On what basis does the individual entrepreneur act in the contract: sample. On what basis does the individual entrepreneur operate and how to indicate this in the contract? The branch is indicated by the party to the contract

Almost all business activities involve the need to draw up and sign contracts, orders, and payment documents. There are certain government-issued forms for certain types of documents. Everything in them is filled out according to established standards. But there are some types of documents - job descriptions, contracts, which are drawn up in free form. This is where many individual entrepreneurs, especially beginners, have many questions regarding the correct completion of documentation.

When filling out an agreement, one party of which is an individual entrepreneur, you need to know whether the “individual entrepreneur” and his full name are inclined. For example, an important point is the declination next to the abbreviation IP. In the case of legal entities - LLC, JSC - there is a rule according to which the name of the company is not declined. That is, you need to indicate: “Transfer funds to the current account of Romashka LLC.” Following this logic, with the same procedure regarding the entrepreneur it is indicated: “Transfer funds to the current account of IP I.I. Ivanov". This is where some confusion arises. According to Law No. 129-FZ, an entrepreneur acts in activities under his own name, and not an invented name, which he has no right to assign to himself. Legal entities operate under the names that were proposed by them during registration. Thus Thus, in all documents the surname, name and patronymic of the citizen are used as his name.

Does “individual entrepreneur” appear in the documents? If the abbreviation IP is used, it is not declined. If the full definition of “individual entrepreneur” is used, it is inclined. For example, if the contract states: “The Contractor provides services for individual entrepreneur I.I. Ivanov" it is necessary to write the text according to the rules of the Russian language. However, there are writing nuances if the IP is a woman. Example: “The parties to the agreement are: individual entrepreneur A.A. Sidorova, who…”, that is, the declination occurs by last name and gender, and not by the status of an individual.

However, many forms in banking, insurance and other institutions contain a line to indicate the name of the legal entity. Entrepreneurs also draw up these documents. In such situations, it is necessary to clarify the form of declension of the “position” and the last name of the entrepreneur in order to avoid misunderstandings.

Is “sole trader” biased according to the gender of the individual entrepreneur? Obviously not. The term “individual entrepreneur” is not used in relation to a woman. A businessman, like many other professions, only has a meaning in the masculine gender, and cannot be converted into the feminine gender. Therefore, regardless of whether the individual entrepreneur is a man or a woman, the term “individual entrepreneur” is used (at least in documents).

Many official documents require the abbreviation individual entrepreneur to be deciphered and the person’s status to be indicated in full, without abbreviations. The same applies to initials. There are no clear rules in documents that are independently drawn up by a business entity. In a job description or order, an entrepreneur has the right to shorten his name to individual entrepreneur and indicate initials instead of his full name or patronymic. In the documentation submitted to the tax office, Pension Fund, Social Insurance Fund and other government agencies, it is mandatory to indicate the full name of the citizen and full name without abbreviations.

We can conclude that inducement in relation to an individual entrepreneur is carried out regarding his status (individual entrepreneur) and full name. A different rule applies to legal entities: even if an LLC or CJSC is named after the surname of its founder, such a name is not inclined, for example: “Contact LLC Romashka or CJSC Ivanov.” These standards apply to all document flow operations, and not only to businessmen and enterprises. Work books and employment orders are filled out in a similar way. The position of accountant, for example, is written in documents in the masculine gender, even if a woman performs this work.

Individual entrepreneur ________________, passport: series ______ N ________, issued by ________________, certificate of state registration N ___________ dated "___"_________ ____, name of the body that registered it _____________________, hereinafter referred to as ____ "Executor", on the one hand, and ________________________, passport : series _______ N _________, issued by _____________________, hereinafter referred to as "Customer", on the other hand, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this Agreement, the Contractor undertakes to sew a fur product according to the Customer’s instructions, deliver the finished fur product to the Customer, and the Customer undertakes to accept the result of the work and pay for it.

