How to conclude an agreement between an individual entrepreneur and an individual entrepreneur, the nuances of drawing up the document. On what basis does an individual entrepreneur act when concluding an agreement with a legal entity or individual?

The bulk of small businesses are LLCs and individual entrepreneurs. The legislation provides as much as possible for all issues that may arise during the interaction of these organizations. However, some nuances still require a detailed approach.

These include the signing of various agreements. Immediately concluding an agreement with an individual entrepreneur is somewhat problematic. This is due to the entrepreneur’s lack of a legal department or at least a visiting consultant. Some organizations also have a similar problem.

An individual entrepreneur is allowed to carry out commercial activities. It must be approved by the Unified State Register of Individual Entrepreneurs and be recorded in the tax certificate. The organizational and legal form of an individual entrepreneur is not a legal entity.

The difference between subjects lies in their responsibility. If an entrepreneur violates any clause of the contract, sanctions will be imposed on his property. A limited liability organization in such a situation risks its authorized capital.

The legislation of the Russian Federation allows the conclusion of oral agreements between subjects. Important: if there are any conflicts, resolving them will be quite difficult.

What does a standard contract look like?

Any formal written contract has a number of specific clauses. The case of individual entrepreneurs and LLCs is no exception. A sample agreement looks like this:

1. Introduction. This part contains the full name and legal status of persons representing both parties. Sometimes the full date and time at the time the agreement was signed is indicated.
2. Subject part. The section clearly states the reasons for concluding this transaction. It is necessary to thoroughly record the subject of the agreement between the parties (for example, renting out premises, selling a product, etc.).
3. The third paragraph clearly regulates the rights and obligations of all parties to the agreement.
4. The financial side of the issue. The amount and method of calculation should be indicated.
5. Time frame. A clear delineation of the time limits allocated to both parties to fulfill these obligations is required.
6. Additional information. Here you should specify special conditions and nuances that are characteristic of a specific transaction.
7. Responsibility of the parties. Both parties agree to the application of permissible sanctions against them in case of violation of the terms of the agreement.
8. Conditions under which cancellation of a transaction is allowed.
9. Conclusion. Since controversial issues cannot be excluded, ways and means of resolving them should be outlined here.
10. Entering details of both parties.

It is necessary to remember some nuances of such cooperation. Being an individual entrepreneur has some small advantages. Based on the preferred option, the individual entrepreneur may not provide his details at the time of signing the agreement. According to the sample, the agreement between the individual entrepreneur and the LLC must be drawn up taking into account the legal status of both enterprises. Otherwise, the resolution of any controversial issues may be delayed.

How to compose correctly

Despite the commonality of the situation and the availability of a standard contract form, you should familiarize yourself with some of the subtleties. Then there can be no doubt about the correctness of the agreement.

• To begin with, both parties need to formulate their own requirements as correctly as possible. Their vagueness and uncertainty can play a cruel joke on the party to the agreement when conflict situations arise.
• The ideal option is for a lawyer to be present at the time of signing the contract. Often, due to legal incompetence, the parties draw up a document that has ambiguous interpretations of some points.
• An individual entrepreneur must carefully check all the information that the LLC provides to him. It will not be superfluous to review an extract from the Unified State Register of Legal Entities and the company’s charter. An entrepreneur should find out about the official and actual location of the enterprise.

The listed points will help the individual entrepreneur avoid a transaction with an unscrupulous entity. In addition, the LLC may be in the process of complete reorganization or liquidation. It is better to know about such moments in advance.

The LLC has the right to similarly check the entrepreneur. The extract from the Unified State Register of Legal Entities should be supplemented with information about the date of registration of the individual entrepreneur, as well as permissible types of activities.

Documents required from the individual entrepreneur

The agreement between the individual entrepreneur and the LLC is concluded taking into account the tax system of the entrepreneur. If the subject of the transaction is the provision of any services, it is necessary to draw up a corresponding act. Delivery of goods or other type of activity will require the preparation of a package of documents.

These documents include:

• Photocopies of the main pages of the passport.
• A copy of the entrepreneur's TIN.
• A copy of the document on tax registration and registration in the Unified State Register of Legal Entities.
• Extract from the register.

Types and features of agreements

All valid agreements between individual entrepreneurs and LLCs can be classified as follows:

1. To provide services on a reimbursable basis. According to the document, the contractor provides the required services, and the customer pays for them. Both must be completed within the agreed time frame and scope.
2. Purchase and sale. The most common type of transaction. One subject plays the role of a supplier of something, the second pays for this manipulation on time.
3. Contract agreement. One of the entities acts as a contractor, performing pre-agreed work. The responsibilities of the second include accepting and paying for the actions performed by the contractor.
4. Loan agreement. The parties provide each other with any valuables (not always money) for a set time. Upon expiration, the loan is returned in the required form and condition (discussed in advance).
5. Rental of premises. Payment occurs at a time convenient for both parties (day, month, at the end of the contract).

Any of these transactions has its own subtleties that correspond to its specifics. When filling out the purchase and sale agreement form, the parties must develop a Provision in the event of defects, breakdowns or deviations from the agreed dates.

Often, instead of this agreement, an invoice agreement is used. The paper contains information about the product, its delivery and the possibility of refusal or return. You can pay for manipulations through cash and non-cash payments.

When drawing up a contract, you should designate the party paying taxes. According to Russian legislation, this responsibility falls on the shoulders of the contractor. LLCs often take advantage of this fact. By hiring individual entrepreneurs to provide this type of service, they actually remove tax obligations from their organization.

