Here you can view and download a template for a service agreement in a format convenient for you. Remember that you can always get our legal assistance, including in filling out this form, by contacting us at the numbers indicated on the website.
Under a contract for the provision of services for a fee, the performer undertakes to provide services on the instructions of the customer (to perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
The contract for the provision of compensated services is consensual, bilateral and compensated.
The subjects of the contract for the provision of paid services are the contractor (service provider) and the customer (service recipient). The Civil Code does not contain any special requirements for the subject composition of the obligation to provide paid services. However, for the provision of certain types of services, special rules are established. So, the activities for the provision of communication services, audit, medical and some others are subject to mandatory licensing.
New sample of 2020
SERVICE AGREEMENT
_________________ "___" __________ 20__
________________________________
(name of organization or full name)
acting on the basis of _____________________________________________, hereinafter referred to as the "Customer", and __________________________________,
(company name or full name)
acting on the basis of _____________________________________________,
(charter, regulations, power of attorney)
hereinafter referred to as the "Contractor", have entered into this agreement as follows.
1. The Subject of the Agreement
1.1. Under the contract for the provision of paid services, the Contractor undertakes to provide the Customer with the services specified in clause 1.2 of this contract, and the Customer undertakes to pay for the ordered services.
1.2. The Contractor undertakes to provide the following services:
__________________________________,
__________________________________,
__________________________________.
hereinafter referred to as "Services".
1.3. The term of work execution is from "__" ______ 20 __ to "__" ______ 20 _. The Contractor has the right to complete the work ahead of schedule.
1.4. The Services are considered rendered after the signing of the acceptance certificate for the Services by the Customer or his authorized representative.
2. Rights and Obligations of the parties
2.1. The Contractor undertakes:
2.1.1. Provide services of adequate quality.
2.1.2. Provide the Services in full and within the time period specified in clause 1.3. actual agreement.
2.1.3. At the request of the Customer, free of charge to correct all the identified deficiencies, within ____ days.
2.1.4. The contractor is obliged to carry out the work personally.
2.2. The customer is obliged:
2.2.1. The customer is obliged to pay for the work at the price specified in clause 3 of this contract within _____ days from the date of signing the acceptance certificate for the Services.
2.3. The customer has the right:
2.3.1. At any time, check the progress and quality of the work performed by the Contractor, without interfering with his activities.
2.3.2. To refuse to execute the contract at any time before the signing of the act, having paid to the Contractor a part of the established price in proportion to the part of the Services provided, performed before receiving a notice of the Customer's refusal to perform the contract.
3. Contract price and settlement procedure
3.1. The price of this agreement consists of remuneration to the Contractor in the amount of _________ (____________) rubles. And the amount of the Contractor's costs in the amount of _________ (____________) rubles.
3.2. The price of this agreement is: _________________________ rubles.
3.3. Payment by the Customer to the Contractor of the contract price is carried out by transferring funds to the account of the Contractor specified in this contract.
4. Responsibilities of the parties
4.1. For violation of the term for the provision of the Services specified in clause 1.3 of this agreement, the Contractor shall pay the Customer a fine in the amount of ___% of the amount of the contract and a penalty at the rate of ___% of the amount of the contract for each day of delay.
4.2. The parties' liability measures not provided for in this agreement are applied in accordance with the norms of civil legislation in force on the territory of Russia.
4.3. The payment of the penalty does not relieve the Contractor from the execution of those lying on it.
obligations or elimination of violations.
5. Procedure for resolving disputes
5.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties.
5.2. If it is impossible to resolve disputes through negotiations, the parties, after the implementation of the procedure for pre-trial settlement of disagreements provided for by law, shall submit them for consideration in the ________________ court.
6. Final provisions
6.1. Any changes and additions to this agreement are valid only provided that they are made in writing and signed by authorized representatives of the parties. Appendices to this agreement form an integral part of it.
6.2. This agreement is made in two copies in Russian. Both copies are identical and equally valid. Each of the parties has one copy of this agreement.
Addresses, details and signatures of the parties.
Customer executive:
_____________________________ _______________________________
_____________________________ _______________________________
_____________________________ _______________________________
_____________________________ _______________________________
_____________/________________/ ________________/_______________/
If the cooperation between the employer and the employee is supposed to be permanent or on a more or less long-term basis, then an employment contract is concluded to formalize it. But if the employer is more interested in the result than in the process of cooperation, besides, the interaction is planned one-time, then the relationship turns into a civil-legal plane: a work contract is signed.
