The form of an agreement between a legal entity and an individual. Sample contract with legal entity face. Employment contract with individual entrepreneurs

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Work contract between a legal entity and an individual sample 2018 free download standard form sample form

Example No. 1

Work agreement

with an individual for design work No_______

_______________________ "___" __________ 20__

Open Joint Stock Company TransLink, hereinafter referred to as the "Contractor", on whose behalf _____________ acts on the basis of _____________, and group _________________________, hereinafter referred to as the "Customer", hereinafter collectively referred to as the "Parties", have entered into this agreement

about the following:

1. The Subject of the Agreement

1.1. The Contractor undertakes to develop and timely submit to the Customer the project documentation for gasification of the facility located at the address: ___________________________________ according to the connection conditions, and the Customer undertakes to accept the result of the work and pay for it.

1.2. The scope and content of work are determined by the Customer in the design assignment, as well as the requirements of the current legislation.

1.3. Project documentation executed under this agreement is subject to copyright and cannot be used by the Customer at other facilities.

2. Terms of work

2.1. The commencement of work under this agreement - no later than 3 working days from the date of payment by the Customer of the advance payment in accordance with clause 3.3 of this contract and the fulfillment by the Customer of clause 4.3.2

actual agreement.
2.2. The term of the work is _______ calendar days.

3. Contract price and settlement procedure

3.1. The cost of work is approximately ______________________ (________________________) rubles, including VAT in the amount of ________ rubles, in accordance with the Calculation of the cost of work performed, agreed by the parties and is an appendix to this agreement. The cost of work is determined on the basis of: (choose an option)

*) Price list of the Contractor valid at the time of the conclusion of this contract

*) Reference book of base prices for design work in construction "Gas equipment and gas supply".

3.2. Payment is made by the Customer by transferring funds to the account of the Contractor specified in section 7 of this contract. The date of payment is the date of crediting the funds to the settlement account of the Contractor.

3.3. Prior to the commencement of the work, the Customer shall pay the Contractor an advance in the amount of 100 (one hundred)% of the cost of the work under this contract no later than 5 calendar days after its conclusion.

3.4. The final calculation is made by the Customer in accordance with the certificate of completion no later than 5 calendar days from the date of its signing.

4. Rights and obligations of the Parties

4.1. The contractor undertakes:

4.1.1. Perform work in the amount and within the timeframes stipulated by this contract, in accordance with the existing requirements of SNiP "Gas Distribution Systems", Safety Rules for Gas Distribution Systems and other regulatory documents;

4.1.2. Immediately warn the Customer and suspend the work if any circumstances beyond the Contractor's control are discovered that threaten the suitability of the results of the work performed or make it impossible to complete it on time.

4.1.3. Notify the Customer about the completion of the work;

4.1.4. Transfer to the Customer the result of the work performed - design documentation in the amount of 3 copies according to the acceptance certificate of the work.

4.2. The Contractor shall have the right to independently determine the methods of fulfilling the Customer's assignment.
4.3. The customer is obliged:
4.3.1. Pay for the work within the time frame and in the manner provided for by this contract;
4.3.2. Before starting the work, transfer to the Contractor the initial data, urban planning

documentation, survey materials necessary for organizing and performing work under this contract;

4.3.3. Accept the completed work on time and on the terms of this contract.

4.4. The customer has the right at any time to check the progress and quality of the work performed by the Contractor, without interfering with his activities.

5. The order of delivery and acceptance of works

5.1. Upon completion of the work, the Contractor provides the Customer, along with the result of the work, with an act of acceptance and transfer of works, which must be signed by the Customer within 5 (five) days from the date of its receipt.

If the Customer has any comments on the result of the work performed, the Customer, within 5 (five) days from the date of receipt of the act of acceptance and transfer of work, has the right to submit to the Contractor written motivated objections to the signing of the act of acceptance and transfer of work.

If the Contractor agrees with the written reasoned objections of the Customer, the Contractor is obliged to eliminate them free of charge within 15 (fifteen) working days from the date of receipt of the objections.

5.2. If, within 5 (five) days from the date of receipt by the Customer of the act of acceptance and transfer of work, the act signed by the Customer is not returned to the Contractor, or the Contractor does not receive written reasoned objections to signing this act, then the work is considered accepted by the Customer without any comments.

5.3. If the Customer refuses to sign the act and (or) receive the finished work result, the acceptance certificate is sent to the Customer's address by registered mail. After the expiration of 5 (five) days from the moment the Customer receives the acceptance certificate, the transfer is considered completed, the certificate is signed, and the project documentation not received by the Customer is taken by the Contractor for safekeeping.