Having decided to rent out something (premises, equipment, cars, etc.), the subject must indicate the estimated value of his goods. In this case, you can make an inventory of the property and mention the current condition.

Providing an interest-free loan requires special care. This nuance must be mentioned in the agreement. Deviation from the rule automatically makes the contract interest-bearing. It is important to agree in advance on who pays taxes.

Concluding an agreement between an LLC and an individual entrepreneur is not a very complicated procedure. It requires a detailed analysis, which, however, will help prevent any conflicts.

There are several types of contracts with an individual entrepreneur (IP), and the rules for filling out a specific sample depend on the party entering into the agreement.

LLC agreement with individual entrepreneur

Any forms of cooperation between an LLC and an individual entrepreneur must have a corresponding paper document - in most cases, an agreement is concluded according to a certain sample. The specific type of agreement depends on the type of transaction between organizations:

• rent;
• supply;
• contract.

Both companies can provide each other with any services not prohibited by law:

• delivery of employees and/or cargo to any location;
• courier and postal services;
• settlement services (accounting);
• maintenance of technical facilities;
• provision of facility security services;
• search activities;
• garbage removal, cleaning the area and maintaining order and many others.

PLEASE NOTE. Before concluding any agreement with an LLC, it is better to play it safe and request documentation that confirms the legality of the company’s registration (Charter, extract from the Unified State Register of Legal Entities, tax documents).

Sample contracts with individual entrepreneurs have standard forms that can be modified in accordance with each specific case. Regardless of the specific type of transaction and services provided, the document always has several sections:

1. Preamble (date, place, name of the agreement, names of the parties with details).
2. An item detailing the nature of the agreement.
3. The rights of the parties in connection with the agreement, as well as their mutual obligations.
4. Procedure for validity and termination of the contract.
5. Transaction amount, payment procedure.
6. Other typical points (what responsibilities the parties bear, additional conditions, signatures).

In some cases, when concluding a particular transaction, it is important to take into account a number of specific features:

1. IN lease agreement it is better to draw up a detailed inventory of the objects and property being leased - usually for this purpose a separate act of acceptance and transfer of property is drawn up, which relates directly to the main contract (i.e. it is an integral part). Separately, such an agreement provides for the rights and obligations of the tenant regarding the use of the property, the terms for payment, as well as the minimum period within which he is obliged to notify the lessor that he intends to terminate the agreement.
2. Supply contract is most often concluded between an LLC and an individual entrepreneur, since this particular transaction involves the purchase of goods. Therefore, it is important to separately provide for the conditions and terms of return, as well as quality requirements and possible penalties. If the parties have been cooperating for a long time and already trust each other, then invoices can be paid electronically: this condition should also be stated separately in the contract.
3. Signing contract agreements involves the provision by one party for another of certain activities (services) for a fee. Sometimes the parties draw up another type of agreement, which is called a paid service agreement. A detailed description of the differences between these documents is given in the corresponding section. Regardless of the type of document, the agreement is considered officially executed only after the signing of a special acceptance certificate.

Employment contract with individual entrepreneur

The law describes several requirements for the content of an employment contract, regardless of who exactly the employer is.

The document must contain the following information:

1. Place of work. In this case, it is important for the employee to pay attention to the fact that only one object is indicated as the territory of work. Despite the apparent obviousness of this point, in reality, entrepreneurs can indicate different addresses, assuming that, if necessary, they will be able to oblige the employee to work for several days there. Therefore, before signing, you need to carefully study all the details.
2. Responsibilities of the employee – i.e. all his functions that he must perform at work.
3. Indication of the day from which the citizen must begin performing duties (first working day). This is also a rather important point - in many cases, entrepreneurs organize unpaid internships, training courses, etc. for job candidates. Therefore, it is necessary to specifically determine on what day labor, rather than civil, relations begin.
4. Remuneration - the amount of salary, tariff or hourly rate, possible bonuses, bonuses, coefficients that are established due to the unfavorable climate of the region.
5. Work schedule, number of hours per shift, number and procedure for assigning days off.
6. Social guarantees - payment for the provision of vacation pay, as well as sick leave.
7. Details of the parties - for individual entrepreneurs, the TIN must be indicated.

PLEASE NOTE. Sections of the agreement may have different names, but if any of these points are missing in content, then the employment contract with the individual entrepreneur loses legal force.

Often, employment contracts contain additional clauses that describe in detail working conditions, the presence and features of a probationary period, as well as requirements for non-disclosure of commercial or state secrets, etc.

At the same time, employment contracts, as usual, are divided into fixed-term and unlimited-term, which is also stated in the document. A sample of a typical individual entrepreneur agreement with an employee is presented below.

In some cases, it is more profitable for an entrepreneur or employee to conclude not an employment contract, but a so-called GPC (civil law) agreement. Speaking very generally, an employment contract presupposes the emergence of labor relations between the parties, and the civil process agreement presupposes the emergence of civil relations. This greatly affects the legal consequences, features of record keeping and forms of interaction between the parties. A visual comparison of both documents is presented in the table.

comparison sign	employment contract	GPC agreement
essence	receipt by the employee of work, and by the employer - the results of the employee’s labor under certain conditions	conclusion of an agreement under which an individual provides certain services in favor of an individual entrepreneur without registration with the state
employee disciplinary liability	available (reprimands, depreciation, dismissal under article)	absent
mutual financial liability	available	available (property)
wages (services)	clearly stated in the contract: salary and bonuses, regional coefficients, compensation, etc.	only for specifically completed work with a description of quality requirements, methods for assessing the result (paid only upon the fact)
social package, benefits, vacation pay, sick leave, length of service	must be taken into account in full compliance with labor standards	length of service is taken into account, but there is no vacation, sick leave is also not paid
paperwork	All necessary entries must be made in the work book	only the contract and, if necessary, its annexes and/or additional agreements are signed
compliance with internal labor regulations	Necessarily	there is no such thing

A specialist’s commentary on the differences between these documents can be seen here.

