Advice 1: How to enter into a contract with a private entity

According to article 17 and 18 of the civil code all citizens have civil rights and bear responsibilities and obligations when signing any contracts, which do not contradict laws of the Russian Federation. In accordance with this, any private person can enter into various contracts in the simple written form with identification at a notary or in a notarial form.

You will need
  • - passport;
  • - standardized form of a contract or two sheets of paper;
  • - handle;
  • - print (if the contract is with the individual entrepreneur or legal entity).
Instruction
1
Enter into any contract with a private entity subject to all requirements of the Civil code of the Russian Federation. Types of contracts can be different, for example civil law, loan agreement, contract of employment. Depending on the form of the contract and the agreed terms it can be gratuitous, when there is only personal responsibility of the parties and paid when the liability is material liability (article 39, 779 GK the Russian Federation).
2
At the conclusion of the agreement in writing you have to write it by hand in two copies for each party. Completely, the points to specify all the conditions of the contract, the obligation and liability of the parties for its implementation, as well as the liability of the parties upon early termination of the contract. If some items are not specified, then if there are any disputed issues, the court will be guided by the current legislation at the time of the dispute between the parties.
3
The contract must specify all the details of both parties, passport data, contact information. If the contract is not the legal form and not in a unified form, it is need to supply your Bank details and signatures of the witnesses on your part and on the part of individuals. For a formal agreement, such as loan agreement with a credit institution operating legally and has a state license to carry out activities, such conditions are not provided.
4
Upon conclusion of a notarial contract with a private individual, you do not need to take care of the legal side of making all the points you Express your wishes, a practicing notary of the contract in accordance with the law at the time of its conclusion and signature.
5
If you have signed a reimbursable contract for which you or individual will get the income, a copy of the contract is subject to registration in tax inspection for tax assessment on income.

Advice 2: How to conclude a contract with an individual

Consolidation of various legal relations in the field of business is the conclusion of the contractand. Among all the made in Russia of contracts, a significant percentage is just contracts with individuals. However, the conclusion of contracts with individuals has certain characteristics.
You will need
  • passport data of physical persons
  • deduction on personal income tax individual entity
  • the draft agreement with a physical person.
Instruction
1
In order to enter into a contract with the physical person, many companies today resort to the form of a public contract. Under current law, a public contract is a proposal of a commercial organization to conclude a contract with any personthat will reach out to her. Such agreements are particularly common in the retail trade sector, transport services, communication services, etc. This form of conclusion of the contract with the physical person comfortable in case the number of customers the company is exceptionally high and there is no possibility separately with each to coordinate Treaty provisions. For the conclusion of such agreement your company should be a standardized form of contract for signature with individuals.
2
In accordance with the provisions of the Civil Code to conclude a Contract with the physical person to perform certain work or provide services. The conclusion of such contract involves a number of nuances. For example, such a contractm the duty of the personal income tax deduction (the tax to incomes of physical persons) lies with the company, has entered into a contract with a physicalperson, that is, the company gets a tax agent. This point should be reflected in the contract.
3
At the conclusion of the contract with the physical person should be aware of some risks. So, if you enter into a contract of civil nature, there is a possibility of recognition of such contract labour. A civil contract can be declared in a judicial order labour, if in fact the natural person to perform work functions. In fact there is an employment contract, if the person integrated into the team, his work involves working according to the established labor regulations and there is no sign of the urgency of the work. Therefore, at the conclusion of the contract with the physical person it is necessary first to define the legal nature of the concluded contract and to correctly display it in the text.
the employment contract?
4
At the conclusion of the contract do not forget to read passport data of the person, his INN (if available) and the number of PSS (pension insurance certificate). All the data you need for further work. Thus, to conclude the contract, all the above features of the physical entity needs to be properly enshrined in the Treaty.
Note
Contract with a natural person meets all General requirements for the appropriate kind of contracts the civil law. The contract implies that the individual performs on the job customer (organization) specific job and passes its result to the customer. And that, in turn, must accept the result of work and pay.
Is the advice useful?
A contract with a physical person. Quite often, organizations in the ordinary course of business enter into civil law contracts for services with individuals who are not individual entrepreneurs. A civil contract, the organization may conclude with the entrepreneur, but also a citizen who as an entrepreneur is not registered. It happens that a person enters into a civil contract with the manufacturer of the product and its conditions...
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