Contractor
OJSC "TransLink"

__________________/____________/

7. Details and signatures of the Parties

Customer Gr. _________________________

Full name / passport data / address __________________ / _____________ /

Example No. 2

Work contract with an individual

Moscow "___" _________20__.

Open Joint Stock Company "_____________________________________", (abbreviated name of OJSC - "_______"), hereinafter referred to as "CUSTOMER", represented by the General Director _______________, acting on the basis of the Charter, on the one hand and _____________________________, __________ year of birth, TIN - __________, passport ________________ issued _________, ATS _____________ hereinafter referred to as the "CONTRACTOR", on the other hand, together referred to as the "Parties", have entered into this contract with an individual (hereinafter referred to as the "Agreement") as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor, at the request of the Customer, undertakes to perform work according to ____________________________________________________________________________ (hereinafter referred to as the "Work"), and the Customer undertakes to accept the results of the Work and pay the price stipulated by this contract with an individual.

2. COST OF WORKS AND PAYMENT PROCEDURE

2.1. The price of the Works performed is __________ (______________________________) rubles. The price is final and is not subject to change during the entire period of validity of this work contract with an individual.

2.2. Payment is made after all the Works have been completed, provided that the Work is done properly, on time.

3. LIABILITY AND RISKS

3.1. The Party that has violated the work contract with an individual is obliged to compensate the other Party for the losses caused by such violation.

3.2. THE CONTRACTOR undertakes:

3.2.1. Ensure that the Works are performed on their own of proper quality.

3.2.2. Within 10 days from the date of signing the acceptance certificate of the work performed, remove the property belonging to him from the place of production of the Works.

3.2.3. Be liable for damage caused to a third party in the process of performing the Works, unless it proves that the damage was caused due to circumstances for which the Customer is responsible.

3.2.4. Have the necessary licenses, permits, permits, etc., required to perform this type of Work.

3.3. THE CONTRACTOR has the right:

3.3.1. Instead of eliminating the shortcomings for which he is responsible, perform the Work again free of charge with compensation to the Customer for the losses caused by the delay in performance.

3.3.2. To independently determine the methods of performing the Work.

3.4. The CUSTOMER undertakes:

3.4.1. Provide the Contractor with the scope of Work.

3.4.2. Timely accept and pay for the Works performed by the Contractor.

3.5. The CUSTOMER has the right:

3.5.1. At any time, exercise control and supervision over the progress and quality of the Works, adherence to the deadlines for their performance (schedule), without interfering with its operational and economic activities.

3.5.2. In cases where the Works were performed by the Contractor with deviations from the contract with an individual that worsened the result of the Work, or with other shortcomings that prevent the use of the result of the Work for its intended purpose, the Customer has the right, at his choice:

3.5.2.1. Demand from the Contractor the gratuitous elimination of deficiencies within a reasonable time.

3.5.2.2. Eliminate the deficiencies on their own or involve a third party to eliminate them with the attribution of the costs of eliminating the deficiencies to the Contractor.

3.6. The Contractor bears the risk of accidental death or accidental damage to the result of the performed Work prior to its acceptance by the Customer.

4. TERMS OF COMPLETION AND ORDER OF DELIVERY OF WORKS

4.1. The term for the performance of work under this work contract with an individual:

beginning - ___ ________ 20__

ending - ___ ________ 20__

4.2. The completion of the work is formalized by the acceptance certificate of the work.

4.3. In the event of a reasoned refusal of the Customer to accept the Works, the Parties draw up a bilateral act with a list of the deficiencies and the deadlines for their elimination at the expense of the Contractor.

5. INSURANCE POWER

5.1. The parties are exempt from liability for partial or complete failure to fulfill obligations under this work contract with an individual, if the failure was the result of natural phenomena, the actions of external objective factors and other force majeure circumstances for which the parties are not responsible and they cannot prevent the adverse effect of which they are unable.

6. FINAL PROVISIONS

6.1. This work contract with an individual comes into force from the moment of its signing and is valid until ___ ________ 20__.

6.2. The parties are liable for partial or complete failure to fulfill their obligations under the Agreement if there is fault only in cases provided for by law or the Agreement.

6.3. A work contract with an individual may be terminated on the grounds provided for by the current legislation of the Russian Federation.

6.4. All disputes arising between the Parties in the course of fulfilling the obligations stipulated by this Agreement shall be resolved through negotiations, and in case of failure to reach an agreement, in court.

6.5. All changes and additions to this Agreement are valid if made in writing and signed by the Parties.

6.6. This work contract with an individual is drawn up in two copies having the same legal force, one copy for each Party.

7. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

CUSTOMER: CONTRACTOR:

OJSC "______________" __________________________

Address:___________________________, ________________________________

INN ..., ________________________________

Checkpoint ..., _________________________________

OGRN ..., residing at: __________

account number ...

at the Bank: ... Moscow, ________________________________

corr. account no ...,

BIK ... ________________________________

Insurance certificate No. ________.

General manager

________________ / / __________________/

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 by phone 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 (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 services for a fee 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, special rules are established for the provision of certain types of services. 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 agreement 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, paying 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 measures of liability of the parties, 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:

_____________________________ _______________________________

_____________________________ _______________________________

_____________________________ _______________________________

_____________________________ _______________________________

_____________/________________/ ________________/_______________/

4.8/5 (10)

Samples of contracts with an individual for the provision of services

ATTENTION! Look at the completed sample of a contract with an individual for the provision of services:

You can DOWNLOAD samples of contracts with an individual for the provision of services by following the links below:

General form of the document

The contract, the subject of which is the provision of services, is signed between the two parties (customer, contractor). The contractor, within the framework of the contract, fulfills his obligations to the customer.

The agreement must prescribe the obligations and rights of the customer and the contractor, and also describes the detailed transaction and the amount that the customer must pay to the contractor after the fulfillment of his part of the contract.

This type of contract can be concluded with both a legal entity and an individual.

The legislation does not establish restrictions on the provision of services from various types of legal entities or entrepreneurs, although some types of activities require a license or permission from a legal entity not to carry out such activities, which the customer must be familiar with before signing an agreement.

Otherwise, the contract will be declared invalid, and it is possible that later you will have to deal with law enforcement agencies.

The service agreement is drawn up in writing, and the number of copies is determined by the number of parties to the contract.

To recognize the contract as valid, the following information is included in it:

• passport data and details of a document confirming the identity of an individual, indicating the place of residence and registration, as well as contact information (e-mail, telephone). For legal entities - details in accordance with the charter of the organization;
• a list of services provided with an indication of the scope to be performed by the contractor under the contract, as well as the timing and procedure for execution, the cost of the services provided, the rights and obligations of the parties, penalties in case of non-fulfillment of the terms of the contract and other information;
• signatures of all parties to the agreement, if the party is a legal entity, then the signature is affixed with a seal. And the powers of the representatives of the parties are confirmed by a power of attorney (notarial or ordinary). If the representative of a legal entity is the head of the organization, he needs: an extract from the Unified State Register of a legal entity, an order on his appointment, an employment contract, etc.

By signing the contract, all parties receive a copy of the document. The necessary documents are attached to the agreement: a schedule for the provision of services, an estimate, a technical assignment, samples of documents that are drawn up by the parties during the execution of the contract, and so on.

Important! To confirm the fulfillment of the terms of the contract, the contractor must attach the documents that were collected by him during the execution of the contract (estimate, drawing, technical assignment, certificate of completion, etc.).

The legislative framework

When drawing up an agreement with an individual on the provision of services, one must act in accordance with the legislation of the Russian Federation. And do not forget that this document has several options.

A paid service agreement is an agreement in accordance with which the contractor fulfills certain customer requirements, and the customer, in turn, undertakes to pay for the work performed by the contractor.

A service is a result of activity that has an intangible expression and is associated with the satisfaction of aesthetic and spiritual needs.

Obligations arising between the parties on the basis of an agreement are regulated by Chapter 39 of the Civil Code of the Russian Federation.

The provision of services can also be regulated by other legislative acts. For example, the service is connected with mobile communication facilities and is regulated by the Law "On Communication". Public agreements are governed by the Consumer Protection Law.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issue.

Existing species

The legislation of the Russian Federation establishes that contracts concluded with individuals are civil. It follows from this that with the help of a contract, legal relations arise, change and terminate.

There are two types of contracts:

• paid rendering of services. The Contractor provides a service to the Customer, who subsequently undertakes to pay for it. For example, a medical organization undertakes to conduct an initial medical examination when hiring Ivanova L.L. The cost of the services provided is 5,300 rubles. Acceptance is carried out by obtaining the opinion of the therapist;
• contract work. The Contractor undertakes to complete the list of construction works at the request of the Customer within a certain period of time. For example, Ambalov P.A. undertakes to replace the floor covering in G.D. Ivanov's apartment. until 12/10/2018. The cost of the work is 25,000 rubles. Acceptance is carried out according to the act of completed work, which is signed by the parties.

Important! The customer, in the event of the conclusion of such contracts, should not supply the contractor with a workplace and consumables, and the fulfillment of obligations under the contract imposes all responsibility on the contractor.