Thus, the GPC agreement is more focused on the results of activities themselves, on the quality and timing of their implementation. At the same time, the employment contract pays a lot of attention to the schedule, days off, work and rest, and also provides for all social benefits to the employee.

Individual entrepreneur agreement with an individual

Civil contracts that an individual entrepreneur can conclude with a private citizen (and not with an individual entrepreneur, company, LLC, etc.) include two types of documents:

1. Contract agreement.
2. Contract for paid services.

Despite the similar purpose of these documents (providing a certain service for a fee), there are several significant differences between them, which are presented in the table.

comparison sign	contract	contract for paid services
actual work result	material (repair, creation of a product, construction of an object, etc.)	intangible (massage, training, delivery, etc.)
possibility of termination of the contract	The contractor can refuse to perform work only in 3 cases: Ø significant increase in the cost of materials and equipment; Ø if the customer did not provide the necessary equipment; Ø if it turns out to be of poor quality.	at any time at the request of either party
How are losses due to termination compensated?	the customer transfers the amount to the contractor upon completion of the work	the contractor shall compensate for all losses if the refusal occurred on his initiative
involvement of third parties	possible at the initiative of the contractor	possibly at the initiative of the performer
indication of work deadlines	mandatory - this is an essential condition of the contract	mandatory, except in cases where this is objectively impossible to do
law enforcement	it is impossible to apply the law “On the Protection of Consumer Rights” (except for those cases when the results of activities directly affect consumers - for example, household needs)	it is possible to apply the law “On Protection of Consumer Rights”

Thus, from a legal point of view, contracts for the provision of services and paid services differ significantly. At the same time, the parties cannot arbitrarily choose one or another type of agreement, since they are concluded depending on the specific types of activities carried out by a private citizen in favor of an individual entrepreneur.

These agreements are signed in cases where it is obvious that the citizen will not cooperate with the entrepreneur for a long period of time, and we are talking only about a one-time provision of a service for a fee. In this case, the document has a number of advantages compared to an employment contract:

• no need to create a work book;
• no need to make mandatory contributions for the employee;
• Vacations or sick leave are not paid.

That is, there is no employment relationship between the individual entrepreneur and the employee - we are simply talking about the provision of services within a certain period. The only downside is that the entrepreneur is obliged to pay tax, because he acts as an intermediary between the state and the employee, who, thanks to the individual entrepreneur, gets the opportunity to earn money. If a contract or service agreement is concluded with an LLC, such tax is not paid.

The contract must specify:

1. Information about the parties.
2. The cost of the work, and in what time frame it must be completed (including taking into account delays due to objective circumstances).
3. A clear description of the types of work, quality requirements, as well as the procedure for accepting the work (indicating the need to sign the relevant act).
4. Mutual obligations, guarantees and responsibility to each other and to the law.
5. The procedure for terminating the agreement and the procedure for resolving disputes in pre-trial proceedings.
6. Signatures of the parties, date and place of execution of the document.

A sample contract agreement with an individual entrepreneur is presented below.

An agreement for the provision of services (options: an agreement for the provision of services for a fee, an agreement for the provision of services) is one of the ways to formalize relations between contractors. It is used in cases where one party provides any services to another for a fee. A well-drafted agreement will simplify the resolution of disputes between the parties and avoid unnecessary problems.

Agreement with individual entrepreneurs for the provision of services

An agreement for the provision of services is concluded between two parties, one of which, acting as a consumer of services, takes on the role of a customer. In turn, the party that provides these services is the performer.

Such an agreement can be concluded between:

• Individual entrepreneur and legal entity;
• Individual entrepreneur and individual;
• individual and legal entity;
• two individual entrepreneurs;
• two legal entities;
• two individuals.

In other words: when using this version of a written agreement, the individual entrepreneur can take on the role of both the customer and the contractor, and the other party to the contract can be another individual entrepreneur.

In Art. 779 of the Civil Code (Civil Code) of the Russian Federation spells out the wording “agreement for the provision of paid services”. It is better to adhere to it in the text of the contract, however, alternative options are acceptable in everyday life.

Civil Code of the Russian Federation - the legal basis of contracts for the provision of services

When is it necessary to enter into a contract for the provision of paid services?

The Civil Code of the Russian Federation stipulates that a contract for the provision of services is one in which the contractor undertakes to provide certain services, and the customer undertakes to pay for them.

According to Art. 779 of the Civil Code of the Russian Federation, such services clearly include:

• medical;
• veterinary;
• tourist;
• audit;
• consulting;
• informational;
• educational.

In accordance with the same article, the rules governing the provision of services are not applicable to such contracts:

• contract, including household, construction, for design and survey work and for the needs of state and municipal authorities, a contract means the manufacture or processing of an item and other work, the result of which is transferred to the customer;
• on the implementation of research, development and technological work;
• on the transportation of passengers and cargo;
• transport expedition;
• bank deposit, account, settlements;
• storage;
• instructions;
• commissions.

For any services not included in both of the above lists, a contract for the provision of paid services can be concluded.