Work contract with an individual
A contract with an individual is an extremely convenient form of cooperation, especially for an employer. All responsibility that the employer bears to the employee is limited only by the scope of the contract. Use it by downloading from the links below:
Files
Contract agreement between legal entities
This type of agreement is also not uncommon between legal entities. Compared to a similar agreement concluded with an individual, it has a number of features, which, among other things, will be discussed below. In the meantime, save the files, they will definitely come in handy:
Files
Building on the Law
An agreement according to which the customer (employer) gives the contractor (employee) a certain task with the subsequent payment of the result, is work agreement.
The provisions that govern this type of relationship are enshrined not in the Labor Code, but in the Civil Law Code (Ch. 37-38 of the Civil Code of the Russian Federation). In addition, specialized legal acts are applicable to certain types of contracts, such as consumer protection, federal laws relating to architectural, investment activities, etc.
Contract with character
Features and differences of the work contract from other types of coordination documents:
- Conscientiousness... The work contract was concluded from the moment the parties agreed on the conditions and sealed the promise to fulfill them with signatures. No more additional steps are required to start the contract.
- Mutual responsibility... Both parties are legally equal. The basis of agreements of this type is the initial mutual trust and good conscience.
- Retribution... Both parties, having fulfilled the contract, receive a certain profit.
- Severability of an item... If the result obtained can be divided into several equal independent parts, the subject of the contract is considered divisible. An indivisible object implies the singularity of the result of the contractor's actions.
Construction contracts can be different, most often the following are concluded:
- building;
- domestic;
- project;
- municipal or state;
- for scientific research.
A work contract is in many ways similar to other obligations, which provide for the implementation of certain actions, but it has many unique features that make such a document a separate form of agreements.
| № | Type of contract | Similarity to a work contract | Difference | |
|---|---|---|---|---|
| Another contract | Work agreement | |||
| 1 | Contract of sale | A thing (material object) is transferred under the contract | You can transfer not only objects, but also rights, real estate, property complexes, as well as energy | Only things (created or transformed) can be transferred |
| Only the transfer of the subject of the contract is regulated | The process of making or transforming a thing is regulated | |||
| Subjects of the contract - Things with generic characteristics | Subjects of the contract are individually defined | |||
| 2 | Service agreement | The contractor performs certain actions as requested by the customer | The activity may not have a materialized result (training, treatment, etc.) | Only the material result of activities |
| 3 | Labor contract | You can conclude one instead of the other, only with different legal consequences | Internal labor schedule of the team | The organization of the contractor's work does not matter |
| Guaranteed salary regardless of work results | Payment upon delivery of the result | |||
| Standardized working day | Final deadlines matter | |||
| Material base of the employer | The funds for production belong to the contractor | |||
| Social benefits (vacation, sick leave, pension) | Absent | |||
| What the employee creates belongs to the employer | Before the transfer, the owner of the thing is the contractor | |||
View from different angles
The parties to the work contract 2: customer and contractor... They can be both individuals and legal entities, as well as individual entrepreneurs (in any combination with each other).
The law does not prohibit attracting additional performers - subcontractors... Then the first contractor will act as the general, responsible to the customer, while the subcontractors are already responsible to him. If the subject of the contract is divisible, each subcontractor is responsible for its share. In case of indivisibility, the responsibility of subcontractors is joint and several.
REFERENCE! The relationship between the general contractor and subcontractors is regulated by a separate document - the subcontract agreement.
Without which there will be no contract
In a work contract, the essential elements include the subject of the contract and the terms of performance. Another element that does not affect materiality is the price, sometimes prepared as an estimate. Let's take a closer look at these elements.
What subject are we talking about?
A work contract implies a certain subject - the result for which the contract was concluded. The achieved result must be material, separable from both sides. In addition, it should be possible to guarantee the quality of the result; it should depend on objective factors.
FOR EXAMPLE: the quality of the built foundation for the house depends on the materials used, comply with certain SNiPs, GOSTs and have a warranty period (that is, the foundation must last a certain period). But an English course, even if taught by the very best teachers using certified manuals, will not necessarily be mastered by the listeners. Therefore, the latter cannot be the subject of a work contract, unlike the former.
