Storage of contracts in the organization: regulatory framework, deadlines

Keeping contracts is associated with certain problems. In particular, in some cases it is very difficult to determine to which type this specific document should be assigned, how much to store it, under what conditions, how to destroy it, and so on. All these factors are regulated by law, but due to the fact that the same contract in different situations may require different storage times, there are often all sorts of problems, ambiguous interpretations, and so on. It is necessary to understand all this, although it can be difficult. It should be understood that in case of failure to comply with the requirements of the legislation in such a sphere as the storage of contracts in the archive, the records management can be not only inefficient, but also dangerous from the point of view of possible punishment or fine.

Why store?

The contracts must be constantly available not only at the time of their action, but also after that. Perhaps, some information will be required, which is reflected in these documents, certain data that management will require and so on. Many controversial situations, which usually consist in the fact that one or another party dishonestly approaches the performance of their obligations, can be resolved with the help of the contract both out-of-court and officially in court. It should also be taken into account the possibility of inspections of certain periods, which will be carried out by state control bodies. They can also request documentation for a specific period, and if the storage of contracts in the organization, the deadline for their destruction and other similar functions are not performed correctly, very significant fines can be imposed. Naturally, the leadership will be guilty of the first thing, but after the situation stabilizes, the boss will remember, for whose fault he had problems on an equal footing. That is, contracts and any other documents must be kept strictly stipulated. In many companies in general, they prefer to expand the archive regularly and generally do not destroy anything in order to avoid possible troubles, than to make a mistake and then sort out the consequences.

Legislation

The law describes the storage of contracts in the organization quite clearly, if we do not take into account the fact that it is not always possible to properly evaluate a particular document. As a whole, there is no separate law directly for the contracts, they are indicated in the general list of typical archival documents (or administrative archival documents) that are formed in the process of functioning, organizations, state institutions, local government bodies and so on. Both variants of the lists, both with managerial and ordinary documents, are approved by the order of the Ministry of Culture and Mass Communications of the Russian Federation. The kind that concerns management documents is number 558 dated August 25, 2010, and the second type - No. 1182 dated July 31, 2007. It is highly recommended to study these documents, but it is best to select for oneself those papers that are used in a particular institution and refer to a certain area of responsibility. There are too many information in the lists to remember it all, but if you determine which documentation relates to what and how much is stored, it is likely that storing contracts will become much easier and easier. In many cases, all used papers fall under 3-4 points, in detail to study which is not so difficult.

Different types

Two main systems for dividing contracts are used to save them. So, the least common system is the binding to the shelf life. Allocate short-term, long-term and permanent storage. The first option implies the existence of a contract for up to 10 years. The second - over 10 years. Permanent is most often used only when you can not destroy a document at all. This system is not very convenient. The storage of contracts in the archive, the timing of which is determined in this manner, often leads to confusion and mistakes, what actually helps to put the process of document management correctly. Therefore, the more common system is the binding to the type of contract. At the majority of the enterprises they happen three basic versions: profile, economic and labor. The first and second are mostly similar, and they are usually kept only for five years. It should be understood that the profile means all contracts and generally documents that directly relate to the main field of activity of this organization. The third, labor type of contracts, in many cases is also stored only for 5 years, but in a certain situation, this period can significantly increase. For example, if there is no personal account, then such an employment contract will have to be kept for as long as 75 years, which is not very convenient. In fact, if you do not particularly go into the problem, you can conditionally limit the storage period to 5 years and no longer remember the problem. But in such a situation it is very likely that some factors can be missed, which can increase the period during which the storage of contracts of this format must be carried out necessarily, and then you can accurately earn a fine or other troubles that any sane person tries to avoid.

Transfer to archive

The procedure for transfer of contracts in the archive, the terms of which have already expired, may differ depending on the enterprise. In some cases, employees simply stitch documents together and put them in a dark corner, which is considered an archive. But with another company, the entire process can be clearly described in the normative documentation, there will be a separate person in charge of the archive, or even special nomenclatures, rules for forming the filing, a logbook and so on. Both options can be comfortable, depending on many factors. For example, the first option is suitable for a small company with a modest turnover. There will not be so many documents that can always be found without problems in the same dark corner. But the second indicated situation is already suitable for serious corporations, which have a great number of employees and are simply obliged somehow not to drown in the document circulation. The general rule, which distinguishes the storage of contracts in the organization of any form of ownership, is the time of transfer to the archive. As a rule, employees are required to send documents not earlier than a certain period, regardless of when they actually expired. And usually this archiving occurs at the beginning of the year. That is, even if the contract ended in February, you still have to wait for the next year to put it in storage.

