Agreement between IP and IP. Sample document

Agreement between IP and IP. Sample document
Agreement between IP and IP. Sample document
16.10.2019

An entrepreneur is an ordinary individual. he works based on registration And signs papers on its own behalf, while the powers of a particular legal entity are determined by the Charter of the Organization, and it acts on its behalf. Yul is obliged to point out that it acts according to the charter, but it is not necessary to specify, on the basis of what IP acts at the conclusion of the contract. The entrepreneur is enough to refer to his organizational and legal form.

Features of the status of IP

The status of an individual entrepreneur is assigned to all individuals who have undergone state registration in tax authorities and lead their activities without the formation of a legal entity.

For the status of the IP characteristic some duality. On the one hand, the legal status of a private businessman regulates the rules that apply to individuals. And on the other, the norms of the GC, which apply to commercial organizations. It brings the statuses of IP and Yul.

After registering as an individual entrepreneur, a person retains the rights and obligations of the individuality and acquires a number of additional corresponding to specific status:

Based on what the IP operates

Many businessmen mistakenly assume that the right to conclude their contracts is given a certificate of state registration. But in business IP operates on the basis of the fact of registration in Jarip - Russian register of individual entrepreneurs. And the testimony is only all the documentary confirmation that registration was passed.

Moreover, the phrase "... acting on the basis of the testimony ..." incorrect from the point of view of jurisprudence. And from the first numbers of 2017, newly arrived in the detachment of entrepreneurs instead of this document will issue a list of records from the EGRIP, and the wording "... on the basis of the recording sheet ..." will look even more inappropriate.

The concept of testimony is identically another - OGRNIP - the sequence number in the State Register, assigned at the time of the opening of the IP. Under it, you can find all information about the PI and make sure of its existence, but also it does not give an IP rights, although it is necessary to indicate it in the contract.

The entrepreneur should not refer to any registration documents endowing it with the authority. He acts alone, on his own behalf and is entitled to conclude a contract, simply designating its status and specifying compulsory details.

A confusing wording was invented for legal entities that act on behalf of the whole organization. Their powers are governed by the Charter of this organization, the main purpose of which is the distribution of capital shares, rights, duties between co-founders.

Constituent documentation IP

An individual entrepreneur does not indicate, on the basis of what is valid in the contract, but it is entitled to conclude it only under the condition that he was registered in the IFST and has all the constituent documents. They are a legal basis for the existence of the firm and determine its legal status.

IP has few constituent documents unlike organizations. Here is a complete list:

  • certificate of state registration (issued until 2017);
  • a list of records from EGRIP (IP is issued instead of evidence from 2017);
  • certificate of registration in the IFNS on the A4 sheet;
  • certificate of VAT payer if the businessman elected the case.

Also, the IP should be stored in its accounting:

  • Certificate from statistical bodies with which OKVED codes were assigned;
  • notice of registration in extrabudgetary funds;
  • tax documents (Declaration and others);
  • personnel nomenclature (labor contracts and others);
  • instructions for labor protection and safety;
  • documents on renting a building or premises;
  • and other documents are currently relevant to SP with a special type of activity.

How to enter into contracts

As soon as the IP is registered and will collect the necessary package of documents, he has the right to proceed to the conclusion of transactions and the design of contracts with counterparties. The role of the latter can act as organizations and other IP.

The contract between the two parties may concern the supply of goods, providing services or performing work and must contain all details of both parties, as well as disclose the main points that may arise during the fulfillment of obligations:

  • detailed description of the essence of the agreement;
  • question and payment procedure;
  • responsibility of parties for failure to fulfill obligations.
The signing of important treaties is better to exercise better after consulting a lawyer who will appreciate the document at a professional level and will indicate all its shortcomings and pitfalls on which IP may be stumbled in case of unforeseen circumstances.

What details indicate in contracts

No special forms and forms for making contracts with IP are not provided. Individual regulations governing the procedure for their preparation too. Therefore, each harass draw up an agreement in its own way, based on the general requirements of the GC.

Based on what is the individual entrepreneur, it is not necessary to write in the treaties. This line can be left blank or not to include at all. But if the counterpart is insisting on its fill, you can specify a ogrite, number and date of issuance of a certificate or a list of recording. This will not affect the legality of the agreement.

