Changes in the composition of the board of a LLC (SIA)
5. Parental leave
Before taking leave, a Member of the board of directors shall submit to the society, but if there is one Member of the board of directors – to the members, a notification regarding taking of leave. The notification shall be submitted within a reasonable time period and the notification regarding the taking of parental leave - not later than one month before the day of commencement of the leave. The notification shall specify the type, duration and start and end dates of the leave, and shall be accompanied by supporting documents. During the period of leave, the mandate of a Member of the Management Board shall be suspended with effect from the day of commencement of the leave.
Within three working days after the day of commencement of the leave of a Member of the board of directors, the company shall submit an application to the Enterprise Register regarding changes in the composition of the board of directors, appending a statement of the Member of the board of directors regarding the utilisation of the leave. If the company does not submit an application for changes to the board of directors, the relevant application together with the notification shall be entitled to be submitted by the Member of the board of directors himself, confirming in the application that the notice regarding the taking of leave has been submitted to the company.
A Member of the board of directors shall inform the public regarding his or her return from leave or, if there is one Member of the board of directors in the company, participants, by submitting a notification regarding his or her return from leave, not later than 14 days in advance. If the leave is less than a month, one joint statement on the use and return of the leave may be submitted. The company shall submit an application regarding changes in the composition of the board of directors and a notification of the Member of the board of directors regarding return from leave within three working days after the day of renewal of the term of office of the Member of the board of directors. If the company does not submit an application for changes to the board of directors, the relevant application together with the notification shall be entitled to be submitted by the Member of the board of directors himself, confirming in the application that the notice of return from leave has been submitted to the company.
If a Member of the board of directors does not submit a notification regarding return from leave within the specified time period, he or she shall be deemed to leave the position on the last day of leave. In such a case, the company must submit an application for changes to the composition of the board of directors to the Enterprise Register.
The meeting of shareholders has the right to elect another Member of the board of directors, whose mandate ends when a Member of the board returns from special leave, during the absence of a Member of the board of directors who is on parental leave. A private limited liability company must comply with the condition that only a Member of the company may be elected as a Member of the board of directors. In such case the company shall submit an application to the Enterprise Register regarding changes in the composition of the board of directors, both upon commencement of the performance of the duties of the Member of the board of directors and upon termination of his or her powers (at the end of the mandate, as the Member of the board on leave returns from leave, there is no need to take a decision by the meeting of Members to remove the Member from office).