Agreement with individual entrepreneurs for the provision of services: sample and procedure for execution

21.06.2019
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4 min.

A citizen who has registered himself as an individual entrepreneur has the right to act as a second party in any transaction. A legal entity, a government agency or an ordinary person can enter into an agreement with an individual entrepreneur. The document is signed only after all provisions have been agreed upon, which must equally satisfy all participants.

Design rules

An individual entrepreneur agreement on cooperation is usually offered in a standard form, drawn up long before the client’s application. It contains the basic requirements and conditions for the provision of the service, and the fee provided for this. Depending on the type of contract, sections may be modified, added or deleted. But in general it will consist of the following points:

Preamble – information about the date, place of signing, the subject of the agreement with the details of the parties.
The subject of the agreement is the essence of the agreement reached, what it concerns, a full detailed description of the object.
The rights and obligations of the parties arise directly from the type of contract and the provisions of civil law.
Transaction amount - this item also includes the payment procedure, as well as the method of depositing money into the performer’s cash register.
The procedure for resolving disputes - all points must be drawn up based on the current provisions of the Civil Code of the Russian Federation.
Responsibility of the parties, additional conditions - possible consequences for violations of the agreements reached.
Details and signatures.

The document is drawn up in compliance with all requirements of current legislation. Therefore, the process involves a lawyer who knows all the nuances possible if one of the parties is an individual, LLC or individual entrepreneur. Sometimes it is necessary to verify the registration data provided or the solvency of the other party.

Features of drawing up various types of contracts

For the provision of services

First, let’s look at the contract of an individual entrepreneur for the provision of services and its main characteristics.

In accordance with this agreement, the contractor undertakes to perform the service, and the customer pays for it.

Essential conditions:

subject - certain actions performed by the performer;
timing of the start and completion of actions;
price;
service quality indicators.

In most cases, the transaction form is written.

Loan agreement

The lender transfers valuables to the borrower for a certain period, and the borrower undertakes to return them.

When entering into this agreement, be careful with the wording as this may be considered financial activity. An individual entrepreneur has no right to engage in it. But it is quite possible to borrow from an individual.

Essential terms of such an agreement:

loan amount and interest rate;
contract term;
debt repayment procedure;
sanctions for failure to comply with conditions.

When drawing up a contract with an individual entrepreneur, indicate the procedure for resolving disputes.

Sales and purchases

This is an agreement in which the seller transfers goods for payment to the buyer. The subject and only essential condition of this transaction is the goods.

The price of the goods is an essential condition only for certain types of contracts:

retail and wholesale purchase and sale;
purchase and sale of real estate;
purchase and sale of enterprises.

Signs of this agreement: bilateral, paid, consensual, public, unlimited, mutually agreed upon, mutually binding.

About recruiting

Let's also consider such a specific contract as a recruiting agreement with an individual entrepreneur, or a personnel selection agreement. The subject of this transaction is the obligation of the contractor to select personnel on the customer’s instructions in accordance with the specified requirements. The customer undertakes to pay for these services.

The service is performed if the customer hires a candidate sent by the contractor, or in other cases specified in the contract.

The service fee is set as a percentage of the candidate's monthly salary. Sometimes the contract stipulates a fixed amount.

For cargo transportation

Under a cargo transportation contract, the carrier undertakes to accept cargo from the sender and deliver it to the recipient. The sender is required to pay the cost of transportation. The recipient is not a party to the agreement.

The relationship between the sender and the carrier is confirmed by the consignment note issued to the sender. The subject of the transaction is the movement of cargo to a specific destination.

Time period - the time within which the cargo must be delivered. The contract price is equal to the payment for the transportation of goods.

Legal documents

Article 161 of the Civil Code of the Russian Federation

What is a contract?

An agreement is a legal document containing a description of the relationship between the parties, the beginning, modification and termination of rights (or obligations), which are regulated at the legislative level. A more detailed description of the term “agreement” is provided by the Civil Code of the Russian Federation (Article 420).

The contract can be classified as the most common type of document.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

A legal entity must conclude an agreement in writing, regardless of who the 2nd party is - an organization or a citizen. In case of oral agreement, according to Art.

162 of the Civil Code of the Russian Federation, you do not have the right to rely on witness testimony to confirm the transaction and its terms. But at the same time, you can provide written and other evidence confirming the deal concluded orally.

Those. Failure to conclude an agreement in writing may complicate the situation that arises when the parties fail to fulfill their agreements.

Only correctly drawn up agreements do not contradict the legislation of the Russian Federation and fully reflect the mutual interests of the parties.

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:

Work agreement.
Contract for paid services.

Sample contract agreement between individual entrepreneur and individual. face (word)

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	work agreement	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	possible 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:

Information about the parties.
The cost of the work, and in what time frame it must be completed (including taking into account delays due to objective circumstances).
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).
Mutual obligations, guarantees and responsibility to each other and to the law.
The procedure for terminating the agreement and the procedure for resolving disputes in pre-trial proceedings.
Signatures of the parties, date and place of execution of the document.

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

A sample agreement between an individual and an individual entrepreneur on the provision of services for a fee is presented below.

Sample contract for the provision of services (word)

List of required documents

Before concluding an agreement with an entrepreneur, the second businessman should make sure of the reliability of the partner. Individual entrepreneur documents for concluding an agreement will help with this.

Feedback from other clients or counterparties cannot always be taken on faith. In this case, the responsibility for assessing the reliability of the partner rests entirely with the merchant himself.

If you fail to exercise due diligence, you may face not only losses, but also an unscheduled audit by tax authorities or even litigation with creditors.

That is why it is worth familiarizing yourself with a certain package of documentation before signing an agreement, especially since it is also needed for its conclusion. The list of such securities includes:

Registration certificate confirming the legal status of an individual entrepreneur.
Extract from the Unified State Register of Individual Entrepreneurs (USRIP) - the official register of individual entrepreneurs.
Taxpayer INN number.
Confirmation of the businessman's tax registration.
A passport is proof of a merchant’s identity.
A document confirming your legal presence at the specified address (owner certificate, lease agreement).

You can check some data yourself. So, using a unique code assigned by the Federal Tax Service or Unified State Register of Entrepreneurs, it is possible to obtain information about a future partner.