Cases when an agreement for the provision of paid services should or can be concluded are stipulated in Art. 779 Civil Code of the Russian Federation

Requirements for the content of the contract for the provision of services with individual entrepreneurs

One of the features of a contract for the provision of services is the need to determine the contractor and his obligation to have and present to the customer upon request documents confirming the relevant authority. In the case of individual entrepreneurs, these include:

• documents confirming the state registration of the individual entrepreneur (certificate of state registration of the individual entrepreneur, confirmation of the entry into the Unified State Register of Entrepreneurs of the state registration of the individual entrepreneur, extract from the Unified State Register of Individual Entrepreneurs);
• documents confirming the right of an individual entrepreneur to engage in one or another type of activity to which the services provided relate (if applicable);
• license, if the subject of the contract is the provision of services within the scope of the type of activity subject to licensing (for example, educational services).

It makes sense to reflect the details of these documents in the text of the contract. Here, if applicable, you can provide the output of the relevant licenses and other permits.

For example: “...IP Ivanov Ivan Ivanovich represented by Ivanov Ivan Ivanovich, acting on the basis of a certificate of state registration of individual entrepreneur (series, number) dated (date of issue), OGRNIP...”.

The contractor is obliged to provide information about the services provided and explanations, if any, to the customer at any stage of concluding the contract and during the period of validity of the agreement, regardless of whether this condition is reflected in the text of the contract.

If the work of an individual entrepreneur requires a license, he is obliged to present it to the customer of the services

It is also desirable, although not necessary, to include the following provisions in the contract:

• requirements for the quality of services provided (if they are not included in the contract, requirements for similar services apply);
• the customer’s obligation to reimburse the contractor for all costs associated with the provision of services under the contract (this arises regardless of the presence of a corresponding provision in the contract), and the procedure for paying such compensation;
• terms of service provision, sanctions for delay;
• terms and procedure for payment for services provided (payment can be full or partial), sanctions for late payments;
• the customer’s obligation to pay in full the cost of services provided by the contractor not entirely through the customer’s fault (this obligation arises even if the corresponding clause is absent from the contract).

If an individual entrepreneur applies the general taxation system, that is, is a personal income tax payer, he can take advantage of the right to a professional tax deduction. It is beneficial for him if the amount of such costs does not exceed 20% (the amount of deduction) of the remuneration under the contract. In this case, he just needs to add all the costs to the amount of remuneration.

Requirements for drawing up a service agreement with an individual entrepreneur

When concluding a service agreement, the easiest way is to use a standard document as a template. If necessary, additional chapters and individual provisions can be added to it at the discretion of the parties.

A mandatory condition for concluding a written agreement is its certification by the signatures of the parties and the seals of those of them who have them. Thus, on the part of the legal entity with which the agreement is concluded, a seal under its text is required. If the individual entrepreneur has a seal, he must put it too.

The agreement must be certified by signatures and seals (if any)

The procedure for changing the contract for the provision of services with individual entrepreneurs

Any change in the essential terms of the service agreement must be documented. To do this, it is not necessary to enter into a new agreement; it is enough to draw up and sign an additional agreement to the existing one. You can take a standard sample as a basis, adding chapters or individual provisions to it, if necessary, or setting out existing ones in your own edition at the discretion of the parties.

The main legal requirement for an additional agreement is that it must be concluded in the same form in which the agreement itself was concluded. In practice, a simple written form is most often used (there is no legal requirement for notarization for such documents). Accordingly, when the agreement itself is signed and, if applicable, sealed by the parties, each additional agreement to it is similarly certified.

The main reasons for making changes to the service agreement are:

• change in the amount, terms and procedure of payment;
• changes in the timing and quality of service provision;
• replacement of the contractor or customer;
• engaging a contractor if this is of fundamental importance to the customer.

If adjustments need to be made to the contract, the parties enter into an additional agreement

It is possible to make adjustments to the contract for other reasons if the parties are interested in this.

If the terms of the contract are changed, if they entail losses for one party or another, it has the right to demand compensation from the other, including the customer’s lost profits. But these losses must be documented.

Procedure for terminating a service agreement

Early termination of a service agreement can also be formalized by the parties signing a corresponding additional agreement. The terms of the agreement may also provide for a different procedure for its termination. In practice, most often, one party sends the other a corresponding notice, and after receiving it, the contract automatically ceases to be valid.

Upon termination of the contract, the customer is obliged to fully reimburse the actual expenses of the contractor. When the termination of the relationship is initiated by the contractor, the customer has the right to demand compensation from him for actual damage and lost profits, if these are documented. However, in practice, performers initiate termination of contracts rather as an exception.

Signing of additional agreements is not required in the event of liquidation of a legal entity, termination of the activities of an individual entrepreneur or death of an individual, including an individual entrepreneur, unless succession is established by law.

Video: about the contract for paid services

Can an individual entrepreneur do without a service agreement?

The obligation to conclude a contract for the provision of services in simple written form is provided for by law only for legal entities, and individual entrepreneurs do not apply to them. However, even in relation to a legal entity, the concept of a simple written form is interpreted quite flexibly. So there are some ambiguities in this matter.

An analysis of lawyers' comments shows that written form does not necessarily imply the existence of a document called an agreement. In practice, signed acts of service provision are quite sufficient.

The same rule fully applies to individual entrepreneurs. Moreover, the state, represented by the tax authorities, is only interested in whether the individual entrepreneur has declared the income received and whether he has paid taxes on it. And if these conditions are met, no questions will arise for him. And contracts relate to the sphere of his relations with counterparties, which the state does not particularly concern.