So, the subject of a work contract can only be a thing or a property of this thing:
- a newly created material item (for example, a made table);
- a new property of an already finished item (for example, an improved or repaired device);
- another result that has materiality (for example, developed documentation).
Timeline
The terms prescribed in the text are significant - without them, the work contract will not be valid. It is necessary to mark the start and end dates of the work. Installation of intermediate stages is allowed, especially in long-term contracts. Meeting the allotted time is a contractor's problem. But, if it is stipulated by the conditions, the dates can be moved on the initiative of both parties.
Speedy performance of the contract than indicated is at the discretion of the contractor. If the contract contains a clause on urgency, advance payment will be paid additionally.
IMPORTANT! When the customer sees that the contractor will definitely not meet the deadlines due to a late start or insufficient pace of work, let’s say the cancellation of the contract and a claim for damages.
The other side also has the right to be paid for labor results on time. If the customer is delaying the acceptance of the work, avoiding contacts with the contractor, then the latter has the right, having informed the customer twice, a month after the expiration of the deadline, to sell the result of his labor, taking the due amount and sending the rest of the amount to the customer's account.
Everything has a price
For work contracts, cost is not a prerequisite. Instead of putting down numbers, you can indicate how the remuneration is set: usually it is labor costs plus wages. The price can be omitted: in this case, the calculation is carried out at similar prices for similar works.
FOR YOUR INFORMATION! The price is not necessarily fixed in monetary terms: by agreement, a certain service may be provided to the contractor or some property may be transferred.
If the contract is voluminous, long-term and involving different types of work, it is more logical to draw up the cost with an estimate. Any party can compose it. If the parties have not decided on the approximation of the estimate, it is considered as firm by default - that is, it is unacceptable to deviate from its provisions in the direction of exceeding.
NOTE! A contractor who has exceeded the firm estimate may receive a refusal from further cooperation (with compensation for the part of the work completed). But if the overspending is associated with objective reasons, for example, an increase in the cost of consumables, the contractor has the same rights (Article 451 of the Civil Code of the Russian Federation).
I have rights, but I also have to
The contractor is obliged:
- comply with the contractual deadlines and estimates;
- to use their forces, means and materials for work, unless otherwise specified in the contract, while guaranteeing the proper quality of tools, equipment and materials;
- perform the work with high quality (if the standards and terms of the guarantee are not spelled out in the contract, then the usual requirements for this category of items apply);
- inform the customer about all circumstances that may affect the result (change in the quality of materials, deadlines, estimates), suspending work until the customer clarifies the situation.
What can the contractor wait for:
- refusal of the customer and recovery of compensation;
- if the quality is lower than the required one - refusal, demand for replacement of the subject of the contract, correction of deficiencies, price reduction, reimbursement of expenses for correction;
- if the contractor did not promptly inform the customer about the changed circumstances and continued the execution without approval, then the reference to these circumstances will not be taken into account.
The customer is obliged:
- in the case when the contract provides for a change in the quality of the thing, then the subject of the contract must be provided in a timely manner and in proper condition;
- if the security lies with the customer, then everything necessary must also be provided on time;
- timely respond to requests from the contractor;
- timely accept the work according to the acceptance procedure;
- make a payment.
What does the customer risk:
- compensation to the contractor in case of unilateral refusal to work;
- suspension of work without timely provision (if agreed);
- postponing or increasing the cost of work (if there are problems with facilitating work);
- without checking the quality during the transfer, appeal to the obvious shortcomings of the work.
We accept the finished result
The paper that records the performance of the work by the contractor and the satisfaction of the customer with it is called the act of acceptance of the work performed. It is mandatory only for construction contracts (clause 4, article 753 of the Civil Code), but is also used in other agreements. This document can serve as evidence in case of litigation. Features of the content of the act are recorded in the work contract and annexes:
- the form of the contract (not legally defined);
- the procedure for signing by the parties;
- terms of signing;
- persons authorized to sign;
- responsibility of the parties for non-signing.
Manual for concluding a work contract
The form of a work contract is not legally fixed, but civil practice has developed the most universal type of contracts of this type. The most important thing is to reach an agreement on all points, especially significant ones: it is then that the agreement will be considered concluded (clause 1 of article 432 of the Civil Code of the Russian Federation). The first thing that needs to be done when concluding a work contract is to carefully work out the content, correctly formulating the main provisions. Let's go through all the stages of drawing up such an agreement.