The procedure for concluding an agreement with an individual

The conclusion of an agreement for the provision of services is governed by the legislation of the Russian Federation.

An individual can provide services to individuals and legal entities, and depending on the party, there are a number of differences. Let's take a look at what the differences are.

The conclusion of contracts for the provision of services between individuals seems to be very simple, although there are a number of complex nuances.

For example, the form of the contract:

• oral. If the cost is low and the amount of work is small, then it will be advisable. For example, manicure, house cleaning, hair and nail extensions, haircuts, etc.
• written. This form is desirable for any contract, and if the amount of the contract exceeds 10 times the minimum wage, it is mandatory. There is no clear structure for a treaty, although each type of treaty has its own recommendations: what clauses should be included, and so on;
• notary certified. This form is required only if the person concluding the contract cannot sign it on his own due to illness or physical defect. In this case, the representative puts the signature, indicating the reason for this situation, and the notary certifies the contract.

Although in some cases, notarization of transactions is required. For example, an annuity agreement, a mortgage agreement, a will.

Watch the video. Service agreement:

What you should pay attention to

• the performer regularly carries out this activity, he is obliged to officially register himself as an individual entrepreneur;
• when signing an agreement with an organization, it is necessary to check the credentials of the person who signs it. In other situations, the documents of title establish restrictions on the powers of the director.

For example, the charter of a legal entity establishes that a transaction for more than 1.5 million rubles is concluded only with the consent of the founders of the legal entity.

This means that such a deal is concluded only if there is a minutes of the meeting of the founders:

• the legislation does not establish the obligatory allocation of the tax amount, although in order to avoid problems with the tax inspectorate, it is worth clarifying in the agreement after the amount of the agreement “VAT is not subject to”;
• if you need to attract other persons to perform, then this should be prescribed in the contract;
• execution of the contract is confirmed by the acceptance certificate of the work performed, which is signed by the parties to the agreement.

Dates of validity

Service contracts, like any other document, have a validity period. If the date is not set in the agreement, then it is considered to have entered into legal force after being signed by the parties.

Please note! The term for termination of the agreement is indicated in the text or is determined by the fulfillment of mutual obligations of the parties to the agreement, that is, the services have been performed, the funds have been paid, and the parties have no claims.

Taxation

Russian legislation does not prohibit individuals from providing services under a contract, even if this citizen is not registered as an individual entrepreneur. If an individual does not want problems with the law, he should pay tax on the income received.

If the Contractor is an individual, and the Customer is a legal entity, then the obligation to pay taxes lies with the customer. In other cases, an individual pays taxes on his own.

The following tax levies are withheld from the income of an individual that is received from the performance of the contract:

• personal income tax. 13% of the amount of funds specified in the agreement for residents. 30% for non-residents of the Russian Federation;
• contribution to the Russian Pension Fund. 22% of the amount specified in the contract;
• contribution to the Mandatory Health Insurance Fund. 5.1% of the amount specified in the contract.

A sample of an agency agreement concluded between a legal entity and an individual. The principal is not entitled to conclude similar agreements with other persons.

AGENCY CONTRACT

represented by a person acting on the basis, hereinafter referred to as " Principal", On the one hand, and gr. , passport: series, number, issued, residing at:, hereinafter referred to as " Agent", On the other hand, hereinafter referred to as the" Parties ", have entered into this agreement, hereinafter" Contract", About the following:

1.

SUBJECT OF THE CONTRACT

1.1. Under this agreement, the Principal instructs, and the Agent undertakes to perform, on behalf of and at the expense of the Principal, the legal and other actions specified in clause 2.1 of this agreement, and the Principal undertakes to pay the Agent a fee for the execution of this order.

1.2. This agreement is valid on the territory.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The agent undertakes:

• perform other actions on behalf of the Principal.

2.2. The agent is obliged to execute the order given to him in accordance with the instructions of the Principal. The Principal's instructions must be lawful, enforceable and specific.

2.3. The agent is obliged to perform the actions specified in clause 2.1 of the agreement personally and is not entitled to conclude sub-agency agreements with other persons.

2.4. The agent is obliged to inform the Principal at his request of all information about the progress of the execution of the order.

2.5. Everything received by the Agent from third parties for transfer to the Principal, the Agent is obliged to transfer to the Principal at the latest.

2.6. The Agent is responsible for the safety of documents, property and material values ​​received by him from the Principal or third parties in the course of the execution of this agreement.

2.7. After the execution or termination of this agreement, the Agent is obliged to immediately return to the Principal the powers of attorney, the validity of which has not expired, and to submit a report on the progress of the execution of the order in the form approved by the Principal.

