards. The responsibilities of such an employee include interaction with representatives of authorities, various authorities, services and departments in order to ensure the functioning of the point of sale without violations and deviations. It is this official who signs and endorses reporting documents, including strict ones, and is also responsible for compliance with fire, sanitary safety measures, and so on. It follows from this that such a manager bears responsibility for the quality of his work not only before the owner or top management, but also before the law.

Basic provisions of the job description

What is the main document by which the store operates? Job description usually consists of several points: functions or responsibilities. Below are the main general points of these sections. This document is approved by the owner-entrepreneur alone or by a meeting of founders, owners or shareholders, depending on the organizational and legal form of the legal entity. After hiring the director point of sale with his signature he confirms familiarization with the job description and undertakes to fulfill it in full.

Job responsibilities

Since the main employee of a retail outlet is the store manager, the responsibilities of this person are quite broad. As a rule, they boil down to the following:

• Organizing the work of a point of sale, including establishing a schedule, drawing up and regulating work schedules, determining days off and holidays.
• Compliance with legal requirements for the operation of the store, depending on the specifics of its activities.
• Submission of documents, execution and receipt of all necessary permits in accordance with current legislation, taking into account the profile of the store’s activities (licenses, conclusions, certificates, etc.).
• Ensuring the availability and functioning of everything necessary commercial equipment, measuring instruments, cash registers, terminals, etc., as well as monitoring their timely Maintenance, metrological verification, as well as, if necessary, registration in government agencies and authorities.
• Drawing up work plans, communicating them to employees and monitoring their implementation.
• among employees, issuing and processing individual instructions, instructions, orders.
• Providing employees with everything necessary to fulfill their job descriptions, as well as monitoring rational use Supplies, financial and material resources.
• Negotiating with suppliers and clients, organizing and conducting business meetings and presentations.
• Concluding sales and purchase agreements, commissions, leases within the limits of amounts established by senior management or the store owner.
• Drawing up and submitting reports to government agencies or the founders of the retail outlet.

Other functions of a store manager may be added to this list at the discretion of the owners or top management of the chain.

Rights

The store director has not only responsibilities, but also a number of opportunities, which are also indicated in the job description. So, the manager of a point of sale has the right:

• Submit proposals for improvement of work, changing the work schedule, expanding or reducing the range of products, holding promotions or advertising campaigns etc.
• At your discretion, hire and fire store employees.
• Accept disciplinary measures in relation to employees who have violated the work schedule or performed their job duties in bad faith, including in the form of reprimands, with (or without) recording in personal files and work books, as well as attracting financial liability(imposition of fines).
• Provide bonuses to employees who excel in their work within the limits set by superior management/store owner or budget.
• Require the employer to provide all necessary conditions to fulfill their immediate responsibilities, including the provision of a workplace that meets the requirements labor legislation, means and opportunities to implement the norms and requirements of regulatory legal acts or eliminate existing violations.
• Transfer part of your functions or responsibilities, as well as the right to sign certain documents, to another official with prior (or without) approval from senior management or the owner. Such a person, for example, could be a deputy store manager or a chief accountant.

It's also not full list, but only the main provisions. Just as in the case of responsibilities, the manager’s rights can be much broader depending on the specifics of the activity and the level of trust of the employer.

Requirements

Since such a position requires a certain level of knowledge, skills and abilities that a store manager must have, responsibilities are not the only important point in the job description. Often, the employer also prescribes the requirements for the store director. For example:

• Constantly improve the level of your qualifications by taking special training courses, trainings, attending conferences and round tables for managers.
• Not to be regular customer competing trading network or store.
• Always be well-groomed and neat appearance, consistent with corporate network policy.

Sometimes the employer also prescribes a requirement to answer calls from senior management at any time, even at night or on weekends, as well as other specific points related to the specifics of the activity.