- Preamble wording... It is necessary to provide the full names of the parties to the agreement: indicate the details of legal entities and individual entrepreneurs, provide passport data of individuals.
- Subject of the contract... In the next paragraph, it is necessary to state what the customer's task is. For details, you can refer to the annexes to the contract, where all the necessary qualities will be discussed in detail.
- Terms of the contract... Specify specific dates for the start and completion of work, if necessary - intermediate dates.
- Money matters... It is necessary to indicate the price of the work (in monetary or other equivalent), if an estimate is provided, agree on it and make a note about the permissibility of the excess (hardness). At this point, it is desirable to stipulate the terms of calculation and the procedure for payments under the agreement, the possibility of an advance payment, etc.
- Obligations and responsibilities of the parties... Despite the general acceptance of many norms, it is better to set them down as specific as possible, stipulating responsibility in case of default.
- Production... In this section, it is worth clarifying the order of compliance with the requirements in the production of work and the control of the customer over the implementation process.
- Delivery and acceptance of works... It is necessary to provide for the conditions under which the transfer of the subject of the contract will take place, and especially the drawing up of an appropriate separate document about this - an act of acceptance and transfer. In this paragraph, it is also necessary to indicate the terms of signing the act after the end of the work.
- Guarantees... Here sureties and guarantees under the contract are prescribed, the possible risks of the contractor and the customer.
- Termination procedure and conditions it is better to clarify in a separate paragraph.
Don't make mistakes:
- correctly qualify the work contract from other types of contractual relations;
- determine on which legal norms the contract is based;
- write down in as much detail as possible all the subjective aspects of the contract;
- pay special attention to the essential terms of the contract - the subject matter and terms (indicate them without fail and define them correctly);
- Clauses 8 and 9 are very important, although they are not mandatory, it is better not to neglect them, since the incompleteness of the conditions on the quality and distribution of risks, liability for violation of the conditions can bring serious losses to both parties.
Manual for drawing up an acceptance certificate
Clause 1 of Article 720 of the Civil Code states that the inspection of the work result and its acceptance must be carried out by the customer in the presence of the contractor, at the same time they sign the corresponding act. In order for the procedure to go through without unnecessary difficulties, you need to pay attention to the competent drawing up of the document. We provide step-by-step instructions.
- Name... The document is called "Act of acceptance of works", then you need to indicate which ones, as well as provide the details of the corresponding work contract.
- Date of preparation... It may differ from the final date for the completion of the work specified in the work contract. It is better to agree on the date of acceptance and transfer in the text of the agreement separately.
- Details of the parties... Names and details of legal entities, full names of individuals.
- Job details... Information about the type, volume and timing of the contract.
- Calculations... Indication of the amount of monetary or other measurement of the payment to the contractor.
- Signatures... Persons who have completed the act of acceptance and transfer of works or authorized to do so by the customer and the contractor, indicating their positions, surnames and initials.
- Seal... Not provided by law, but it is a custom of business turnover, there is more that it contains the details of the customer.
IMPORTANT! If the act does not contain at least one of the listed items, it may be invalidated.
And if the work is not satisfactory?
If deficiencies are identified in the process of accepting the work, the customer can include them in the act (clause 2 of article 720 of the Civil Code). If it is technically difficult (for example, such a section or column is not provided), the act should not be signed. The reasons for refusing to sign - the detection of defects - must be stated in a separate document that is sent or handed over to the contractor.
If the shortcomings are latent and came to light only during the operation of the subject of the contract handed over, the customer has the right to declare them within the period established by law.
The signed acceptance certificate deprives the customer of the opportunity to declare obvious deficiencies.
on the provision of legal services represented by a person acting on the basis, hereinafter referred to as " Executor", On the one hand, and gr. , passport: series, number, issued, residing at the address:, hereinafter referred to as " Customer", On the other hand, hereinafter referred to as the" Parties ", have entered into this agreement, hereinafter" Contract", About the following:1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor, on the instructions of the Customer, undertakes to provide legal services in the amount and on the conditions stipulated in the Appendix to the Agreement, and the Customer undertakes to accept the services and pay the amount specified in the Agreement.