Destruction

As already mentioned above, it is simply impossible to destroy the contract. First you need to make sure that you really went through the right time. Only then can you destroy this document. But these actions can often be dangerous due to their consequences, which is why most employees prefer to commit them only and exclusively with the sanction of the leadership. It looks like this: the employee collects a sample from all the documentation, the term of which has already been issued or is coming to an end. Storage of contracts at the enterprise should preferably be arranged so that this sampling procedure does not take much time. Then, based on the list received, a report is produced to the management, the document is signed, filed, and only when all this is done, begins the process of direct destruction of contracts and other similar securities. Keeping contracts in the archive on an ongoing basis is not the best solution, especially since some companies even manage to earn a little by this, giving them to trash and so on.

Example of accounting and storage system

In order to better understand all the features and main points of activity, one can cite a comparatively simple example of organization of records management. So, there is an employee, usually someone from the accounting department, who is responsible for storing contracts with counterparties or any other similar securities. He has a separate folder, where they are all constantly, while they are working. As the contract closes, it is moved to another folder. It will be convenient to create a special register in electronic form, where all the specified documents will be listed in order with the indication of the storage period. But in the beginning, this period should be determined. It is best to run through the folder to all departments, which to some extent deal with contracts, in order to better understand their essence. As the experience accumulates, the need for such actions will disappear. Then, when it is clearly understood what exactly each of the documents represents, it specifies the specific period of its storage. In some cases, it will be more convenient to indicate the closing date of the contract and, adding to it 5 years (or more), determine exactly when the paper can be destroyed. In fact, even at the very beginning of the organization of this issue, the procedure is not particularly complicated, and in the long run it will be more and more simplified. When the storage of contracts in organizations whose deadline has already been approved will be standardized, the whole process will take just a few minutes. And now the year has come when it is possible to destroy certain documents. They are withdrawn from the folder, rechecked for possible errors and, along with a list of these papers, are submitted for review by the head. He, in turn, should once again check whether everything is really as indicated in the list, since it is the boss who will remain guilty in case of problems. If everything is right, the manager signs a permit for destruction and here everyone comes as far as his own understanding. Someone just vomits and throws away. Others use shredder. Others give it to waste paper, they burn it and so on.

When the shelf life begins

This is a very important question, since it is with him that a lot of mistakes arise. The storage of contracts at an enterprise RB or RF in this case is exactly the same and begins at the moment when a new year begins, in which a specific document no longer operates. For example, there is a treaty that ended on July 15, 2010. It must be saved for 5 years, but it can be destroyed not on July 15, 2015, but in early 2016. That is, the report went from 01.01.2011, and not from the seventh month of the previous year. Usually, with the goal in general to minimize the chance of an error, one year is added to the previously defined deadline. And only after it passes, the procedure of destruction begins.

Features of storage

In general, there are special recommendations on how the archive should look and work. Ideally, storage of contracts on liability, settlements with counteragents, employment contracts and similar documentation should take place in a ventilated and dry room. At the same time, the papers themselves are located on shelves (open or closed). If they are related to strict reporting forms or documents classified as "trade secrets", then special safes must be present. In principle, no one checks this moment, because these are the recommendations, which are beneficial to the enterprise itself. The essence is very simple: if the system itself is not penalized, then for lack of those papers that must be, often punished. And if there is a flood, or documents will be destroyed by any other similar way, then only the concrete enterprise will be to blame.

Responsibility and executors

The main and primary responsibility for everything that is included in the storage of contracts is borne by the head of the organization. It is he who, in the presence of problems, will be responsible to the state and experience all possible problems. Further, following after him, usually there is a chief accountant, a lawyer and that employee who is responsible for the preservation of documents. But usually all these persons are punished already by the leader in the measure of their mistakes. In fact, in most of the relatively small organizations, the contractual control system is assigned to accounting. And already in this department the chief accountant appoints, either independently or through a general vote, a specific responsible person. In some cases, this person receives a small increase in wages, which should compensate for the additional amount of work, but most often, the last item is simply ignored, based on lack of funds or other similar factors. In more rare cases, the lawyer is responsible for the preservation of documents in general and contracts in particular. But this is not very convenient, because this person can only answer for the contract, and with the rest of the papers he is usually familiar only superficially. It is most convenient when there is an individual who is dealing with this particular problem. It will be as accurate as possible and will not make minor unpleasant mistakes, as other employees can do.

The result

Storage of contracts in the organization is carried out on the principle of full compliance with all norms of law. This is a prerequisite that can eliminate all problems from the company. In this case, small nuances, internal regulations, registers and related documentation may differ from firm to firm. The chief person in charge is the supervisor, but he can transfer this to another person. This will facilitate the work of management, but will not remove from it the whole depth of responsibility for possible errors. That is, the employee who is entrusted to work with archival documentation should be as responsible as possible and clearly understand his functions, receiving real money for it, not verbal gratitude, as is usually the case with increasing the load without compensating it with additional means to pay.