2.8. The Agent is also obliged to perform other duties that are assigned to the Agent in accordance with this agreement or the law.

2.9. The principal is obliged:

2.9.1. Issue a power of attorney to the Agent to perform the actions specified in clause 2.1 of this agreement.

2.9.2. Immediately accept the Agent's report, all documents provided by him and everything performed by him in accordance with the contract.

2.9.3. Provide the Agent with everything necessary to fulfill this contract.

2.9.4. Pay the Agent the remuneration stipulated by this agreement.

3. PAYMENT PROCEDURE

3.1. The Agent's remuneration under this agreement is RUB.

3.2. The remuneration is paid to the Agent in the following order:.

4. LIABILITY UNDER THIS AGREEMENT

4.1. In case of non-fulfillment or improper fulfillment by one of the parties of the obligations under this agreement, the parties are liable in accordance with the current legislation.

4.2. In case of loss or non-provision to the Principal of the Principal's property or funds intended for transferring to him, the Agent shall be liable in the amount of actual damage (the value of the lost or not transferred property and (or) the amount of funds).

4.3. In case of delay in providing the Agent with the remuneration due to him, the Principal is obliged to pay to the Agent a penalty in the amount of% of the debt amount for each day of delay.

4.4. If the Agent violates any of the terms of this agreement, he shall pay the Principal a fine in the amount of rubles. The payment of the fine is carried out by the Principal withholding the corresponding sums of money from the Agent's remuneration.

5. FORCE MAJEURE

5.1. The parties are exempt from liability for partial or complete failure to fulfill their obligations under this agreement if this failure was the result of force majeure circumstances that arose after the conclusion of this agreement, which the parties could not foresee or prevent.

5.2. In the event of the occurrence of the circumstances specified in clause 5.1 of this agreement, each party must immediately notify the other party about them in writing. The notice must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, giving an assessment of their impact on the performance by the party of its obligations under this agreement.

5.3. In the event of the occurrence of the circumstances provided for in clause 5.1 of this agreement, the term for the party to fulfill its obligations under this agreement is postponed in proportion to the time during which these circumstances and their consequences operate.

5.4. If the circumstances listed in clause 5.1 of this agreement and their consequences continue to operate for more than months, the parties conduct additional negotiations to identify acceptable alternative ways of executing this agreement.

6. DISPUTE RESOLUTION

6.1. All disputes and disagreements that may arise between the parties on issues that have not been resolved in the text of this agreement will be resolved through negotiations.

6.2. If the disputes are not settled in the negotiation process, the disputes are resolved in the manner prescribed by the current legislation.

7. AMENDMENT AND TERMINATION OF THE AGREEMENT

7.1. This agreement can be changed or terminated by written agreement of the parties, as well as in other cases provided for by law and this agreement.

7.2. The Principal has the right at any time to refuse to execute this agreement by sending a written notice to the Agent within days. In case of cancellation of this agreement, the Principal is obliged, immediately after sending a notification to the Agent, to dispose of his property under the jurisdiction of the Agent, and no later than days to pay the remuneration due to the Agent for actions performed by him before the termination of the agreement and reimburse the expenses actually incurred by him in connection with the execution of the order. Principal.

7.3. The Agent has the right to refuse to execute this agreement at any time by sending a written notice to the Principal within days. The Agent is obliged to take measures necessary to ensure the safety of the Principal's property. The Principal must immediately dispose of his property under the Agent's control, pay the remuneration due to the Agent for actions performed by him before the termination of the contract and reimburse the expenses actually incurred by him in connection with the execution of the Principal's order.

8. FINAL PROVISIONS

8.1. In everything else that is not provided for by this agreement, the parties are guided by the current legislation of the Russian Federation.

8.2. Any changes and additions to this agreement are valid provided they are made in writing and signed by duly authorized representatives of the parties.

8.3. All notices and messages under this agreement must be sent by the parties to each other in writing.

8.4. This agreement comes into force from the moment it is signed by the parties.

8.5. This agreement has been drawn up in two copies with equal legal force, one copy for each of the parties.

9. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

Principal Yur. address: Postal address: INN: KPP: Bank: Account / account: Correspondent / account: BIK:

Agent Registration: Postal address: Passport series: Number: Issued by: By: Phone:

10. SIGNATURES OF THE PARTIES

Principal _________________

Agent _________________

How to conclude an agreement for the provision of services between individuals

Having a contract for the provision of services will help save your time and nerves. A correctly concluded contract will allow you to negotiate all the essential conditions and help protect you from not the most favorable consequences in the future.