1.2. The work is performed by the Contractor using his own materials (fur, lining fabric, fittings), using his own resources and resources.

1.3. The Customer's assignment is contained in Appendix N __ to this Agreement and includes a sketch of a fur product developed by _______________ (Customer/Contractor), as well as the Customer's requirements for the material used (fur), lining fabric, and accessories.

1.4. This Agreement comes into force from the moment it is signed by the Parties and is valid until the Parties fulfill their obligations.

2. PRICE OF WORK. PAYMENT PROCEDURE UNDER THE AGREEMENT

2.1. The price of the work to be performed under this Agreement consists of:

Cost of the Contractor's material (fur, lining fabric, accessories) in the amount of _____ (_________) rub., including ____% VAT _____ (_________) rub.;

The cost of manufacturing a fur product in the amount of _____ (_________) rubles, including ____% VAT _____ (_________) rubles.

2.2. The Customer pays the Contractor the cost of the material specified in clause 2.1 and an advance in the amount of ____% of the cost of manufacturing the product within ____ days after receiving the Contractor's original invoice. The final payment is made within ______ after the Parties sign the work completion certificate (Appendix No. ____ to this Agreement).

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Contractor is obliged to provide the Customer for review:

Rules for consumer services for the population in the Russian Federation (approved by Decree of the Government of the Russian Federation of August 15, 1997 N 1025);

Address and telephone number of the consumer protection unit of the local government;

Samples of contracts (receipts) for work performance;

Samples (models) of manufactured products, albums and magazines with product models, etc.;

A list of categories of consumers entitled to receive benefits, as well as a list of benefits provided for the provision of services (performance of work) in accordance with federal laws and other legal acts of the Russian Federation.

3.2. The Contractor is obliged to begin work under this Agreement no later than _______________ from the date of _____________ (options: approval by the Customer of a sketch of a fur product / receipt of a sketch of a fur product from the Customer) and complete sewing of a fur product by "___"_________ ___. The Contractor is obliged to notify the Customer of completion works

3.3. The Contractor bears the risk of accidental death or accidental damage to the result of the work performed before its acceptance by the Customer.

3.4. The Contractor has the right to independently determine how to complete the Customer’s assignment.

3.5. The Contractor is obliged to immediately warn the Customer about circumstances beyond the Contractor’s control that threaten the suitability or durability of the results of the work performed or make it impossible to complete it on time.

3.6. If there is a need to carry out additional work, and therefore the price of the work will increase by _____% of the price specified in clause 2.1 of this Agreement, the Contractor is obliged to notify the Customer about this within _______________. If the Customer does not agree to exceed the price of the work, he has the right to withdraw from this Agreement. In this case, the Contractor has the right to demand payment from the Customer for the actual part of the work performed.

The Contractor, who did not promptly warn the Customer about the need to exceed the price of work specified in clause 2.1 of this Agreement, is obliged to fulfill the contract at the price specified in this Agreement.

3.7. If the Contractor violates the deadlines for completing the work or if during the execution of the work it becomes obvious that it will not be completed on time, the Customer, at his choice, has the right:

Assign a new term to the Contractor;

Entrust the work to third parties for a reasonable price and demand reimbursement from the Contractor for documented expenses incurred;

Demand a reduction in the price for performing the work;

Terminate this Agreement.

4. ACCEPTANCE OF THE WORK RESULT

4.1. The Customer is obliged, no later than ____________ from the moment of receiving notification from the Contractor about the completion of the work, to inspect and accept the fur product according to the certificate of completion of work (Appendix N __ to this Agreement), and if deficiencies are discovered, immediately notify the Contractor and agree on a time frame for their elimination.

4.2. In case of detection of defects in a fur product, the Customer has the right, at his own discretion, to demand:

Free elimination of deficiencies in the work performed;

Corresponding reduction in the price of work performed;

Free production of another fur product from material of the same quality. In this case, the Customer is obliged to return the fur product previously transferred to him by the Contractor;

Reimbursement of expenses incurred by him to eliminate deficiencies in the work performed on his own or by a third party.