In mandatory, the organizational and legal form and details of both parties are noted, without this information, the contract will be lost. Alternatively, in the header you can write: "Individual entrepreneur Klyuev Viktor Mikhailovich, Ogrite No. 11111111, referred to as ...". And at the end of the contract details:

  • OGNIP;
  • date assignment of OGRNIP;
  • legal address;
  • checking account;
  • correspondent account;
  • name of the bank;
  • Bika bank;
  • personal signature;
  • print (if any).

If a businessman has a certificate of opening an IP, then it is necessary to specify its number, the date of issue. Persons who are registered since the beginning of 2017, such a document is not received.

Be careful when drawing up a contract, since this is an official document. It is subject to inspection of tax authorities and may appear in court as the main evidence that one Parties did not fulfill its obligations.

If IP hired director

By law, any entrepreneur can hire the director and instruct him a part of his affairs. But so that he can enter into contracts and carry out other actions in the interests of the IP, the general power of attorney is necessary and assured.

The director, unlike IP, should indicate in the contract, on the basis of what it acts. An example of the wording: "Director of Hryakin Mikhail Zuevich, acting in the interests of an individual entrepreneur on the basis of a power of attorney No. 777/77 of 12/15/17 ...".

Even if the director signs a contract instead of a private entrepreneur, it does not bear any responsibility on it. Answer the subject of entrepreneurship will be responsible for unfulfilled obligations and other omissions.

You need to know something else: even if the entrepreneur works independently, he is not the director. The Fisliso, which occupies the position of the director, even if in his own company and in personal interests, should pay additional contributions to the account of pension, medical and social insurance.

Check the counterparty before the transaction

To ensure the decency and solvency of the counterparty, check it out for the TIN or OGRN on the FTS website. With this service, you can make sure that there is really such a taxpayer and learn about the presence of factors that define its ungolasses:

  • The lack of licenses and permits required to perform the works that underlie the contract.
  • The fact that the Director-General occupies the same position in several organizations, some of which is on the verge of bankruptcy.
  • On the procedure of bankruptcy or liquidation.
  • The fact that the company is registered a month ago, and not 10 years old, as its leaders can assure.
  • About prohibit for work in certain areas of activity.
  • On the inconsistency of the stated details of reality.

Before signing the agreement, ask the partner to give you copies of constituent documents to demonstrate to taxable goodness. And do not forget to svew each contract in a special folder, since this is the official document to be stored for 5 years.

Business relationships are fixed with the help of relevant documents - contracts, agreements, contracts. This applies to the activities of individual entrepreneurs. They can fix cooperation in this way not only with companies or individuals, but also with the same private businessmen. For example, a labor contract is often signed with an individual entrepreneur with an IP, which implies a hiring of one entrepreneur to others. Consideration of documentary design of cooperation between two individual merchants and is the subject of our material.

Features of the contract between private entrepreneurs

It is worth highlighting a number of characteristic features that will allow you to identify such documentation from the general range. They look like this:

  • such a contract is always between individuals who are individual merchants. Other option is not provided;
  • in addition, this paper is always drawn up only for entrepreneurial activities. For example, lies. It is required in order to continue to work on the market. For example, services for the transport of goods suggest delivery of products. If this is not done, the merchant will not trade. It turns out that one side earns the performance of some kind of work that is needed for the functioning of the second person. As you can see, both the carrier and product implementer are earned with entrepreneurship;
  • another interesting feature is the replacement of this document. It always provides for the fulfillment of obligations.

So look like the features that you should pay attention to. Other signs can be distinguished, but what is written above is quite enough to identify this type of documents.

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The procedure for entering into a contract between private entrepreneurs

This process does not have any characteristic properties. Its essence comes down to the fact that one side offers other cooperation under certain conditions. If the interaction conditions are prevailing, the corresponding document is signed. For example, it is often found to lease an IP with IP. This paper is evidence that one entrepreneur provides something to a temporary use of some kind of room for a certain fee.

There are situations where the agreement does not come immediately. If there is a similar case, the parties come into negotiations. They settled all the controversial issues, and then draw up a contract. By the way, this option of resolving disagreement is not as often as it may seem. As a rule, contracts are typical. Speaking otherwise, they do not assume some changes. The parties or put signatures in such documents, or do not begin cooperation. That is why you can not work on the development of this official paper. It can be found in the finished form. In particular, the sample of the contract is available on our resource.