Rules for the conclusion of contracts between individuals

A contract is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations (Article 420 of the Civil Code of the Russian Federation). The Civil Code contains a list of types of contracts. An important place is occupied by the contract for the provision of services. It can be concluded between legal entities, a legal entity and an individual, as well as between individuals.

Conclude a contract in writing or orally

The specified agreement can be concluded between individuals, both in simple written form and orally.

The latter form does not mean at all that the contract is invalid. The oral form can only complicate the process of proving its individual conditions in the event of a case being considered in court.

Despite this, the legislation of the Russian Federation enshrines a list of contracts, the conclusion of which is mandatory only in writing. This list includes an agreement for the provision of services concluded between individuals, provided that the amount of the agreement exceeds the amount of the minimum non-taxable income of citizens by twenty or more times.

Terms of the contract for the customer

If you are a customer, there are several points to be covered in the contract.

Subject of the contract

Price and payment procedure

If the service will be provided to you, then the best payment option for you will be payment after the fact, that is, after the parties sign the act of services rendered (you will understand what you are paying for). Prepaid payment is also possible. In this case, you can specify any percentage or determine a specific amount that you are willing to pay before starting the provision of services. The payment procedure can be any, but it is worth remembering that clearly prescribed deadlines will help to avoid unpleasant moments in proving your case in court.

Terms of service provision

Perhaps this is the main condition that you should definitely register. The timing must be very specific. For example: "services must be performed before such and such a date" or "the service must be provided within such and such a number of days from such and such moment." An important feature of the service agreement is the definition of the term for the provision of services.

It is not recommended to prescribe the term in this way: "The service must be performed within 5 days from the date of prepayment." The courts of the Russian Federation interpret this wording ambiguously and there are cases when the contract is recognized as not concluded only because, under this condition, the terms are considered not agreed as one of the essential conditions of the contract.

The moment of signing the act of services rendered

If you are a customer, it is proposed to avoid including such a condition in the contract as: "If the customer does not sign the act within 4 days from the moment the contractor sends it / the end of the provision of services, the service is considered to be rendered properly and the customer's claims are not accepted." You may not have time to sign the act in time for some reason, or the service will be provided of inadequate quality and you will not want to sign the act, but if such a condition exists, you will be forced to accept the work and, moreover, pay for it.

Responsibility of the parties

Responsibility can be provided both in accordance with the law, and a greater or lesser amount of liability can be negotiated with the contractor. Moreover, if you are a customer, it would be more correct not to prescribe responsibility for the delay in making an advance payment.

Terms of the contract for the contractor

Subject of the contract

It is necessary to clearly stipulate all the details of the service provided.

Price and payment procedure

If you provide the service, then the best payment option for you will be prepayment. You can provide for both 100% prepayment and any other, indicating even the specific amount that you would like to receive before the provision of services (so you can be sure that the customer needs your work). The payment procedure can be any, but it is worth remembering that clearly defined deadlines will help you avoid unpleasant moments in proving your case.

Terms of service provision

The deadlines must also be specified very specifically, as in the case of drawing up a contract on the part of the customer. This item must be drawn up by analogy with the customer's contract.

Signing of the act of services rendered

If you are a performer, it is proposed to include the following condition: “If the customer does not sign and does not provide a reasoned refusal to sign the act within 4 days from the moment the performer sends it / the end of the provision of services, the act is considered signed by the parties, and the service is considered to be provided properly and claims the customer is not accepted. " This wording in the contract will protect you from unscrupulous customers who do not want to pay for your services.

Responsibility of the parties

Liability can be provided both in accordance with the law, and a greater or lesser amount of liability can be negotiated with the customer. Moreover, if you are a contractor, it will be more correct to prescribe responsibility for both the delay in making the prepayment, and for the delay in the final settlement.

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Go back to the Agreement of assignment

A contract of order between legal entities, a sample of which can be found on our website, is, in general, an order from one company to another on its behalf to perform one or another volume of specific actions.

Essentially, one organization instructs another to do something on its own behalf and for its own benefit. The reason for concluding a contract of order is often the impossibility of being present at the place of the transaction, as well as insufficient information on the issue to be resolved.

It turns out that one person acts as a party to the transaction not independently, but through another person.

The parties to the commission are called the principal and the attorney. Thus, the attorney enters into a legal transaction, or performs any other actions, and obligations under this agreement arise from the principal, since it was he who authorized the attorney to conclude the transaction.

A contract of order between legal entities is similar to a contract-contract. Both the one and the other document is to perform any specific actions.

As for the term, it may or may not be specified in the contract. This is possible if the logical completion of the contract period coincides with the completion of the fulfillment of its obligations under this agreement.