So if for some reason the individual entrepreneur did not enter into an agreement with his customer, there is no violation of this.

At the same time, it is still better to conclude an agreement, at least for mutual peace of mind. If any controversial situation arises, the agreement signed by both parties, which reflects certain obligations, the failure of which became a stumbling block, will look like a reinforced concrete argument in court or regulatory authorities.

The party acting as the customer and being a legal entity is usually interested in having an agreement, because when it exists, it is easier for it to keep track of its expenses in accounting.

Video about concluding a contract for paid services

Types of service contracts

The type of contract is determined by the nature of the service provided under its terms.

Agreement for the provision of consulting services

Consultation refers to the type of information provided in the form of advice, recommendations or expertise by specialists with specialized education in the relevant field.

In particular, the following types of counseling are distinguished:

• legal;
• accounting;
• tax;
• marketing;
• managerial;
• investment;
• financial;
• in the real estate industry.

Other options are also possible.

Consulting services are usually distinguished from other services in related fields. For example, if a lawyer draws up a contract for a customer, and an accountant draws up an annual or quarterly report, this is no longer consulting, but a separate legal or accounting service that cannot be regarded as consultation. But if a specialist of the relevant profile has read the document provided by the customer and made his comments, this is consulting.

You can draw up a contract for the provision of paid consulting services using a sample. Upon provision of services, a delivery and acceptance certificate is drawn up and signed by the parties.

Sample acceptance certificate for consulting services, part 1

The illustration shows a sample of an act drawn up between two legal entities. In the case where the party is an individual entrepreneur, the following wording can be used to designate it: “...Individual entrepreneur Ivanov Ivan Ivanovich, acting on the basis of a certificate of state registration (or an extract on making a record of state registration in the Unified State Register of Entrepreneurs) ....”

Sample acceptance certificate for consulting services, part 2

When the executor under the contract is an individual entrepreneur, in the section “From the executor” it is indicated: “Individual entrepreneur Ivanov Ivan Ivanovich.”

Agreement for the provision of courier services

The subject of the contract for the provision of courier services for a fee is the delivery of documents and small-sized cargo by the contractor on the instructions of the customer to the addresses specified by him. It is also possible to accept documents and cargo from third parties on the customer’s instructions and deliver them to the customer himself or to third parties.

The contractor receives a list of addresses for delivery and receipt of cargo from the customer orally or in writing through communication channels convenient for both parties (under signature in paper form, by e-mail, by phone, through instant messengers, in person, etc.).

It is usually of fundamental importance whether the contractor does the work himself or through his employees and guarantees complete confidentiality. It makes sense to reflect all this in the terms of the contract.

You can draw up such an agreement using a sample. The standard form will also help in drawing up an act, which is usually drawn up at the end of a month or other period provided for by the terms of the contract.

Example of a contract for the provision of courier services

Example of a contract for courier services, part 1
Example of a contract for courier services, part 2 Example of a contract for courier services, part 3 Example of a contract for courier services, part 4 Example of a contract for courier services, part 5

Agreement for the provision of legal services

Legal services are considered:

• oral and written consultations on legal issues;
• drafting legal documents: contracts, claims, lawsuits;
• legal support for the economic activities of an enterprise or individual entrepreneur;
• registration of enterprises, organizations and individual entrepreneurs, obtaining extracts from the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs;
• registration of ownership rights to real estate in the Unified State Register and obtaining extracts from the Unified State Register;
• legal support of real estate transactions;
• conducting client affairs, representing his interests in court;
• collection of receivables and control over enforcement proceedings.

If the legal assistance provided to the client is limited to consultations, it is sufficient to conclude an agreement for the provision of consulting services. However, the law does not contain strict restrictions in this regard: it is also possible to conclude an agreement for the provision of legal services, including consultations, or separate agreements for legal and consulting services - as the parties see fit.

Part of the costs under the contract for the provision of legal services may be reimbursed by the losing party as legal costs. However, these do not include:

• legal advice;
• conducting legal due diligence;
• collecting evidence in the case;
• reward for a successful claim.

If the contract does not specify the price of legal services, it is determined in the manner established in clause 3 of Art. 424 Civil Code of the Russian Federation.

You can draw up a contract using a standard template.

Sample acceptance certificate for legal services, part 1

The fact of provision of services is confirmed by the act signed by the parties.

Sample acceptance certificate for legal services, part 2

The customer under a legal services agreement is often an individual. In this case, it is sufficient to mention only his full name in the relevant sections of the agreement and act.

Video about the contract for the provision of legal services

Contract for the provision of design services

The concept of design services today covers a fairly wide range of activities. After all, you cannot do without the help of a professional designer when creating a logo, corporate identity, original layouts of printed materials; they are also in demand when developing the appearance and interior of buildings and structures, and much more.

A sample will help you draw up an agreement and appendices to it, covering the specifics of design services.

Video about the interior design contract

Agreement for the provision of educational services

A key feature of the contract for the provision of educational services for a fee with individual entrepreneurs is that this process is regulated by the Rules for the provision of educational services, approved by Decree of the Government of the Russian Federation of July 5, 2001 No. 505.

When drawing up this version of the contract for the provision of services, it is best to rely on the approximate form of such a document, approved by Order of the Ministry of Education of the Russian Federation dated July 10, 2003 No. 2994.

An agreement is concluded with each student or other consumer of educational services. If services are provided to a minor, the contract is concluded on his behalf by his parents or other legal representatives.