You can do otherwise. For example, such a document will help to draw up in any company specializing in the provision of legal services. Remember that such an approach will require additional financial costs. It is better to take advantage of the first option. The form of the contract found on the Internet can always be shown to the courts who conclude the degree of compliance of this paper by the current legislation. Such a check will be an order of magnitude cheaper.

Some online services for IP have a convenient work interface with contracts. Here, for example, as implemented in the "Accounting-contour" system (formerly Elba):

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Hiring one entrepreneur to others

On this form of cooperation I would like to talk especially. The fact is that labor relations most often become the cause of various disputes. In order not to meet in court, it is better to immediately understand the main points. This will avoid multiple problems. In addition, not everyone is known whether the IP can work on an employment contract. This question is specified very often, so we publish information about this in our article.

If we talk generally, then there is nothing special in the reception of an individual entrepreneur to work. The procedure looks the same as in the case of hire the staff. In order for this operation to be legitimate, a number of documents should be available. We will not consider it more intently, as it is not the topic of our material. Let us only say that an employment contract with an IP employee is present in this list, issued in 2 copies. One of them remains at the employer, and the other - awarded the hired merchant.

IP, accepting another individual entrepreneur for some position, must be considered with his legal rights. In particular, a period of illness should be paid, a vacation is provided, etc.

There are still a number of significant moments. They concern duties, working conditions, responsibility, etc. All these features are necessarily entered into an employment contract between IP and IP. Much depends on how this document was worked out before signing. In particular, the more substantive it is, the easier it is to defend its rights in court.

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Moments that are necessarily reflected in the contract

Like any other similar paper, this document involves a number of mandatory elements. You can't forget about them, since the lack of such information makes the document illegal. The same can be said about cases when not all such conditions are indicated. The list of these data should be remembered to prevent unpleasant errors. Here is this list:

  • surnames, names and patronymic of the parties to the contract;
  • information from documents certifying the identities of participants in labor relations;
  • Inn entrepreneurs;
  • labor function. Speaking otherwise, it is necessary to indicate what is required by a hired employee;
  • date of signing an employment contract. This props is always present. Do not confuse it with a validity period that may not be indicated. By the way, if it is absent, the document is considered perpetual;
  • salary size, possible allowances and premiums;
  • mode of operation;
  • information regarding social insurance.

This list can be made more extensive. For example, if we are talking about working in special conditions, then they definitely stipulate. Suppose a contract of IP with a driver-IP, which will work on its own car. This moment is significant, therefore always fixed documented. Very often, such cooperation implies additional payments related to the operation of the vehicle.

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Change and termination of the contract

The current legislation indicates that the document can be made only on condition that the mutual consent of the parties has been reached. The same can be said about the termination of the fulfillment of obligations under the contract.

Editing and termination of this document is unilaterally possible only with a serious violation of the contract, changing the working conditions and other cases provided for in the current regulatory acts. Even in the presence of the facts mentioned above, the final decision makes the court. It is he who makes a legitimate refusal of cooperation or making the adjustment. The exception is the situation when a compromise solution is achieved, which suits both parties.

For example, an employment agreement was concluded between IP and the IP seller. In the process of its execution, working conditions significantly changed. So, the implementer was supposed to not just offer the goods on the market, but also to respond to his acceptance. This moment was not specified initially. Seller This state of affairs did not suit. He reported this to the employer who agreed to stop labor relations ahead of time. You can easily imagine another ending, involving the appeal to the court.

Currently, individuals can easily implement various and other regions of the Russian Federation without any problems. Deciding, in which direction to develop, people should think over the organizational and legal status. If they do not plan to enter the world of big business, then they should conduct commercial activities in the status of IP. The procedure for state registration of an individual entrepreneur is quite simple, but requires a lot of time and strength from person. That is why most Russian citizens appeal to legal offices opening the PP turnkey.

In the process of conversation with a client, a narrow-profile lawyer can say, or what will be the size of the full package of documents necessary for the start of the business. Choosing the opening of the turnkey business entrepreneurship, the individual will receive, print, account in the bank and testimony confirming the fact of its registration in the FTS and extrabudgetary funds.

What documents should the individual entrepreneur have?