1.2. The name, terms of rendering services, other conditions are indicated in the Appendix to the Agreement (hereinafter referred to as the Customer's assignment), which is its integral part.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The customer has the right:
2.1.1. Receive information about the progress of the provision of services by the Contractor by any legal means;
2.1.2. Take personal part in the process of providing services;
2.1.3. Receive originals and copies of documents obtained by the Contractor in the process of providing services;
2.2. The customer is obliged:
2.2.1. Provide the Contractor with the documentation necessary for the provision of services in full;
2.2.2. Provide the Contractor with reliable information necessary and sufficient for the provision of services;
2.2.3. If necessary, provide the Contractor with the issuance of appropriate powers of attorney;
2.2.4. During the term of the Agreement, do not take any actions (personally or through intermediaries) related to the provision of services, without the consent of the Contractor;
2.2.5. Inform the Contractor about changes in circumstances related to the subject of the Agreement;
2.2.6. Refuse to perform services provided that the Contractor is paid for the actual costs incurred;
2.2.7. Pay for the services of the Contractor in the amount and within the time frames stipulated by the Agreement / assignment of the Customer;
2.2.8. In some cases, pay other expenses (state duties, taxes, travel, accommodation, etc.) necessary for the execution of the Agreement;
2.2.9. Reimburse the Contractor for the expenses incurred by him when making payments (state duties, taxes, etc.) in the interests of the Customer using the Contractor's funds within calendar days from the moment the Contractor presents supporting documents (receipt, cashier's receipt, ticket, payment order, etc.) ...
2.3. The contractor has the right:
2.3.1. Provide services due to the assignment of the Customer, both personally and with the involvement of third parties without written approval from the Customer;
2.3.2. Pay other expenses (state duties, taxes, travel, accommodation, etc.) necessary for the execution of the Agreement.
2.4. The contractor is obliged:
2.4.1. Provide services with high quality, on time and in full;
2.4.2. Not to transfer or show to third parties the documentation of the Customer that is in the possession of the Contractor;
2.4.3. In case of loss of the original documents received from the Customer, restore them at your own expense;
2.4.4. Use legal methods and means in the provision of services;
2.4.5. Notify the Customer about the circumstances that prevent the timely provision of services.
3. COST OF SERVICES AND PAYMENT PROCEDURE
3.1. The cost of services is agreed upon in the Customer's assignment. The cost of services is not subject to VAT on the basis of clause 2 of article 346.11 of the Tax Code of the Russian Federation.
3.2. Payment for services is carried out by transferring funds by the Customer to the settlement account of the Contractor.
3.3. The Contractor begins to provide services on the day of signing the Agreement, subject to the Customer's 100% prepayment of the cost of services, unless otherwise specified in the Customer's assignment.
4. ORDER OF ACCEPTANCE OF SERVICES
4.1. Upon completion of the provision of services, the Parties sign the Acceptance Certificate for the services rendered.
4.2. The services are considered to be rendered by the Contractor properly after the Parties have signed the Acceptance Certificate for the services rendered.
4.3. The Customer signs the Delivery and Acceptance Certificate of the services rendered no later than working days from the date of its receipt or sends the Contractor a reasoned refusal to sign it.
5. RESPONSIBILITY OF THE PARTIES
5.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations under the Agreement in accordance with the legislation of the Russian Federation.
5.2. The Customer is responsible to the Contractor for the timely provision of the Contractor with documents that enable the Contractor to execute the Agreement.
5.3. The Contractor is liable to the Customer for the loss of the transferred original documents. In case of loss, the Contractor is obliged to restore them at his own expense.
5.4. For a delay in the provision of services / payment for services (except for 100% prepayment), the guilty Party shall pay the other Party a penalty in the amount of% of the cost of the delayed service / unpaid amount for each day of delay.
6. CONFIDENTIALITY
6.1. The Parties undertake to maintain confidentiality in relation to the information contained in the Agreement, annexes and addenda to it.
6.2. The Contractor has the right to use the information received during the execution of the Agreement at his own discretion, when such use does not cause any damage to the property or personality of the Customer.
6.3. The confidentiality obligation does not apply to public information.
7. DISPUTE RESOLUTION
7.1. Disputes arising between the Parties are resolved through negotiations.
7.2. If the Parties do not come to an agreement during the negotiations, disputes between them are subject to resolution in court at the location of the Respondent.
7.3. The claim procedure for the pre-trial settlement of disputes from the Agreement is mandatory for the Parties.
8. PROCEDURE FOR CONCLUSION, AMENDMENT AND TERMINATION OF THE AGREEMENT
8.1. The agreement comes into force from the moment it is signed by the Parties and is valid until the Parties fully fulfill their obligations under the agreement.