Standard samples of contracts and acts will help in preparing documents. The latter is aimed at a public school; instead of its details, you can use the entrepreneur’s data.

Video about the agreement for the provision of educational services

Agreement for the provision of real estate services

The role of the customer under a contract for the provision of paid real estate services is most often played by individuals, but it also happens that an enterprise or individual entrepreneur who purchases real estate for use in commercial activities also acts in this capacity.

Video about the contract for the provision of real estate services

Agreement for the provision of tourist services

In the vast majority of cases, the role of the customer under an agreement for the provision of tourism services is an individual. In the text of the contract, the term tourist is usually used to define it, and the performer is usually called a travel agent or tour operator.

Players in the tourism services market are divided into tour operators and travel agents. A tour operator develops its own tours, a travel agent sells a product developed by tour operators.

Another feature of tourism services is that the role of a tour operator and even a travel agent mainly comes down to the implementation of services provided by others. Whether it is a package or individual tour, a company or individual entrepreneur specializing in tourism acts as an intermediary. And all services for travel to the destination and back, transfer from the station or airport to the hotel, accommodation, meals and excursion services, if they are included in the price of the tour, are provided to the tourist by third parties.

However, the sphere of tourism services can also include, for example, the activities of individual entrepreneurs specializing in excursion services and offering their own proprietary excursions. But in practice, in such cases, the parties most often do without an agreement.

Another feature of the tourism business is that the client can evaluate the quality of services provided only upon returning from a trip, and prepayment is made on the basis of an invoice issued by a travel agent or tour operator through a bank or in cash at the cash desk. Therefore, in practice the acceptance certificate is usually not signed, and the contract pays special attention to:

• the procedure for making an advance payment (most often, some advance payment is made when booking a tour, and the rest of the amount is made according to the schedule agreed upon by the parties before departure; full prepayment when booking is also possible);
• refund of paid amounts in case of cancellation of the tour (as a rule, the less time left before departure, the greater the non-refundable amount);
• settlement of claims.

In the field of tourism, an individual entrepreneur may well be involved in organizing group trips

However, in terms of claims, any contract for the provision of services for a fee, where the customer is an individual, including in the tourism sector, should not worsen the client’s position in comparison with the legislation on the protection of consumer rights.

You can draw up an agreement for the provision of tourism services using a sample developed on the basis of a new edition of the recommended standard agreement in this area, which came into force on January 1, 2017 and approved by Order of the Ministry of Culture of the Russian Federation dated October 31, 2016 No. 2386.

Agency agreement

An agency agreement is considered a special type of civil law contract, different from an agreement for the provision of services for a fee and regulated by other provisions of the Civil Code of the Russian Federation: Chapter 52 of the Civil Code is devoted to it, while the contract for the provision of services is regulated by Chapter. 39. But in practice, this form of interaction between counterparties is also applicable in the service sector, when one party to the contract carries out any legally significant actions in the interests of the other, whose main specialization is the provision of services to individuals and legal entities.

In particular, individual entrepreneurs acting as travel agents usually interact on the basis of an agency agreement with tour operators whose products are sold to individuals. Options are also possible when the functions of the performer under an agency agreement include attracting clients for a third-party individual entrepreneur or legal entity specializing in the provision of certain services: legal, consulting, accounting, information, etc.

There are also some peculiarities of terminology: the customer’s side in the agency agreement is called the principal, and the contractor is called the agent.

You can draw up an agency agreement using a sample in which the agent is an individual entrepreneur.

Video about the agency agreement

The examples discussed do not cover all options for paid services contracts. But they allow you to get a complete understanding of the features of this form of civil law relations and, if necessary, develop a document that meets your own needs.

Now with the development of small business in Russia, More and more diverse companies are opening based on individual entrepreneur documents(individual entrepreneur).

What should you pay attention to when conducting commercial relations with individual entrepreneurs, as well as when concluding contracts? It is necessary to answer this question in order to avoid complications or controversial issues in the future.

On the basis of what documents is the activity of an individual entrepreneur possible?

An individual entrepreneur is an individual. Possessing this status, a person enters into certain relationships with the state and receives rights and responsibilities.

Upon registration, a businessman receives constituent documents that contain all the necessary information for entrepreneurship. Individual entrepreneurs allow you to do business in a simplified manner, without forming a legal entity.

The presence of such documents is mandatory for conducting business; without them, any work of an individual entrepreneur is considered illegal, and every person who intends to enter into legal relations with an individual entrepreneur should remember this .

The package of constituent documents is an order of magnitude smaller in comparison with the documentation of a legal entity, and in a simplified form is:

1. The certificate of state registration of an individual entrepreneur itself, which is issued by the tax service on the basis of the provided personal documents (passport, tax identification number and check for payment of state duty).

The tax office registers an identifier for the person (OGRNIP), according to which Individual entrepreneurs must report during tax periods.

1. An extract from the Unified State Register of Individual Entrepreneurs (USRIP), a special state register that contains all data about the entrepreneur.

This register records all the information about a person for the entire period of his activity as an entrepreneur: full name, passport number, address of the company, the activity in which he is engaged (according to the accepted coding), etc.

In addition, the individual entrepreneur must have:

• document on the form of taxation;
• registration with the Pension Fund as a payer of insurance contributions;
• confirmation that it regularly provides statistical reporting on its activities.

Speaking of the latter, an individual entrepreneur is legally responsible for his obligations and overdue payments with his own property. This is one of the disadvantages of this status if the business activity turns out to be unprofitable.