Individual entrepreneurs due to their specific status can act in each specific situation in different ways. Despite the lack of need to keep accounting, IP is obliged to compile a large number of documents present and in legal entities. When concluding contracts, individual entrepreneurs must use the data specified in the constituent documentation. Each IP has the right to carry out commercial activities only in the presence of all constituent documents. If at the time of the conclusion of the deal in the businessman they will be absent, then in this case its activities will be recognized illegal.

Based on what MP should act when concluding contracts and other important documents?

The package of constituent documents of an individual entrepreneur is simplified. It is formed as follows:

  1. Certificate of state registration, which gives the physical face the status of an individual entrepreneur. To get it, the Russian citizen must write a statement, attach a copy of the passport and identification code to it, as well as a receipt confirming the fact of paying the state duty. This package of documents is transferred to the state registrar - the federal tax office at the place of registration.
  2. Certificate of registration as a tax payer.
  3. Extract from the Unified State Register of the PI, in which all data of the entrepreneur is indicated.

Council: The package of constituent documentation of an individual entrepreneur can be replenished with evidence of VAT payer. This form of taxation is chosen by those IIs that are on the general system and plan to cooperate with legal entities.

How to conclude an agreement with an individual entrepreneur with a hired employee?

Each IP, which plans to use the labor of employees, must conclude agreements with all individuals. Legal regulation of labor relations is the requirement of federal legislation. Also, a prisoner will help the entrepreneur to solve all the disagreements that emerged with his employee relating to the organization of the working conditions and the order of paying wages.

In compiling an employment contract, the IP should pay special attention to the following nuances:

  1. This document is for a certain period and signed as an individual entrepreneur and its employee.
  2. To compile an employment contract, the IP uses data from its constituent documentation and a person's passport, which he takes to work.
  3. The contract describes the main points relating to the organization of working conditions, indicates the size and procedure for paying wages. Separately negotiate the rights and obligations of the parties.
  4. The employment contract is drawn up in two copies. At the same time, all the requirements of Article 57 of the Labor Code of the Russian Federation should be observed.

Council: The employment contract concluded between an individual entrepreneur and an individual, decorated in improperly, can be recognized as valid if the employee has begun to fulfill its professional duties from the knowledge of the employer.

The procedure for concluding a contract LLC with IP

When concluding agreements with business partners, individual entrepreneurs are not required to use standard contracts. Despite the lack of need to conclusted standardized documents, IP must still comply with certain rules and ensure that it is indicated in the text.

In accordance with the regulations of the federal legislation of the Russian Federation, individual entrepreneurs must indicate all their details in the treaties. In mandatory procedures, these documents reflect:

  • state registration number of IP;
  • the name of the body issued a certificate of state registration;
  • date of issue certificate;
  • identification tax number;
  • legal address (if an individual entrepreneur has a separate postal address, it also needs to be indicated in contracts);
  • the number of the calculated or card account, the Bank in which the IP is served;
  • the form of taxation on which the businessman carries out commercial activities;
  • code activities.

Council: Legal entities or individual entrepreneurs who have concluded contracts with IP, can check on the official website of the FTS, is it really registered such a subject and what kind of activity it is engaged.

The procedure for entering into an APT agreement with IP

Today, individual entrepreneurs are increasingly choosing IP as counterparties. When concluding business agreements, they do not always compile contracts, thereby violating the regulations of the federal legislation of the Russian Federation. In order not to have problems with tax authorities, entrepreneurs should document every concluded deal.

The contract compiled between individual entrepreneurs must contain all their details. At the same time, the IP should take into account the following nuances:

  1. In the contract, on the same side, an individual entrepreneur is indicated.
  2. The content of the contract must be directly related to commercial activities.
  3. Despite the fact that the Agreement lies between individuals, its goal is to extract material or property benefits.
  4. In addition to the details, the subject of the contract must be specified, as well as the exact amount of funds, which one side should pay the counterparty. The deadlines for the calculation are defined, and also indicates the size of penalties for violating payment discipline.
  5. The contract should describe the possible force majeure situations that may affect the fulfillment of obligations assumed.

All details are usually indicated in the lower part of the contract, after which the place for signatures of the IP and their seals are distinguished.