The Customer has the right to terminate the Contract and demand full compensation for losses if the shortcomings of the work performed by the Contractor are not eliminated within the time period agreed upon by the Parties. The Customer also has the right to terminate the Agreement if he discovers significant deficiencies in the work performed or other significant deviations from the terms of the Agreement. By significant deficiencies in the work performed, the Parties agreed to understand the following: ______________________.

4.3. The Customer, who discovers, after acceptance of the work, significant deviations from this Agreement and/or defects that could not be identified using the usual method of acceptance (hidden defects), including those that were deliberately hidden by the Contractor, is obliged to notify the Contractor about this within _________ from the moment of their discovery.

4.4. If the Customer fails to appear to receive the fur product, the Contractor has the right, having warned the Customer in writing, after two months from the date of such warning, sell the result of the work for a reasonable price, and deposit the proceeds, minus all payments due to the Contractor, into a deposit in the manner prescribed by Art. 327 of the Civil Code of the Russian Federation.

5. FINAL PROVISIONS

5.1. In all other respects not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

5.2. The warranty period for a fur product is established by the Contractor in ____.

5.3. The Agreement comes into force from the moment it is signed by the Parties, drawn up in 2 copies having equal legal force.

5.4. Annexes to this Agreement:

5.4.1. Customer's assignment (sketch of a fur product) (Appendix N ___).

5.4.2. Certificate of completed work on sewing a fur product (Appendix N ___).

5.5. Addresses of the Parties and payment details:

Customer: _________________________________________________

___________________________________________________________

Performer: ______________________________________________

___________________________________________________________

___________________________________________________________

Many, especially novice lawyers, often fall into a kind of stupor when they find an individual entrepreneur in the “head” of the agreement instead of the usual “Romashka LLC” represented by the Director, full name, acting on the basis of the Charter.” And on what basis does the IP operate? There are also options with powers of attorney, which cause no less confusion, but what about individual entrepreneurs?

Some people write “on the basis of the Charter” out of habit, others - as in the case of individuals. persons “on their own behalf”. The first is definitely wrong; individual entrepreneurs do not have a charter. The second is true, but partly, since an individual entrepreneur is not just an individual. He has the status of an individual entrepreneur. Although there is an opinion that it is enough to indicate “IP full name” in the header, without indicating the basis on which it acts.

IP status

The status of an individual entrepreneur is the right given to a citizen (or a foreigner, or a stateless person, in general, an individual) by the state to legally engage in business activities, make a profit, at his own peril and risk, and, most importantly, to pay taxes on this (in fact, the status is for this and there is).

The status of an individual entrepreneur is recorded in the Certificate issued to him upon registration in the Unified State Register of Individual Entrepreneurs (USRIP). In fact, he is given a certain number under which he is in this register.

On what basis does the IP operate?

An individual entrepreneur acts on the basis of the status given to him by the state. The basis for assigning this status will be the document on the basis of which it acts. This is a Certificate of state registration as an individual entrepreneur. But - only those issued before January 1, 2017. From this date, the Certificate is not issued, according to Order of the Federal Tax Service of Russia dated September 12, 2016 N ММВ-7-14/481@. Instead, a record sheet in the Unified State Register of Individual Entrepreneurs is issued, which is the basis for the activities of the individual entrepreneur. If it is lost, you can obtain from the territorial inspection a Notification of registration as an individual entrepreneur:

Constituent documents of an individual entrepreneur

As such, individual entrepreneurs do not have constituent documents, since only legal entities have them. There are a number of documents that are mistakenly considered constituent documents, although they can be called registration or corporate:

OGRNIP

As already mentioned, the Certificate of assignment of OGRNIP (about state) is not issued from January 1, 2017. OGRNIP can be found from the Record Sheet, or from the Unified State Register of Individual Entrepreneurs.