Often, in this case, a bankruptcy procedure is launched, where the court determines how much the bankrupt will have to compensate through the sale of his property. However, it is better not to allow all this, since the reputation of an individual entrepreneur who has gone through bankruptcy will definitely suffer.

From which it becomes clear that an entrepreneur does not need a charter in his work; only legal entities have one, in the creation of which several founders with their shares can participate.

In the case of an individual entrepreneur, there is no need for a charter; this is not prescribed by law.

Concluding an agreement with an individual entrepreneur: what to act on?

It must be said right away that there are no standardized standard contracts for individual entrepreneurs. Therefore, what is indicated in the text must be followed carefully.

By law, an individual entrepreneur is required to enter his details in each contract, that is, the state registration number indicating the body that issued the certificate and the date on which it was issued.

An entrepreneur can act in two ways: indicate the number in the preamble, and attach the TIN and OGRNIP number to the contract, or immediately indicate all the necessary data at the beginning of the contract (most often).

Using this information, anyone can check an individual entrepreneur or a counterparty thanks to a constantly running service on the Federal Tax Service website: by entering the data set out in the agreement, you can check whether such an entrepreneur is actually acting and what (what type of activity) he is doing.

1. Individual entrepreneur agreement with LLC.

In the event that the relationship between an individual and a legal entity is in accordance with commercial purposes, it is possible to conclude an agreement.

Here, as mentioned above, the details of both parties are indicated in a special place in the agreement or immediately at the beginning. The wording after the full name is often used: “acting on the basis of a certificate...” with an indication of its number.

If the individual entrepreneur acts through a proxy, then the number and date of the power of attorney must also be written down, and a copy of it must be included in the agreement.

1. IP-IP agreement.

In the context of the development of entrepreneurship in Russia, this is happening more and more often: entrepreneurs become counterparties in relation to each other. In fact, when working together, individual entrepreneurs do not always enter into agreements with each other, thereby violating the law.

They act at their own risk; Although this is the choice of each party, it is best to recommend refraining from such steps.

In such an agreement You must also indicate your data on the part of each entrepreneur, as described above. You can also highlight the following features:

• on both sides the document is signed by the individual entrepreneur as parties to the contract;
• despite the fact that an agreement is concluded between individuals, its content must be related only to commercial activities (for the purpose of obtaining benefits);
• the exact amounts of money are indicated that one party must pay and the other must accept.

How are working hours calculated? What is piecework wages? You will find detailed information.

1. Appointment of a manager (director) and conclusion of a power of attorney.

An individual entrepreneur has the right to hire a director to manage the commercial activities of his enterprise. In this case, the hired person will be engaged in all economic and settlement activities.

There are many options for starting your own business. Read about that at the link.

The individual entrepreneur enters into an employment contract with him, an instruction is drawn up that specifies his job responsibilities and powers, and a general power of attorney is drawn up from the entrepreneur.

In this power of attorney, the individual entrepreneur indicates his credentials and gives the director the right to sign and enter into agreements with counterparties.

It must be remembered that the individual entrepreneur bears the final responsibility for everything, despite the fact that his employee has the right to sign for him in concluding various transactions.

When concluding an agreement with a counterparty or director, the text also indicates the number and date of the power of attorney on the basis of which he works.

The appointment of a director is not always necessary; sometimes an individual entrepreneur can simply issue a temporary power of attorney to perform certain actions for one of his employees.

But we must remember that The entrepreneur is always responsible for the actions of the director and employees, unless it is proven that the employee, in the course of his activities, committed criminal offenses.

Naturally, when hiring a director, you should be completely confident in his professionalism, knowledge of the features and nuances of work in financial, tax and other areas.

In conclusion of the article, it is necessary to once again emphasize the need to always re-read the text of the contract before applying your signature, review it for the presence of accidental or intentional errors.

Despite the fact that there is no standardized form of agreement for individuals, its text must be compiled in accordance with the requirements of the Civil Code of the Russian Federation.

At the core of its activities, an individual entrepreneur has a package of constituent documents and individual registration numbers, which he is obliged to indicate in the event of concluding any commercial agreements with other persons .

You will learn about the types of contracts with individual entrepreneurs from this video:

A contract is an agreement on mutual obligations, which is usually concluded in writing.

According to the norms of Russian legislation, an agreement can be concluded in any form, except for situations where the law provides for a certain form (for example, for a number of commercial transactions, the agreement is concluded in writing).

In our material today, we will find out the rules for drawing up and concluding an agreement between an LLC and an individual entrepreneur, and we will understand the features of various types of agreements. At the bottom of the page there is a button where the reader can download a sample agreement between an individual entrepreneur and an LLC.

Civil Code of the Russian Federation and the agreement between individual entrepreneurs and LLCs

Transactions of any business entities that have the status of a legal entity between themselves (with individuals) must be concluded in simple written form (Article 161 of the Civil Code of the Russian Federation). Thus, limited liability companies (LLC), joint stock companies and enterprises are required by law to formalize commercial legal relations in writing.

Let us remind you that individual entrepreneurs (IP) are not legal entities. They have a special legal status. The obligation of an individual entrepreneur to conclude contracts in writing is enshrined in clause 3, article 23 of the Civil Code of the Russian Federation.

This article talks about the fact that the norms of the Civil Code, which define the activities of legal entities, apply to entrepreneurial activities carried out without the formation of a legal entity. persons (who are commercial organizations). That is, the effect of Article 161 (“Transactions made in simple written form”) of the Civil Code of the Russian Federation also applies to individual entrepreneurs.