8.2. All changes and additions to this agreement will be valid only if they are made in writing and signed by authorized representatives of both Parties.
8.3. In all other respects that are not provided for by the Agreement, the Parties are guided by the current legislation of the Russian Federation.
8.4. All annexes and additions to this agreement signed by both Parties are its integral part.
8.5. The Agreement has been drawn up in two copies with equal legal force, one for each of the Parties.
9. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Executor Yur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account: BIK:
Customer Registration: Postal address: Passport series: Number: Issued by: By: Phone:
10. SIGNATURES OF THE PARTIES
Contractor _________________
Customer _________________
To receive RU-CENTER services, you need. This can be done in advance or in the process of ordering services.
After filling in the data, the questionnaire will be assigned a unique number - the contract number (for example: 1234567 / NIC-D).
The contract number is a login to access, in which you can manage services and contact information. You specify the password for your personal account during registration.
After filling out the questionnaire and receiving the number, you can conclude an agreement by accepting an offer (by performing actions that are acceptance) or by signing a document by both parties.
Conclusion of a contract by acceptance of an offer
RU-CENTER provides services on the basis of an agreement with the terms of which you agree when ordering and
The agreement with the data from your profile is available for review in the section → Agreement → Text of the agreement.
The acceptance of the contract is the receipt of funds to the personal account. The funds are credited to the personal account of the agreement after they are received on the RU-CENTER current account and upon receipt from the bank of confirming payment documents identifying the payment.
The acceptance of the agreement is also the receipt of RU-CENTER:
Service / domain transfer letters drawn up;
a request to transfer or receive services / domains;
notifications about the acceptance of services / domains.
Conclusion of an agreement by signing by the parties
Step 1. Print out the text of the agreement.
The agreement with the data from your questionnaire is available for printing in the section → Agreement → Text of the agreement.
If you printed the text of the agreement from the site without authorization in your personal account, fill in the fields: contract number assigned during registration (questionnaire number); the name of the customer organization; position and full name of the person who concludes the contract on behalf of the Customer (Director, General Director, Rector, Chairman of the Management Board); address and location; TIN; Contact details; signature and decryption of signature. Place a stamp (if available). If the organization does not have a seal, it is necessary to attach a copy of the charter to confirm information about the absence of a seal in the organization.
Step 2. Execute from your side (from the Customer) two copies of the contract.
The date of the agreement is put down by a RU-CENTER employee.
Documents with facsimile signatures and seals not accepted.
Annexes to the agreement (regulations) are signed only at your request. In accordance with the agreement, they are modifiable documents, their current versions are presented.
If the contract is signed by a trusted person who is not the head of the organization, then on the first sheet of the agreement the position, surname, name, patronymic of this authorized person must be indicated, as well as a link to a document confirming his authority to conclude this agreement (for example: "based on power of attorney No. ______ dated _______", or "based on order No. _____ dated ______ "). In this case, the signature of the authorized person must be at the end of the contract. The name, address and location, TIN of a legal entity must completely match the information contained about this organization in the RU-CENTER database. If necessary, you need to correct the information in the database.
If the agreement is concluded by a branch (another separate subdivision) of an organization that is not an independent legal entity, the first sheet of the agreement is filled in, for example, as follows: branch and power of attorney No. _____ ""). The last page of the agreement must be signed by the head of the branch and the stamp of the branch (if any). If the branch does not have a seal, it is necessary to attach a copy of the regulations on the branch to confirm the information about the absence of a seal.
Step 3. Attach additional documents to the contract.
Two copies of the agreement must be accompanied by a copy of the certificate (sheet) on making an entry on the state registration of a legal entity in the Unified State Register of Legal Entities (USRLE), containing the Primary State Registration Number (OGRN).
If the contract is signed by power of attorney, attach to the agreement: a copy of the document confirming the powers of the person who signed the agreement: an order of the head of the organization on the right to conclude an agreement by this person, or a power of attorney for the right to conclude an agreement by this person.
Pay attention to the validity period of the power of attorney.
If the order of the head of the organization is provided, it must contain a reference to the fact that the authorized person is familiar with the text of the order, and the signature of the specified person must be present.