Technically, OGRNIP is a unique (at least it should be) 15-digit number containing the subject code, tax number, serial number and checksum.

TIN

The TIN can also be found from the Record Sheet, or from the Certificate, if the individual is prior to registration. This is a 13-digit number, similar in logic to OGRNIP.

Extract from the Unified State Register of Individual Entrepreneurs

At the moment, the practice is that only an extract from the Unified State Register of Individual Entrepreneurs is sufficient as a basis for confirming the activities of an individual entrepreneur. Or the Record Sheet, which is essentially the same thing.

In the same way, it is not a constituent document, but rather a legal document, like all those listed above.

Can an individual entrepreneur have a director?

Actually, maybe. But - as an employee, for example, a warehouse director. Or the store manager. But - this is an official acting by proxy, when, as compared with the director of an LLC, he acts on the basis of the powers given to him by the charter, without a power of attorney. They have different legal natures.

Drawing up an agreement with an individual entrepreneur

Here we come to the issue of proper execution of the contract. There are several opinions, we will try to highlight them:

• Indicate “Individual Full Name, acting on the basis of state registration dated [date], OGRNIP number ________________.” Here, in our opinion, the basis for the activities of an individual entrepreneur and its difference from a simple individual are most correctly reflected.
• Indicate “Individual Full Name, acting on his own behalf.” In any case, at the end of the contract its full details will be given. Disadvantages - a number of counterparties may refuse to accept this form. But to avoid overloading the contract, this is possible.
• You can simply “IP Full Name, OGRN ____________”. The text is even less overloaded, but all the distinctive features are there, although some counterparties may again object. But they are also...

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How to correctly indicate the parties to a contract? If the agreement is concluded by a branch, who is the party to the agreement? Does an individual entrepreneur sign an agreement himself or himself?

Once again correcting the agreement, correcting the names of the parties in the definition of the parties, he again talked about who, how and most importantly whose interests are represented when concluding agreements. To avoid this involuntary repetition, the need for this note arose. So, today we will look at the question of who should be included correctly in determining the parties when concluding an agreement. This material will be more helpful to young lawyers, because... It is not critical for the user if doubts arise about his legal literacy.

Let's look at the classic example of side reflection and look at its features:

Branch "Kraevoy" of the Limited Liability Company "Romashka", represented by Director Ivanov Ivan Ivanovich, acting on the basis of the Charter, hereinafter referred to as the "Seller", on the one hand and

Entity

In our example, we showed the most common mistakes. In relation to a legal entity, two main mistakes are made:

The branch is indicated by the party to the agreement

In determining the parties, it is necessary to correctly determine the party to the contract. Can the Branch be a party to the agreement? As always, let's turn to the legislation.

• Art. 2 of the Civil Code of the Russian Federation says that participants in relations regulated by civil law are citizens and legal entities.
• Part 3 Art. 55 of the Civil Code of the Russian Federation indicates that representative offices and branches are not legal entities.

From here we draw the appropriate conclusion: neither a branch nor a representative office can be a party to the agreement. Therefore, it is incorrect to indicate them first in the text.

It is always necessary to indicate the legal entity itself first when defining a legal entity as a participant in contractual relations.

Directors are indicated as a party to the agreement

As discussed above, a party to the agreement must be a legal entity, but in our example the director is indicated. This follows from the text: “ The Company... represented by the Director... hereinafter referred to as". The ending “-й” in the word “ Referred to as“according to the rules of the Russian language, indicates that the Director will continue to be the Seller. This is a mistake. The correct ending is “-oe”, because society is a neuter word. Accordingly, if you write “ hereinafter referred to as OE“, then “Seller” will refer to the Company and not to the Director.

We try not to make mistakes in endings, so that no one doubts our legal literacy.