CONCLUSION OF AGREEMENT Director on behalf of the IP

Each individual entrepreneur has the legal right to hire a director who, from his behalf, will conclude agreements with business partners and follow the work of the labor collective. With the applicant for this post, IP concludes an employment contract in which the authority of the head is clearly negotiated. In parallel, the Agreement includes a job description, which will continue to regulate the powers and obligations of the Director. In order for the manager to represent the interests of an individual entrepreneur in all instances and conclude contracts from his behalf with counterparties, the general power of attorney is discharged in his name. This document is drawn up for a specific period and is mandatory assigned in a notarial office.

When concluding contracts with business partners, in addition to basic details, it will be necessary to indicate:

  • Full name of the head;
  • general Power of Attorney;
  • the date of issuing a document, on the basis of which an individual represents the interests of the PI.

A copy of the general power of attorney should be attached to the contract. Despite the broad powers of the hired leader, the final responsibility for all prisoners will bear the individual entrepreneur. The responsibility may be withdrawn from him if the tax or law enforcement agency will be proved by the fault of a hired worker who has committed an administrative or criminal crime, having a general power of attorney from the PI.

Council: An individual entrepreneur may not hire the director for specific legal operations. If he cannot personally make certain actions related to doing business, he has the right to write a temporary power of attorney for one of its employees.

Despite the simplified procedure for keeping accounting, an individual entrepreneur besides the director may hire and an accountant. A narrow-profile specialist will, fill in primary documentation, to conduct account registers. Accountant assistance is needed especially to entrepreneurs who do not know, or another type of tax. If IP does not want to introduce an additional complete unit, it may on issues relating to tax and accounting, contact a specialized company. The outsourcing company may have a wide range of services to individual entrepreneurs. In their state there are both accountants and lawyers who can take on support of transactions, drawing up and conclusion of contracts on behalf of the client. Accountants outsourcing companies can be reports for IP reports, check primary documentation, fill out accounts, conduct audit of activities, etc.

Does IP be sure to indicate in the contract, on the basis of which document does it work?

In the preparation of contracts with counterparties (not so important, they are legal or individuals) individual entrepreneurs must be guided by the norms and requirements of the federal legislation of the Russian Federation. In accordance with the regulations of the Federal Law, IP are obliged to indicate the certificate number of state registration. In the first section of this document, an individual entrepreneur indicates that he implements its commercial activities "on the basis of the testimony ...". Thus, he confirms that business is maintained on legal grounds. By number of this testimony, counterparties can always conduct identification of the individual partner of the PI.

What should IP remember when concluding contracts with individuals and legal entities?

Before concluding an agreement with any counterparty, an individual entrepreneur must check its tax status in the FTS. To do this, go to the official website of the tax service and in a special window to introduce OGRN, INN or OGRNIP. Literally after a few seconds, the entire information you are interested in the monitor will be displayed on the monitor screen. Such an inspection is extremely important to carry out those entities of business activities, which, under the terms of the contract, will be transferred to the counterparty counterparty or 100% prepayment.

If an individual entrepreneur counterparties proposes to sign his own version of the contract, then before compulcing this document, it is necessary to carefully read his items. Sometimes a secret meaning is laid in the text of the contract, which is why IP may have problems in the future. Also, the counterparty may allow mathematical errors that can bring additional costs to the entrepreneur.

By entering into a contract with a counterparty, each individual entrepreneur must ask him a copy of the constituent documents, especially the evidence of the tax system used. The presence of such documents will avoid when checking disagreements with representatives of the controlled bodies that are looking for any hook to accrual fines.

Council: All contracts concluded with business partners and employees must be admired into separate folders and stored at the IP throughout the term of work.

Each individual entrepreneur must use constituent documents during the implementation of commercial activities. The main evidence he receives in the process of state registration as an IP. Other documents are issued to him when registering in controlling. The constituent package must also include all documents relating to the opening of the settlement or card account of the entrepreneur. It is worth noting that when contacting various instances, an individual entrepreneur may also request a lease agreement in which he carries out its commercial activities. That is why such an agreement is more expedient to include in the package of constituent documentation.

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Having on the hands of all documents regulating the activities of the IP, it is possible to conclude with the counterparties any contracts, to take individuals to work, transfer the fixed assets, etc. In compiling such agreements, individual entrepreneurs should necessarily indicate data from constituent documents.