Features of the agreement between individual entrepreneurs and LLCs

The agreement between an LLC and an individual entrepreneur has the same structure as an agreement with other legal entities. It is drawn up according to the same rules and consists of a preamble, data on the subject of the agreement, the rights and obligations of the parties to the document, the responsibilities of the parties, the procedure for calculation and amendments, the validity period, the method of resolving disputes, additional conditions and final provisions.

In order to minimize risks while acting within the framework of due diligence, before concluding a contract, it is advisable to request in advance from the agreement partner copies of the following documents:

• charter;
• certificate of state registration of a legal entity (IP);
• certificate of registration with the Federal Tax Service;
• extract from the Unified State Register of Legal Entities (USRIP).

You can independently check the counterparty on the official website of the Federal Tax Service using the link, which provides information on the TIN, KPP, OGRN and legal address of the organization. This information will reflect the accuracy of the information provided by the counterparty. In this way, you will eliminate the risks of working with organizations that are in the process of liquidation or bankruptcy.

Individual entrepreneurs and LLCs can enter into agreements for the provision of:

• transport services;
• accounting services;
• performing security or search activities;
• equipment maintenance;
• cleaning the area, etc.

Sometimes there are situations when an LLC enters into an agreement with an individual entrepreneur for the provision of management services.

Structure of individual entrepreneur and LLC contracts

Now let’s look at what points the agreement between the LLC and the individual entrepreneur should consist of:

1. Preamble:

• serial number;
• exact name;
• date of compilation;
• place of compilation;
• names of the parties (with indication and confirmation of their powers);
• details of the parties (indicating and confirming their powers).

2. Subject part:

• description of the parties' intentions;
• object and subject of the contract (lease, contract, purchase and sale, provision of services or other).

3. Rights and obligations of the parties to the document.

4. Settlement and material part:

• total transaction value;
• unit price of the subject of the transaction;
• methods, procedure and form of payment;
• settlement details.

5. Duration of validity (execution) of the agreement.
6. Additional and force majeure circumstances.
7. Responsibility of the parties.
8. Conditions for change (termination).
9. The final part (contains ways to resolve controversial situations).

Types of contracts

Lease agreement between LLC and individual entrepreneur

This agreement between an individual entrepreneur and an LLC provides for the transfer of any movable (immovable) property to the Tenant for a certain period by the Lessor. The document specifies the quantity and quality of the property being leased.

In addition, the agreement stipulates the amount of rent for the property, which the Tenant will accept.

Most often, lease agreements are concluded in relation to land plots, buildings, equipment, premises or vehicles. Agreements of this type may determine the conditions for paid (free) use of the property transferred to the Tenant under the transfer acceptance certificate, which must indicate:

• inventory of property (write down the full name of the object, its number, area);
• estimated value;
• the condition of the property at the time of the transaction and its depreciation.

In addition, the lease agreement contains information about the methods of use and liability for damage to the property transferred to the Tenant, the obligations of the parties for repairs, methods and forms of payment.

The agreement may provide for the transfer of property to sublease. It is also necessary to indicate in the document force majeure circumstances and conditions for extending the contract (early termination).

Please note that individual entrepreneurs and LLCs that use UTII and the simplified tax system have the right not to charge VAT on the amount of the contract.

Contract for the supply of individual entrepreneurs with LLC

The most popular type of agreement concluded between an LLC and an individual entrepreneur is a supply agreement. It provides for the delivery by the Seller for the purpose of transferring the ownership of goods (property, object) to the Buyer. The buyer undertakes to pay the specified amount within the period specified in the contract.

Please note that in this type of agreement it is necessary to indicate the conditions for returning the goods. A situation may arise when the product is damaged or defective. That is why it is worth including such a clause in the contract. The supply agreement also specifies the methods, terms and amount of payments (penalties for non-compliance).

As a rule, supply agreements are concluded for long-term cooperation, but this can also be an agreement for a one-time receipt of a large batch of goods.

The agreement can be concluded orally and each delivery will be made separately. The goods are transferred using an invoice, on the basis of which the Buyer pays the Seller by transferring money to the account.

The above-described deliveries are carried out on the basis of mutual trust between the parties to the contract. invoices can be issued and paid electronically.

Contract agreement between LLC and individual entrepreneur

This type of contract provides for the Contractor to perform one-time work for the Customer. Under the terms of the agreement, the customer undertakes to accept the work and pay the amount specified in the agreement. LLCs and individual entrepreneurs in this type of contract can be both customers and contractors. In any case, the contractor's income is taxed.

An option for a contract may be an agreement for the provision of services for a fee. Such an agreement is concluded for the purpose of performing any periodic work within a specified time frame.

A contract can also be concluded orally by agreement of the parties. Payment can be made based on the invoice or upon completion of the work.
The document that closes the transaction is the act of acceptance of completed work.

Duration of the agreement between LLC and individual entrepreneur

One of the clauses of the Agreement is the clause “term of validity of the Agreement”. The validity period of the Agreement between the LLC and the individual entrepreneur can be determined in the following parameters:

• calendar date(for example, until January 10, 2019);
• period of time(start of service provision - 01/10/2019, service provision period - three months);
• event depending on one of the parties to the contract(within 10 days after receipt of payment to the bank account).

If the deadline is set in days, then it is necessary to specify (10 calendar days or 10 working days).

Sample agreement between LLC and individual entrepreneur

Click the button below to download a sample agreement between an LLC and an individual entrepreneur.