Correct designs

Now let's look at the correct constructions: full and short. Correct complete structures look like this:

Limited Liability Company "Romashka", represented by Director Ivanov Ivan Ivanovich, acting on the basis of the Charter, hereinafter referred to as the "Seller"

Limited Liability Company "Romashka", represented by Ivan Ivanovich Ivanov, acting on the basis of power of attorney No. 1 dated 01/01/2016, hereinafter referred to as the "Seller"

Limited Liability Company "Romashka", represented by the Director of the Kraevoy Branch, Ivan Ivanovich Ivanov, acting on the basis of power of attorney No. 1 dated 01/01/2016, hereinafter referred to as the "Seller"

• Art. 53 of the Civil Code of the Russian Federation - a legal entity acquires civil rights and assumes civil responsibilities through its bodies acting in accordance with the law, other legal acts and the constituent document.

As we see, a legal entity cannot independently become a party to an agreement, but only through its bodies. more precisely through those persons who represent his interests:

bodies of a legal entity – its bodies can act on behalf of a legal entity, for example, the executive body “Director”. His powers are usually specified in the company's Articles of Association. Therefore, in the text we write “ represented by Director Ivanov Ivan Ivanovich, acting on the basis of the Charter«.

representative of a legal entity - another person can also act on behalf of the legal entity, for example, being a representative, in accordance with Art. 185 of the Civil Code of the Russian Federation, his powers are reflected in the power of attorney. This means that in the text we will indicate the text: “ represented by Ivan Ivanovich Ivanov, acting on the basis of power of attorney No. 1 dated January 1, 2016.«

As we discussed earlier, a branch cannot be a party to an agreement, therefore, if an agreement is concluded by the director of a branch, then he must have a power of attorney to represent interests on behalf of NOT the branch, but a legal entity. It is this power of attorney that we check and indicate in the contract.

The correct short construction looks like this:

Romashka LLC (hereinafter referred to as the Seller), and

Based on the minimum required indication of the legal entity, you can supplement it with any clarifications: in whose person it acts, full name. representative, details of the document confirming the authority (dates, number, number of pages and thickness of the document), in general, everything you want. And this will also be correct, but not for a lawyer.

Individual entrepreneur

The largest number of mistakes were made in relation to an individual entrepreneur. Let's take a closer look. First, let’s read what the Civil Code of the Russian Federation tells us about the legal capacity of individual entrepreneurs.

• Art. 18 of the Civil Code of the Russian Federation - Citizens can... engage in entrepreneurial and any other activities not prohibited by law
• Part 1 Art. 23 of the Civil Code of the Russian Federation - A citizen has the right to engage in entrepreneurial activities without forming a legal entity from the moment of state registration as an individual entrepreneur.
• Art. 21 Civil Code of the Russian Federation - Citizen's ability by your actions acquire and exercise civil rights, create for yourself civil duties and fulfill them (civil capacity)

It is this arrangement of norms that shows us that a citizen can engage in entrepreneurial activity without forming a legal entity and he carries out his actions himself.

Honestly, I don’t know where this incorrect form came from, that an individual entrepreneur acts through someone, for example himself. Somebody, somewhere, made this mistake and everyone is repeating it.

Let us recall our text: Individual entrepreneur Petrov P.P., represented by Petrov P.P., acting on the basis of registration certificate No. 123456789, hereinafter referred to as “Buyer” on the other hand

As we just found out, an individual entrepreneur and a citizen are one and the same person. Therefore, an individual entrepreneur acts on his own. And the certificate of state registration is not any basis for his powers, because a certificate of registration of an individual entrepreneur does not in any way affect the legal capacity of a citizen.

If you carefully read the certificate of registration of an individual as an individual entrepreneur, you will see that the document says the following: “an entry has been made that the individual has acquired the status of an individual entrepreneur.” Those. this evidence simply confirms an additional status, but not a new identity. The certificate of registration of a legal entity states that: “an entry has been made on the creation of a legal entity.”

Many people argue that without registration as an individual entrepreneur, a citizen cannot be a party to the agreement. This is wrong. According to Part 4 of Art. 23 Civil Code of the Russian Federation - g a citizen carrying out business activities without registration has no right to refer to the fact that he is not an entrepreneur (the text of the norm has been adjusted).