Responsibility

As noted above, the store manager is responsible not only to the owners or top management of the chain, but also to the law. Basically it comes down to a few points in the job description:

• For damage resulting from failure to perform or improper performance of your job responsibilities the manager bears responsibility in the amounts established by the internal documents of the store (or network), as well as current legislation.
• The manager is liable for the use of financial, material and technical resources of the outlet in his own interests or in the interests of third parties, depending on the amount of damage caused.
• For failure to comply with the requirements of regulatory legal acts, as well as for submitting false reports to the authorities government controlled and control, the store director is liable in the amounts established by law.

Work time

How this work is regulated is also a difficult question. A store manager, like any other employee, can work no more than the number of hours per week established by current legislation. But, as a rule, this is only in theory. In practice, the store director has irregular working hours and often works without weekends and holidays. This is due to the great responsibility and volume of work. But with the right selection of personnel and proper distribution, he can organize his own work time productive and have a completely normal schedule. The main requirement of all owners usually boils down to the following: the business must operate and generate income not lower than a certain level, and the rest is the task of the head of the outlet, and he will do it independently, working at night, or he will meet deadlines without overworking the founders in mostly interested in the last place.

Salary

The salary of a store manager depends on many factors: the region in which the outlet is located, the focus and specifics of the work, the need or lack thereof for business trips and business trips, the volume of turnover, and the need for specific knowledge. The director’s level of earnings is almost always influenced by the profitability of the enterprise, as well as by the employees’ fulfillment of the point trading plans and schedules. In other words, wage The income of a director of a small grocery store in a residential area of ​​the city will probably be significantly lower than the income of a manager of an expensive car dealership. Moreover, this difference may not be several thousand, but vary in the range of several orders of magnitude.

Features of food trade

A grocery store has its own specifics of activity associated with very strict requirements of regulatory documents for its activities. Since such a product can have an impact on human health or even life, the law is very strict regarding sanitary and hygienic standards for sales, as well as the quality of products. That is why the head of a retail outlet for the sale of food products (whether it is a wholesale warehouse or a regular grocery store) bears great responsibility and is obliged, among other things, to very carefully monitor the availability of all necessary certificates for products, the conditions of their transportation and storage, as well as the health and physical condition of its employees.

Resumes and candidates

A store manager's resume should contain information about education and work experience. Such a position, as a rule, cannot be filled without certain skills and knowledge in the field of trade. It is worth indicating all previous places of work. Most likely, the employer will be interested in a candidate who has gone through the entire career path from an ordinary salesperson to senior management. In this case, the applicant for the position will most likely have the most complete understanding of the work process, possible difficulties and features.

Higher rank

A chain store manager is a position that, in essence, is very similar to the position of a store director, but the distinctive feature is the management of not one outlet, but several. As a rule, a manager of this level does not interact directly with all employees of the chain stores, but most often only with directors or their deputies. The duties and rights of such an official are almost the same as those of a store manager. The director of the network is usually responsible to the owners or founders.

Non-standard approach

Today, a non-standard approach to such a position as a store manager is becoming increasingly popular. Responsibilities of the director of a retail outlet Lately are complemented by new points, including the adoption of non-standard decisions and the introduction of creative ideas for business development. It all depends on the corporate policy of the network and the views of the owners on trading.

External management is applied to a legal entity that is in the process of bankruptcy and is optional and is introduced by an arbitration court based on a decision of a meeting of creditors. The introduction of such management makes sense if it is possible to avoid bankruptcy proceedings, for which purpose an external manager is appointed by the arbitration court. At the same time, such a person receives a wide range of powers and fully replaces the head of the bankrupt enterprise in his position.

An important aspect of arbitration management is the establishment of a moratorium on credit obligations of a legal entity facing bankruptcy.

Procedure for appointing an external manager

The decision to introduce external management is made by the debtor enterprise. At the same meeting, the candidacy of the manager must be approved. After this, the arbitration court introduces external management, simultaneously appointing an external manager. If this is not possible, the court must approve the arbitration manager within a month after the start of external management.