If the contract is concluded by a branch (other separate subdivision) of the organization, attach to the agreement: a copy of the certificate of state registration of the parent organization, a copy of the Branch Regulations (title page, general provisions, those pages where the branch's powers in terms of concluding agreements are spelled out) and a power of attorney for the head of the branch (the right to sign the agreement).
If the contract is concluded by a Representative Office (branch) of a foreign organization, attach to the agreement: a copy of the Certificate of entry into the state register of accredited branches, representative offices of foreign legal entities; a copy of the RF CCI Permit; a copy of the Power of Attorney for the Head of the representative office (branch); a copy of the Certificate of Tax Registration.
Step 4. Send two completed copies of the agreement and additional documents to RU-CENTER.
A package of documents can be sent by mail to the address: 123308, Russian Federation, Moscow, st. 3rd Horoshevskaya, 2, building 1, Regional Network Information Center (JSC "RSITS"). Or bring it to the RU-CENTER office: Moscow, 3rd Horoshevskaya street, house 2, building 1.
Step 5. Receive a signed copy of the agreement.
After receiving the agreement, RU-CENTER draws up both copies from its side and returns one copy of the agreement to the Customer.
If the contract was received by mail, then after its registration one copy will be sent to the mailing address indicated in the application form when registering on the site.
An important point in the implementation of the activities of an individual entrepreneur is the correctness in the design and filling out of various documents.
This article will consider the features of drafting contracts between an individual entrepreneur and an LLC. A sample of a contract between an individual entrepreneur and an LLC is presented to the attention of visitors.
What is a contract?
An agreement is a legal document containing a description of the relationship between the parties, the beginning, modification and termination of rights (or obligations) that are regulated at the legislative level. A more detailed description of the term "contract" is covered by the Civil Code of the Russian Federation (Article 420).
The agreement can be attributed to the most common type of documents.
A contract in writing must be concluded by a legal entity, regardless of who the 2nd party is - an organization or a citizen. If agreed orally, in accordance with Art. 162 of the Civil Code of the Russian Federation, you do not have the right to refer to the confirmation of the transaction and its terms on the evidence. But at the same time, you can provide written and other evidence confirming the transaction concluded orally. Those. failure to conclude an agreement in writing may complicate the situation arising from non-fulfillment by the parties of the agreements.
Only correctly drawn up contracts do not contradict the legislation of the Russian Federation and fully reflect the mutual interests of the parties.
LIST OF DOCUMENTS REQUIRED FOR CONCLUSION OF AGREEMENT
According to Article 421 of the Civil Code of the Russian Federation, the choice of a business partner is a free choice of each of the participants in the transaction. Recently, however, tax authorities and courts have applied the concept of “failure to exercise due diligence” to investigate an unjustified tax benefit. Also, lack of discretion in choosing a counterparty can lead to the following negative points:
- violation or non-fulfillment of contractual obligations by the counterparty;
- impossibility of real compensation for losses;
- increased risk of on-site inspection.
As a consequence, this can lead to additional taxes and fines from the Federal Tax Service Inspectorate.
Therefore, it is very important to check the partner for his reliability before concluding a contract. To do this, if your counterparty is an LLC, then he must provide you with the following documents:
- LLC Charter;
- certificates of state registration and certificate of registration with the tax authority;
- extract from the Unified State Register of Legal Entities;
- protocol (decision) on the appointment of the head;
- lease agreement or certificate of ownership, as confirmation that the counterparty is located at this legal address;
- power of attorney if the contract is not signed by the manager;
- certificate of opening a bank account;
- accounting statements.
The individual entrepreneur, in turn, must provide such documents as:
- certificate of registration with the tax authority;
- certificate of state registration of individual entrepreneurs; ***
- extract from EGRIP;
- passport and its photocopy;
- a document confirming the legality of being at the legal and actual addresses - a certificate of ownership or a lease agreement;
- power of attorney, if the Agreement is signed by another person, and not the individual entrepreneur himself.
*** - Since 2017, registration certificates for individual entrepreneurs have not been issued, but those individual entrepreneurs who were registered before 2017 have the right to use these certificates and refer to them when concluding an agreement. Since 2017, when registering an individual entrepreneur, the tax inspectorate issues an extract from the USRIP, the number and date of issue of which fits into the preamble to the agreement.
In order for the upcoming transaction to be safe, you can independently obtain information about the counterparty using the link. This is a FTS service that allows an organization or individual entrepreneur to receive an extract from the Unified State Register of Legal Entities or the Unified State Register of Legal Entities about the required individual entrepreneur or LLC.