Correct designs

The correct construction is:

Individual entrepreneur Petrov Petr Petrovich, hereinafter referred to as “Buyer”

Individual entrepreneur Petrov Petr Petrovich, represented by Sergey Sergeyev, acting on the basis of power of attorney No. 1 dated 01/01/2016, hereinafter referred to as “Buyer”

If the interests of the entrepreneur are represented by another individual or legal entity, then the representative must be indicated referring to a power of attorney or other document with authority.

I would like to say that there cannot be a correct short construction. If a legal entity, upon its creation, can register a short name in its charter, for example, “Romashka LLC” and indicate it in documents, then a citizen is deprived of this opportunity (with the exception of pseudonyms, but more about them separately).

• According to Part 1 of Art. 19 of the Civil Code of the Russian Federation - A citizen acquires and exercises rights and obligations under your own name, including the surname and first name, as well as the patronymic, unless otherwise follows from the law or national custom.

But you can supplement the correct complete construction with all sorts of evidence and other flourishes, but this would simply be talking about the illiteracy of a specialist as a lawyer.

Recently, more and more people are registering as individual entrepreneurs (hereinafter referred to as individual entrepreneurs) and starting their own business with the aim of making a profit. For this purpose, agreements are concluded with counterparties, but sometimes difficulties arise with their legal registration.

The specific status of an individual entrepreneur combines the activities of an individual and a legal entity, that is, in each specific situation a businessman acts differently. This is where some of the difficulty lies. On the basis of what documents does an individual entrepreneur act, what to do if a director is hired, how to correctly spell all this out in the contract - we will discuss this in our article.

Constituent documents of individual entrepreneurs

Constituent documents are the main documents of an individual entrepreneur; they contain all the information necessary for the full implementation of the entrepreneur’s activities. The absence of such documents makes the work of an individual entrepreneur illegal, so it is impossible to do without them. But their volume is much smaller than that of legal entities.

Please note that the term “constituent documents of an individual entrepreneur” is not used in legislation; it is used “by the people” by analogy with a legal entity.

Unlike legal entities, a businessman acts alone, therefore he doesn't need a charter with a clear distribution of shares in the authorized capital and responsibilities between the co-founders. This makes life much easier for individual entrepreneurs and makes this form of doing business more attractive to citizens.

A simplified package of constituent documents of an individual entrepreneur is:

• Certificate of state registration of individual entrepreneurs. To obtain it, an application of the established form is submitted, the person’s personal documents - passport, TIN, and a state fee is paid. The body that issues the certificate is the tax office. This certificate will also indicate the OGRNIP -. Under this identifier the individual entrepreneur is registered with the tax authorities.
• Extract from the Unified State Register of Individual Entrepreneurs– a unified state register of individual entrepreneurs.

Thus, all these documents are issued to the individual entrepreneur after he is registered with the tax authority and information about him is entered into the unified register of entrepreneurs. IP identifiers and numbers are unique and have no analogue throughout the Russian Federation. A unified register throughout the country ensures reliable accounting and control by tax authorities.

Rights and obligations of individual entrepreneurs

Rights include:

• conducting business activities provided for by current legislation;
• hire employees;
• enter into agreements with counterparties;
• and other rights inherent to an individual.

Responsibilities include:

• conducting its activities in accordance with the requirements of the Constitution and laws of the Russian Federation;
• obtain all necessary permits;
• acting as an employer, comply with the requirements of labor legislation and make all necessary contributions;
• pay the prescribed taxes and fees;
• be responsible for non-compliance with concluded transactions;
• as well as the responsibilities inherent in all individuals.

Advantages and disadvantages of such a form as individual entrepreneur

Individual entrepreneur is one of the most common forms of running a small business. A preferential tax system, a simpler method of registration and less paperwork are the advantages of this form. A few words about the advantages and disadvantages of an individual entrepreneur compared to a legal entity.