In contact with

moscow "___" ______________201__

Hereinafter referred to as the "Customer", on the one hand, and the individual entrepreneur ______________, referred to as the "Contractor", on the other hand, entered into a real service agreement with an individual entrepreneur (hereinafter - "Treaty") on the following:

1. THE SUBJECT OF THE AGREEMENT
1.1. The artist on the task of the Customer undertakes to provide services according to the specification, which is an integral part of this Agreement, and the Customer accepts and pays for the services rendered, in accordance with the terms of this Agreement.
1.2. The Contractor provides services in accordance with the contract and the specification approved by the parties.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Customer Responsibilities:
2.1.1. Strictly observe the terms of this Agreement.
2.1.2. To provide the Contractor the materials and information requested by him.
2.1.3. Paying the services of the Contractor in the manner prescribed by the Treaty.
2.2. The customer is entitled:
2.2.1. Refuse to fulfill the contract subject to payment by the Contractor actually incurred by him.
2.3. Performer's responsibilities:
2.3.1. Strictly observe the terms of this Agreement.
2.4. The artist is entitled:
2.4.1. Refuse to fulfill the contract subject to compensation to the customer caused to him damages.

3. Payment procedure
3.1. The size, order and timing of payment for services is coordinated by the parties in the specification.

4. Terms of Service
4.1. The performer starts to provide services the day after making money at the executive office or their receipt to its current account.
4.2. The final acceptance of the Customer of the Services rendered under the contract is carried out at the moment of receiving the products manufactured for the customer by signing the act of the provision of services. The service on the provision of services can be sent to the customer by mail, the address specified in paragraph 9 of this Agreement. If the customer evades the receipt of mail, then in this case, the moment of receipt by the Customer of the Act of the Provision of Services is the day of delivery of the appropriate act in the post office of the serving address specified in paragraph 9 of this Agreement.
4.3. In the specified in clause 4.2. Agreement The Customer's term is obliged to sign an act of providing services under this Agreement or send the Contractor a motivated refusal to sign an act at the address specified in the contract. 9 of the Treaty.
4.4. If during the period specified in clause 4.2. Agreement, the Customer will not direct the Contractor a motivated refusal, the services rendered under the Treaty are considered to be adopted by the Customer in full, appropriate quality on the basis of one-sided act and payable in accordance with the terms of this Agreement.
4.5. In the event of a delay in the first payment (regular payment) under the contract, the Contractor has the right to suspend the fulfillment of its obligations under the contract to the work by the customer of payment for services in accordance with the terms of the contract. At the same time, the terms of the provision of services are shifted for the delay of the relevant payment under the contract.
4.6. In the event of a delay in the first payment (next payment) under the contract for a period of more than 10 (ten) calendar days, starting from the day, when such a payment was to be performed in accordance with the terms of the contract, the Contractor has the right to offer the Customer to revise the terms of the provision of services or refuse further provision of services under the contract unilaterally. The contract is considered automatically terminated from 20 (twentieth) calendar days, starting from the day when such a payment was supposed to be fully carried out in accordance with the terms of the contract. At the same time, the parties under the contract came to an agreement that additional documents on the termination of the contract on the basis of the conditions set out in this paragraph will not be drawn up. The funds received by the Contractor under the contract before its termination, the customer is not returned and are considered to be the means of compensation for incurred costs and penalties.

5. Term of the contract
5.1. The contract comes into force from the moment of its signing and is valid until the parties fulfill its obligations under the contract.

6. Responsibility of Party
6.1. For non-fulfillment or improper fulfillment of obligations under the contract, the parties are responsible in accordance with the current contract and the legislation of the Russian Federation.
6.2. The parties are exempt from liability in the case when the impossibility of execution arose in circumstances, for which none of the parties responds (force majeure). A side that cannot fulfill its obligation must notify the other side of the obstacle and its impact on the fulfillment of obligations under the contract within 7 (seven) calendar days from the moment of these circumstances. The further fate of the contract in such cases should be determined by the Agreement of the Parties.
6.3. For the delay in payment for the executive services, the Customer pays penalties in the amount of 0.5% (zero and five-tenth percent) from the total price of the contract for each day of delay on the day of the actual payout.

Any relationship in commercial activities should begin with the conclusion of the contract. The conclusion procedure with IP is regulated by civil law. This document is a mutual agreement. Legal features when designing. The contract with IP is the mandatory component in economic relations. There are varieties of contracts that can be concluded with an individual entrepreneur. All agreements are compiled in compliance with legislative requirements.