However, there is more similarity here with the commission agreement. When an agent acts on behalf of a commission agent, for example, he sells his goods, and for this he receives only a certain remuneration. In this case, all the proceeds received from the sale belongs to the commission agent, that is, the owner of the goods.

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At the same time, the agent is not the owner.

The commission is a representation agreement, this is recognized and regulated by the Civil Code. The rights and obligations upon its conclusion arise at once for both parties. In such an agreement, it is necessary to distinguish between the concept of attorney's costs from the concept of his remuneration.

For example, a contract of order may be free of charge, when it does not stipulate the remuneration that the attorney must entrust. However, due to the need to perform any actions in favor of the principal, the attorney may incur costs. Reimbursement of these costs in accordance with the Civil Code shall be borne by the principal.

For all its peculiarities, the order is not a power of attorney. That is, when concluding this agreement, an additional power of attorney must be issued to the attorney, which will confirm his powers and on the basis of which he will be able to exercise his powers.

The contract of order between legal entities is concluded according to the standard model and is governed by the norms of Chapter 49 of the Civil Code of the Russian Federation. The essence of the agreement is that one party undertakes to perform certain legal actions on behalf of and at the expense of the other party.

A competently drafted contract of agency between legal entities allows you to organize commercial representation on mutually beneficial terms, and also protects the interests of both parties as much as possible. Important: an attorney can perform duties only on the basis of a power of attorney issued by the trustee.

The agreement is drawn up in simple written form. Its essential condition is the subject. By law, a contract of agency between legal entities may be free of charge.

A well-drafted agreement contains the following points:

Names of the parties, their addresses and other details;

The list of legal and other actions that the attorney undertakes to perform;

The duration of the agreement;

The deadline for the fulfillment of obligations;

Rights, obligations and responsibilities of the parties;

The order of delivery and acceptance of works;

Cost and settlement procedure (if the contract is not free of charge);

Ways to resolve conflicts.

Please note that the commission agreement is similar to the commission agreement. In the first case, the attorney acts on behalf of the principal, and in the second, he does not become a party to the legal relationship between the principal and a third party.

The agreement between the enterprise and the citizen is in simple written form and has a similar structure. The document consists of the details of the parties, a description of the item, cost and other important conditions.

Storage agreement
Insurance contract
Loan agreement
Loan agreement
Pledge agreement

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The proper execution of the transaction is a pledge of the proper fulfillment by the parties of all obligations assumed. This is especially true when one of the parties to the agreement is a citizen.

Legal regulation

If a citizen or an organization wishes to conclude a work contract with an individual, then you should first familiarize yourself with the provisions of Articles 702 - 729 of the Civil Code of the Russian Federation, which contains general provisions on the procedure for the execution of this transaction.

Also, the company should study the provisions of the legislation governing the procedure for collecting taxes under contracts with individuals and issues of social insurance.

In what cases is it?

Practically every person is familiar with performing any work on a reimbursable basis. Execution of a work contract may consist in performing the following actions:

• making a new item (for example, creating furniture);
• upgrading an item (for example, installing additional equipment in a car, changing any characteristics of an item);
• other work (for example, development of design documentation for construction).

Work under a work contract concluded with an individual must be strictly defined by a specific task. An employee hired in accordance with the requirements of labor legislation performs all tasks stipulated by his job description and other internal documents. For example, a painter is invited to paint the walls of a building and, accordingly, performs any painting and plastering work that a need arises.

Drawing up such an agreement is possible if the work performed by the citizen is of a one-time nature. Otherwise, the relations of the parties will be recognized as labor relations. An example of such a contract is to hire a seller in a store - in such a place, the sale of goods will always be in demand.

Document form

The legislation does not provide for a special clause regarding the form of a work contract with an individual. Organizations try to draw up such documents in writing to make it easier to calculate costs and to protect themselves from improper work.

Often, a work contract is concluded between individuals in the form of an oral agreement. An example is urgent repair of clothing or making a duplicate key. The terms of the work are negotiated separately, the fact of the work and its payment is confirmed by the issuance of a check.

In 2017, more and more work contracts with individuals are concluded in the form of written agreements, since the parties can easily find a suitable sample on the Internet.

Terms of an agreement

You can draw up a work contract with an individual on your own, taking any sample as a basis. If the formulation of the provisions of the document causes difficulties, then it is better to seek help from lawyers.

Essential conditions

The legislation contains several mandatory requirements for this document. Without fail, in a work contract of any nature, including with an individual, the terms of work and their cost should be prescribed. If this is not done, the agreement will be considered not concluded, that is, not legally binding.