Candidates for this position may be proposed to the meeting of creditors by the tax authority, the bankruptcy creditor, the debtor himself or the owner of his property.

If at the first meeting of creditors a decision on arbitration management was not made, then the candidacy of the manager may be submitted for approval to the arbitration court within two weeks from the date of his decision to introduce external management at the bankrupt enterprise.

Who can be appointed as manager?

The period of validity of the arbitration office is 18 months. But it can be either extended for 6 months or shortened for a certain period at the request of the meeting of directors. The decision on this is made by the arbitration court.

Rights of the external manager

Immediately after the appointment, the external manager takes over all management of the affairs of the bankrupt enterprise, and the manager immediately vacates the position.

Within three days, the governing bodies must transfer all accounting and other required documentation, seals, stamps and material assets to the insolvency administrator. In this case, the manager undertakes to take charge of the debtor’s property by conducting an inventory of it.

He also needs to open a special bank account for financial transactions, maintain all types of legal records and provide reporting on them.

The activities of the arbitration manager can be divided into two stages:

1. Determining the reasons that led the company to bankruptcy, including finding out whether it was intentional.
2. Activities aimed at eliminating insolvency legal entity.

At the first stage, the external manager focuses on the possibility of canceling some unprofitable contracts that were concluded by the debtor as part of civil law activities. To do this, he is given 3 months.

The classification of such transactions is carried out according to several parameters:

• Only contracts can be canceled which the parties have not fulfilled partially or completely.
• If fulfilling the terms of the transaction entails losses, and contracts concluded under similar circumstances have previously been successful.
• The benefit from the agreement is calculated on long term perspective , or it is concluded for a long term (i.e. more than 12 months).
• Other conditions are taken into account, which do not allow the bankrupt to resume solvency without canceling the contract.

In the event of cancellation of any transaction, the other party may claim compensation for the damage caused without taking into account lost profits.

The arbitration court may also invalidate an agreement that, according to the conclusions of the arbitration manager, caused losses to creditors. Transactions that entailed the satisfaction of the material interests of certain creditors to the detriment of others may also be cancelled.

The external manager must begin the second stage of his activity by drawing up a management plan. He was given 3 months from the date of his appointment to complete this task.

This plan must have a clear time frame and be aimed at eliminating signs of bankruptcy. Concept and signs of bankruptcy.

In other words entity as a result of arbitration management, it must completely get rid of debts and have at least some amount of finance to continue business activities. It is precisely to achieve such results that the rights and responsibilities of the external manager are aimed.

Insolvency administrator's plan

The manager's action plan should consist of the following points:

• List of measures aimed at restoring the solvency of the debtor enterprise. This may include:
  • change in activity profile,
  • closure of unprofitable industries,
  • sale of some part of the property,
  • issue of additional shares,
  • retraining of personnel,
  • increase in authorized capital, etc.;
• The order of implementation of planned actions.
• Both planned and unforeseen costs associated with implementing the plan.
• Specific time frames that must correspond to the external management period.

Members of the meeting of creditors can approve or reject the plan proposed by the external manager. They have the right to petition the arbitration court to remove the arbitration manager from office and to replace him with another person.

Members of the meeting of creditors approve or reject the manager's plan.

Creditors have the right to present claims to the debtor, which during the period of arbitration management are considered by an external manager, defining them as established in accordance with the law. Such requirements are entered into the register within 14 days. sample register of creditors' claims. After no more than 1 month has passed from the date of receipt of the claim, the arbitration manager informs the creditor of the results of their consideration.

Responsibilities in managing the debtor's enterprise

It is worth emphasizing that an attractive side of external management for the debtor is the moratorium on the repayment of creditor claims. the beginning of external control. At this time, instead of paying off debts, available funds can be used for recovery financial condition enterprises.

The external manager has the right to dispose of the property of the debtor enterprise, and the owner cannot influence his decisions. To avoid the adverse consequences of such a broad power, certain mechanisms are established in the legislation.