Before concluding an agreement between IP and individuals, as well as other participants in economic activity, it is necessary to study features.

These features can be attributed to:

  1. When concluding a lease agreement, it is recommended to make an inventory of each subject passing into use. This may be an act of receiving. It will be part of a part of the contract. Also in the contract you need to specify the right, the obligations of the parties, for which time you need to make a fee for use, and for what period of time the tenant must warn the second side that the transaction will be terminated.
  2. Between IP and Ltd., the contract of delivery is often concluded. Under the terms of the transaction, a certain product is purchased. The document recommends clearly express the requirements for the quality of the object. It is also necessary to describe the order, the deadline for the return of poor quality goods and the amount of the amount of money, which is subject to payment in case of a penalty. If you have confidence, it is possible to pay invoices via the Internet, but this should be mentioned in the document.
  3. Also, participants in economic activity often conclude. According to this document, one of the parties has a certain payment for payment. Also, a similar transaction is the paid provision of services. In these documents, it is necessary to describe the service that will be provided, the amount of payment and the responsibility of the parties.

The IP treaty - on the basis of what an entrepreneur operates. It comes into effect after the act of acceptance is signed.

In accordance with legislative norms and existing agreements, the following list of contracts can be distinguished, which are part of the PI with other persons or enterprises:

  1. Providing services on a reimbursable basis. Under the terms of the transaction, the Contractor fulfills its duties, and the second party pays for the services received. Everything must be executed in the document set by the document and volume.
  2. Work agreement. According to this document, the Contractor must perform the work, which is described within the limits of the reserved time. The second participant takes the work and pays.
  3. Rental of premises. An individual entrepreneur can rent premises for maintaining its economic activity, he can also act as a landlord. When concluding the transaction, it is necessary to consolidate the conditions of use, the deadlines for making the rent and the responsibility of the parties.
  4. Purchase and sale. This type of transaction is the most frequently used in economic activity. Concluding agreements, one party acquires the goods for use during its work (for example, computer equipment), and the second sells, receiving money for it.
  5. Loan agreement. The document provides for the transfer of a certain value from one side to the other in the time interval. When the agreed period expires, value is subject to return. For example, it can be cash.
  6. Employment contract IP with the saline.

Each of the transactions has its own nuances and features.

Making a paper purchase and sale parties should describe the item regarding the marriage of the goods. It is necessary to develop an account account. At the conclusion of the contract, it is necessary to indicate in the document (Enterprise), which will make payment of the tax. In accordance with the current standards of the law, such a responsibility is assigned to the contractor.

If entities of entrepreneurial activity rented, for example, a vehicle, equipment, you need to specify the estimated cost of the goods transmitted. You can describe the property with its state.

As competently compile

In order for the document to be compiled correctly, such rules should be followed:

  • the parties should clearly, correctly form their own requirements;
  • recommended during the transaction to invite a lawyer. So you can avoid ambiguous points of the document;
  • parties should carefully and consciously familiarize themselves with all the information submitted by the second party;
  • check registration data.

This document is regulated by employer and employee relations.

By entering into an agreement, it is necessary to include the following information:

  1. Workshop work.
  2. Absorbed operating functions on the employee.
  3. The beginning of the entry into force of the contract, as well as when a person needs to begin to fulfill his duties. Individuals need to carefully examine this item. Employers can determine the term of internship that is not paid.
  4. The order and size of payment of completed work. In this point, you need to describe the size of the salary. Also, the size of the award and other bets can be indicated.
  5. Work schedule. The section should contain information about how the appointment of the output days is occurring.
  6. Social guarantees. It is indicated here as payment during vacation or stay on treatment.
  7. Information about the sides. The details of the IP in the contract and its identification code are indicated.

An employment contract may be urgent and indefinite. This must be described in the text of the document. At certain cases, an agreement between employees and employers is a civil-law agreement.

In accordance with the legislative norms in the field of civil relations, individual entrepreneurs are presented as the same requirements as other legal entities.

If it is necessary to make relations between IP and Ltd., the contract must be compiled in compliance with the conditions:

  • in the event of a dispute between the parties, they will not have the right to attract witnesses to prove their position;
  • under the conditions of the document, situations may be described, upon the occurrence of which the document loses its strength and is invalid.