Advantages:

• complete and sole control over activities and profit generation;
• minimal costs for starting a business;
• simplified taxation system;
• simple decision-making procedure, without protocol, etc.;
• a simpler type of reporting and less of it;
• there is no mandatory amount of capital investment - authorized capital;
• lower penalties.

Flaws:

• big risks - meets its obligations with all its property;
• you cannot engage in certain activities;
• impossibility of combining with public service;
• mandatory payment of pension contributions, regardless of income.

On the basis of what documents can an individual entrepreneur act?

Civil legislation has not fully regulated law enforcement in this matter. This is due to the absence of a federal law that would dot the i’s.

An entrepreneur must have the following documents in order to carry out his activities without hindrance:

• The so-called “constituent documents”: certificate of state. registration of individual entrepreneurs and extract from the Unified State Register of Individual Entrepreneurs.
• Certificate from statistical authorities, which are assigned for the main and additional areas of activity of the individual entrepreneur.
• Certificate of registration of an individual with the tax authority.
• License, if the selected type of activity is subject to licensing.
• Notification of registration of an individual with the Pension Fund of the Russian Federation at his place of residence.

Registration with the Social Insurance Fund is also carried out if it is planned to hire hired workers.

Let's consider some other types of documents maintained by individual entrepreneurs:

• The most important group is tax documents. They should be given special attention. Tax reporting is checked frequently, which means that errors in it are unacceptable. If you do not know how to prepare a particular type of reporting, seek help from professionals. This will avoid unnecessary problems.
• Personnel nomenclature, that is, employment contracts, applications for employment, dismissal, etc. If an individual entrepreneur works alone, then these documents are missing.
• Documents on labor protection. Safety training is mandatory even for the simplest and most non-hazardous jobs. The same as the previous type, only if there are hired workers.
• Documents on renting premises, sanitary and hygienic standards, fire safety, etc.

This list is not exhaustive and can be supplemented depending on the type of activity chosen.

What should be specified in the contract?

Having registered and collected all the above documents, the individual entrepreneur can begin concluding contracts. A natural question arises, which of them should be indicated in the contract if there is no exact list of constituent documents.

There are no forms or forms for individual entrepreneur agreements. The only thing that is established by law is the obligation of the individual entrepreneur to indicate in each contract concluded the number, date and authority that issued the certificate of state registration. Therefore, this data is stated in the preamble of the contract. However, this data is not enough to conclude a deal. At the end of the contract, you should carefully fill out the details of the individual entrepreneur: passport details of the person, TIN, OGRNIP and again the series and number of the state certificate. registration.

Please note that there is another option, which is used by many entrepreneurs - to indicate complete data at the beginning of the contract.

For example:

Individual entrepreneur Ivanenko Ivan Sergeevich acts on the basis of the State Registration Certificate series 40 No. 123456789, issued on September 6, 2014, OGRNIP 123456789012345, INN 123456789, hereinafter referred to as...

Both options are acceptable in the contract and are equivalent, and absolutely do not affect the legal validity of the transaction.

What to do if you are a hired director?

An individual entrepreneur can hire a director to manage business activities. To do this, the job description lists the powers of the director.

When a contract is concluded, it is valid on the basis of a general power of attorney from the individual entrepreneur. The director becomes a representative of the individual entrepreneur when making transactions and has the right to sign.

Another important point. Although the director signs the agreement, he is not responsible for the agreement, but the entrepreneur in whose interests the agreement was concluded. This rule does not apply only to criminal liability for an intentional crime.

Example of wording in a contract:

Director Petrenko Vladimir Evgenievich acts in the interests of an individual entrepreneur on the basis of power of attorney No. 677/14 dated 09/02/2014.

A responsible attitude to documentation and drafting contracts will ensure the absence of problems with inspection authorities and counterparties, maintain the business reputation of the individual entrepreneur, and help avoid sanctions from both contractual and regulatory authorities.