Restrictions have been imposed on transactions that exceed 20% of the value of the debtor’s assets and on agreements where an external manager may be an interested party. The arbitration manager can conclude such agreements only with the approval of the creditors.

15 days before the expiration of his powers, the external manager must submit to the board of creditors full report about your activities. This may happen earlier if there is reason to do so.

In the final report, the external manager is required to indicate the latest financial indicators enterprises. They need to highlight the balance of profit and loss for the reporting period, information about the possibility of paying debt obligations to creditors.

Based on the report, the board of creditors can make the following decisions on the results of the external manager’s work:

• termination of external administration as a result of restoration of the debtor’s solvency;
• application for extension of the period of external administration;
• petition to declare the enterprise bankrupt;
• conclusion and .

The arbitration court agrees with the opinion of the council of creditors or makes a different decision.

Powers of the collegial executive body

Authority general director

In accordance with the law, the powers of the General Director.

1. Leads current activities society

2. Without a power of attorney, acts on behalf of the company, including representing the interests of the company in the Russian Federation and abroad

3. Affirms staffing table

4. Submits the annual report and financial statements to the relevant authorities

5. Concludes transactions on behalf of the company, subject to restrictions established by law and the company's charter, issues orders and gives instructions to company employees

If a company creates a collegial executive body, the charter must separately define the powers of the general director and the collegial executive body, since they are not defined in the Law on JSC, but are established at the discretion of the company.

In accordance with the Code of Corporate Conduct, the company’s charter must determine the powers of the collegial executive body to:

· development of documents related to priority areas activities of the company;

· development of a financial and economic plan;

· approval of internal documents of the company;

· approval of transactions worth 5 percent or more of the value of the company's assets, which is accompanied by the requirement for immediate notification of such transactions to the board of directors;

· approval of real estate transactions and obtaining loans that are not related to the normal business activities of the company;

· appointment of heads of branches and representative offices of the company;

· approval of items on the agenda of general meetings of shareholders of subsidiaries, the only participant which the company is, if these issues are not within the competence of the board of directors of the company;

· appointment of persons representing the company at general meetings subsidiaries, the sole participant of which is the company, and issuing instructions to them for voting at general meetings;

· nominating candidates for the general director, members of the board, manager, members of the board of directors, as well as candidates for other management bodies of organizations of which the company is a participant;

· approval of internal rules labor regulations;

· approval of job descriptions for all categories of company employees;

· approval of conditions employment contracts with middle managers;

· approval of decisions on concluding collective labor agreements.

The general meeting may delegate the powers of the general director to the manager on the basis of a written agreement.

The general meeting may decide to transfer the powers of the sole executive body to the manager only upon proposal of the board of directors.

The manager performs the functions of the general director and reports to the board of directors and the general meeting. The JSC Law does not establish requirements for an agreement with the manager, other than that the chairman of the board of directors or other authorized person signs the agreement with the manager on behalf of the company.

In accordance with the Code of Corporate Conduct:

1.The board of directors must submit general meeting a clear justification for the need to transfer powers to the manager and provide information about:

· the reasons for this decision;

· associated risks;

persons who will report on behalf of management organization;

· other companies managed by a management organization;

· members of the board of directors, executive bodies and major shareholders of the management organization, as well as other information that may be necessary to determine the likelihood of a conflict of interest.

2. The manager must provide the Board of Directors and the general meeting with the following information:

· a document confirming that the manager has sufficient assets or has entered into insurance contracts in the event of failure to fulfill obligations under an agreement with the company, as well as financial statements of the management organization;

· charter of the management organization;

· an agreement with the manager, providing for:

a) the goals to be achieved by the manager;

b) the amount of the manager’s remuneration;

c) principles of liability applicable to the manager;

d) the procedure for terminating the powers of the manager (contained
the contract contains a provision on termination of powers);

e) the reports that the manager is required to submit to the board of directors and the general meeting, including information about who and when should submit such reports.

f) In addition, the manager must not perform similar functions in a competing company or be in a property relationship with a competing company.