Usually indicate the date of commencement of the execution of the agreement and the date when the contractor must transfer the required result to the customer. If this condition is not met, penalties are applied to the contractor.

In some cases, the countdown of the term of the contract with physical. face starts after a certain event. For example, since the transfer of raw materials supplied by the customer.

Rights and obligations of the customer

The customer has the authority to demand that the work be completed within the time period stipulated in the agreement.

The customer is obliged to accept the work and pay for it in accordance with the requirements of the agreement. He must also provide assistance to the performer, for example, provide him with the necessary information.

If an individual does not have the status of an individual entrepreneur, then the customer, when paying money under a work contract, should withhold the amount of personal income tax. This should be done by the customer's accounting department. Also, contributions to the Social Insurance Fund and the pension fund should be withheld from the remuneration under the contract with an individual, as if the citizen was on the staff of the company.

If a work contract is signed with an individual registered as an individual entrepreneur, then the citizen will pay taxes on his own.

The customer does not need to perform any additional actions.

The rights and obligations of the performer

The citizen must carry out the work on time and in accordance with the quality requirements for the product under normal conditions.

The possibility of reassigning certain operations to other employees is separately stipulated. The involvement of third parties is especially often observed in construction contracts with individuals.

The contractor has the right to demand to accept and pay for the work performed. If there is a duty of the customer to provide the contractor with any materials or documents, then the contractor should be able to demand the transfer of these things.

Service agreement

The civil law provides for a procedure for the execution of the most common types of transactions. And a work contract with an individual cannot be concluded for services. The result of the implementation of such an agreement must necessarily be materialized. That is, it can be seen, touched or otherwise felt.

If an individual needs legal advice or an expert opinion, then a contract for the provision of services is concluded, and not an agreement for the performance of a contract. These are completely different documents.

If an organization has entered into a work contract with an individual, but it was not work that was indicated as the subject, but the provision of certain services, then the rules of Chapter 39 of the Civil Code of the Russian Federation will apply to such legal relations.

If you need qualified advice in relation to your situation - call the phone number listed at the top of the page, or send a question through the form at the bottom right of the screen. Our specialized lawyer will promptly answer and solve your problem!

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Home / On a note / Registration of contractual relations between an individual and a legal entity

Recently, there are more and more cases when individuals provide intermediary services to legal entities... The conclusion of such contracts is due to the desire of individuals to earn money. Legal entities often enter into this kind of relationship, because get some economic benefit. Such transactions are found in many sectors of the economy. How to properly formalize such a relationship, we will consider below.

The contractual relationship for the provision of intermediary services is best formalized in the form of an order, by concluding commission agreement between a legal entity and an individual.

According to paragraphs. 1, 2 tbsp. 971 of the Civil Code of the Russian Federation under the contract of order, one party (attorney) undertakes to perform on behalf and at the expense of the other party (principal) certain legal actions... The rights and obligations under a transaction made by an attorney arise directly from the principal.

In our case, the party to the contract is individual(not having the status of an individual entrepreneur) that imposes an obligation on a legal entity at the conclusion of the contract to deduct from the remuneration of the first individual income tax which will be 13% of the amount of the attorney's fee... The parties can agree on the inclusion / non-inclusion of tax in the cost of remuneration of an individual. Thus, there are 2 options for paying for intermediary services. Let's consider the above situation with an example:

• Citizen A has entered into with Company B commission agreement, the cost of services for which is 10,000 rubles... A separate clause of the agreement provides for the obligation of company B to pay 13% (personal income tax) for an individual in excess of the cost of services... Then, in addition to paying the cost of services in the amount of 10,000 rubles, company B undertakes to pay tax in the amount of 1,300 rubles for the other side of the contract.

➙ Most often there are agreements in which the tax amount is initially included in the cost of services. In this case, the cost of services under the agreement will be 11,300 rubles, including personal income tax.

➙ Meet and reverse situations, in which the payment of personal income tax by the parties is not agreed, and a legal entity withholds tax from the cost of services... It turns out that at the cost of services of 10,000 rubles, a legal entity withholds 1,300 rubles, and an individual receives only 8,700 rubles.

It should be noted that when concluding surety agreements between an individual and a legal entity, duty to pay tax under the contract is assigned to the latter, who must withhold and transfer tax at the place of its registration.

Specialists of the Multidisciplinary Legal Center will provide you with qualified assistance in drafting various kinds of contracts, draft contracts, additional agreements. You just need to call and sign up for a consultation ("Contacts" tab).

Remember that a properly executed contractual relationship is the main criterion for ensuring the fulfillment of an obligation.

Prepared using materials from the ATP "ConsultantPlus"