All transactions must be concluded in the same conditions and in the same manner as between two legal entities. At the same time, it is necessary if the deal concerns the property, which was acquired during the joint residence, requires the receipt of consent from the spouse (spouse). This rule applies to real estate.

In addition to the employment contract, one of the following agreements may be concluded between the individuality and IP:

  1. Compensated service provision.
  2. Contract.

The distinctive features of the two agreements will be the result that the work is completed.

According to the first agreement, this may be the transfer of knowledge, massage, transportation of things. According to the second contract, the individual performs the work of a material nature. For example, a product of repair in the office, participation in building buildings.

If the relationship is issued by a document for the provision of paid services, it can be terminated at any time. When a person provides his services, as a contractor, he has the right to express the desire to terminate the contract in such situations:

  • not providing equipment;
  • increasing the cost of the necessary materials for the work;
  • submitted materials or equipment provided.

In each agreement, the timing should be stipulated during which work should be performed. The signing of these two agreements resorted when the relationship between IP and the individual will not last long.

The priority positions of such agreements in comparison with the employment contract can be attributed:

  • lack of need to keep and record in the employment record;
  • not required to make contributions for the employee;
  • no need to pay for the time of stay on treatment and on vacation.

In the negative side for an individual entrepreneur can be attributed to the payment of the tax. This is due to those who will be an intermediary.

The form of a contract agreement must contain such information:

  1. Information about the sides.
  2. Terms of performance.
  3. The money amount that is payable for work.
  4. Description of work subject to execution.
  5. Quality of work.
  6. The procedure for receiving the results of work.
  7. Rights and obligations of the parties.
  8. Warranty.
  9. Responsibility of the participants of the agreement.
  10. Signatures.
  11. Detament date.

It is also necessary to describe the procedure for resolving disputes.

The treaty between IP and II is the only way to cooperate between two individual entrepreneurs.

Based on the current practice, the most common treaties:

  • purchase and sale;
  • supply of goods;
  • loan;
  • rental.

Additional work is often required to carry out its activities. For example, if one manufactures some kind of products and it needs material for this, it concludes a delivery contract.

Individual entrepreneurs among themselves can conclude agreements for the provision of transport services. As in other respects, individual entrepreneurs are negotiated by the subject of the agreement and its price. The document is subject to signatures on both sides.

Also, an individual carrying entrepreneurial activity can conclude a loan agreement. In the course of economic activity, rental contracts or equipment can be concluded.

Parties need to prepare the following documents for concluding a contract with IP:

  • duplicate registration documents (certificate of OGRN);
  • identity document and its copy;
  • duplicate identification code;
  • extract from the Registration Department.

A copy of OGRN certificate before granting, you need to assure painting or agent printing.

The resulting extract can be used for one month from the date of its issuance. If a trustee is valid on behalf of the parties, a power of attorney is applied to the papers package, which is certified by a notary.

The main responsibilities of the Contractor under the Agreement include the following actions:

  • perform the work that the agreement writes (contract);
  • carry out measures (for example, check the quality);
  • transfer the result of the work to the customer.

The listed obligations must be spelled out in the contract.

The customer's duties will be included:

  1. Provide the Contractor all the necessary materials, equipment for work.
  2. Make an advance payment if it is determined by the Agreement.
  3. Pay after receiving the results of the work indicated in the contract amount.

Pay work (service) often on a non-cash substitution account.

Responsibility at non-compliance

If necessary, make changes to you to agree between the two parties all moments. They should not contradict legislative acts. Unilaterally allowed to make changes if serious violations are observed

If the Member of the Agreement does not comply with the terms of the contract or makes it inappropriate, the norms of legislation in civil relations are applied to it. When the agreement, the money received for the work that was not fulfilled should be returned ahead of schedule.

If disputes occur:

  • send a claim to the second party;
  • go to court.

It is recommended to fill out before turning to court and send a claim letter to the second participant's transaction. This is necessary for attempting to independently resolve the dispute. If these intentions did not give the result, you need to act in the lawsuit. The date of payment of the claim will be considered a day when it was a letter registered in the post office. The day of receipt of the claim letter when the person signed for receiving the document. Administrative responsibility can be applied to the participants.