Which parties can conclude an IP contract with an LLC?
The parties to the contract can be:
- individuals;
- legal entities;
- municipal structures;
- international organizations;
- legal structures (state).
According to the legislation, an individual entrepreneur has the right to conclude contracts with various parties, that is, the second party can be an individual entrepreneur, a legal entity, and even the state.
Considering that the individual entrepreneur is actually an individual, but, nevertheless, he participates in the concluded transactions as a legal entity and bears full responsibility for them.
What sections does a standard contract consist of?
The following sections are mandatory components of a standard contract:
- Preamble (or introductory part). This section contains information about the name, date, place of compilation, names of the parties, concluding parties, full names of persons (authorized to sign the document).
- Subject of the agreement (main section). This section focuses on the specific intentions of the parties to the contract. It contains information about the object of the transaction (for example, the sale of something>) and a description of the subject of the contract.
- Rights and obligations of the parties.
- The amount and method of payment for services. This section describes the procedure and form of mutual settlements.
- Contract time. Terms (or a period of time) for which the parties undertake to fulfill their obligations.
- Additional terms. This part of the contract provides for various specific conditions, which are not binding.
- Responsibility of the parties. This section specifies the sanctions facing the parties in the event that they fail to comply with the conditions and obligations.
- Termination - modification of the contract. This part of the document is devoted to the conditions that allow you to terminate or change the agreement of the parties.
- Final provisions. The section provides for ways to resolve disputes that may arise between the parties.
- Details of the parties. The section contains the following items:
- Name;
- the address;
- bank details of the parties.
Now let us consider which of the types of contracts in the course of their activities an individual entrepreneur can most often face.
By type, contracts are as follows:
Paid provision of services - a type of contract, according to which Party 1 (Contractor) is obliged to Party 2 (Customer) to provide certain services within the time period specified in the document. Party 2 (Customer) is obliged to accept these services and pay for them on time.
purchase and sale - the most common type of contract, according to which Party 1 (Seller) is obliged to transfer to Party 2 (Buyer) the item (or property). The buyer under the contract undertakes to accept this item and pay within the period specified in the document.
contract - a type of contract, according to which Party 1 (Contractor) undertakes to perform any type of work for Party 2 (Customer) (for example, to manufacture something or rework) within a certain period of time and hand over the finished work to the Customer. The customer under the contract undertakes to accept the work and pay for it within the time period specified in the document.
lease - a type of agreement, according to which Party 1 (Lessor) is obliged to transfer to Party 2 (Lessee) for a certain amount of any property for a period specified in the document. The Lessee under the contract undertakes to accept this property and pay the rent in favor of the Lessor. If the lease agreement is concluded for a period of more than one year, then registration with Rosreestr will be required, the intermediary of which is the MFC. To conclude such an agreement, you will need to pay a fee.
loan - a type of agreement, according to which Party 1 (Lender) is obliged to transfer to Party 2 (Borrower) any values for the period specified in the document, in a certain quantity and quality. The borrower under the contract undertakes to return these values (in volume and quality, as indicated in the contract).
When concluding any type of contract, the individual entrepreneur has the opportunity from Party 2 (from LLC) to require additional documents. These documents can be:
- Certificate of registration with the tax authority;
- Certificate of state registration;
- Certificate of making an entry in the Unified State Register of Legal Entities.
How to draw up an agreement between an individual entrepreneur and an LLC correctly?
In order for the contract concluded between the individual entrepreneur and the LLC to be correct and competent, certain conditions must be observed:
- Formulate clearly and clearly your requirements, which will have to be fulfilled under the contract;
- try to identify in advance all the "pitfalls" of the agreement and tricks (for example, ambiguous interpretations);
- before signing an important contract, consult with a qualified lawyer who can professionally evaluate the contract and point out any shortcomings or shortcomings that you can correct before signing the document.
An important feature of the execution of an agreement between an individual entrepreneur and an LLC
The duality of the legal status of an individual entrepreneur allows him to conclude and sign contracts with an LLC not only as an individual entrepreneur but also as an individual. Using this legal incident, an entrepreneur may not indicate his IE details and in this case will be liable as an individual (for example, by specifying in the Agreement the current account not of an individual entrepreneur, but of an individual).
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