Moped is not mine, I just posted will announce
Often the result is important for the client: sales. Methods for solving the problem: technology, advertising, style, selection and influence on the target audience, support and promotion of an Internet resource are a means and do not interest the customer.
Or he simply does not believe in the effectiveness of the venture and spares resources.
Then the studio receives an offer of the type: "do everything yourself as it should, and from the sale you will receive a percentage." Agree or not? Each studio in each case will decide independently.
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This article is about goals, risks, ways of registration: agency agreement, commission agreement, commission agreement and onerous services agreement.
In the article, the word "product" means an object that is sold: goods, services, rights, files.
There may be the following options (add if I do not take into account something):
1. There is an expensive rare specific product (as a rule, existing in a single copy). It needs to be sold, anyway to whom, if only quickly and for a specified price.
These are penthouses, cranes, donor kidneys and stamp collections.
2. There is a consumer goods in demand, or a virtual product that is sold in any number of copies. It is necessary to increase sales, to be one of the sales channels.
This is the whole range of online stores, rights, files, dissertations
3. It is necessary to represent the interests of the seller and perform part of its functions (not only sale).
4. You and the truth, as in an epic thread, "just posted will announce." That is, you are not responsible for the goods or the transaction. Just brought to public notice.
1.You can be the only mediator
2.You can be one of several conditionally equal intermediaries
3.You may have the right of substitution
4.You can buy goods from the owner, be the owner at the time of the transactions
5.You can be a trustee to perform certain actions.
1. How to fix the sale through me?
In fact, here you have made a website or advertising. Suppose there is a consumer who is hooked by your activity. There is a chance that in the end he will buy from the seller.
To avoid paying you a commission, the seller and buyer may want to negotiate directly.
The most difficult situation is when you made only a part of the sale: for example, you identified a need and familiarized yourself with the product, and then the seller worked himself.
What to do?
- It is necessary to register in the contract the form of transfer of the client (by letter, for example, or by fax);
- It is possible to prohibit the customer and the supplier to communicate directly.
2. And if they sell without me? I worked?
If you are not the only intermediary, which happens most often, it is possible that, despite your activity, another agent will make a deal.
Not only will you not get a reward, you can deceive the expectations of the buyer. Your costs may also remain uncovered.
If you sell a consumer product, there may be difficulties with the amount of the product available and its distribution by agents.
What to do?
- It is necessary to include in the contract the payment of the cost of work with a minimum profit.
Example: website, advertising, support, content, sales service (calls, etc.) - 50 tr. prepaid, one-time, agency fee - 1 million rubles. in fact, one time.
- It is necessary to determine the responsibilities of the supplier.
3. And if the deal falls through?
The parties themselves may make the purchase: the seller and the buyer, and third parties. The risk of accidental non-execution of a transaction must be insured and liable. Who!
What to do? Choose the correct form of the contract (see below).
4. Who will pay taxes?
Tax and accounting in the country has not been canceled. If you enter into a contract, then a white transaction and transfer of remuneration are necessary. How to optimize taxation?
What to do? Choose the correct form of the contract (see below).
5. From whom will I receive a reward?
There are two options old as the world: take money from the seller (commission) and from the buyer (extra charge).
6. Who is responsible for claims to the transaction and the goods?
Does the intermediary (commission agent, agent) acquire responsibility for the transaction? Is he responsible for the accuracy of the information and the quality of the goods? “And if a moped is stolen?”
7. And if I sell more?
Sometimes it happens. They say: my price is a million, and you sell for as much as you want. In the law, this is called “making a transaction on terms more favorable than those indicated by the committent”.
Usually the additional benefit is divided in half, this is determined by the participants.
Russian law allows you to formalize such relationships with different contracts and forms of transactions. Differences mainly in the responsibilities and obligations of the parties.
Agency agreement is a more general form of commission agreements and commission agreements.
This group of contracts has a lot in common with the contract of paid services.
Agency contract
Agency agreement is universal. It does not limit the parties with strict frames, but allows you to set such frames. It is convenient to conclude such contracts to attract customers.
Legal peculiarities of agency contracts are regulated by chapter 52 of the Civil Code of the Russian Federation, and the definition of an agency agreement is given in article 1005 of the Civil Code of the Russian Federation .
The agent always acts at the expense of the supplier of the product or service.
There are options: the agent can work on its own behalf or on behalf of the seller (in the Civil Code and the examples the term “Principal” is used).
If the agent acts on his own behalf, then it is he who acquires the rights and becomes obliged. Even in the case when the seller is clearly specified in the contract. In fact, in this case, a contract of commission.
If the agent acts on behalf and at the expense of the seller, the rights and obligations arise directly from the seller.
It is important :
Agency agreement allows you to specify that the seller does not have the right to enter into agency agreements with third parties.
Agency agreement allows you to specify that the agent is not entitled to enter into agency agreements with other sellers of the same product.
The agency agreement cannot limit the circle of persons to whom the agent can sell a product or service. Such restrictions are void.
Source: Article 1007 of the Civil Code of the Russian Federation
Commission agreement
Commission agreement is one of the forms of agreements concluded in the conduct of commercial activities.
The customer is a supplier of goods or services. The commission agent is an agent, an intermediary.
The agreement of the commission has a number of strict restrictions on the rights and obligations of the parties.
The commissioner acts on behalf of the principal, in accordance with his instructions.
The law and comments on the topic of instructions and departure from them said a lot and in detail. In short: act reasonably and in the interests of the supplier, whenever possible with him in consultation.
If you sell more, get half the extra part of the price.
The commissioner in civil circulation acts on his own behalf (concludes transactions with third parties), and it is he who acquires the rights and obligations of a transaction concluded with a third party.
In the contract of commission you get almost the entire burden of responsibility to the buyer. In this case, you can safely not to mention the fact that "the moped is not mine"
All documents are processed by an intermediary.
Important : the intermediary is not responsible for the failure of the transaction due to the buyer's fault. The Civil Code of the Russian Federation describes in some detail the procedure for resolving such a situation ( clause 2 of Article 993 of the Civil Code of the Russian Federation ).
Goods received by the commissioning agent from the consignor are the property of the consignor.
Goods (here it refers to tangible or intangible assets) that came to the intermediary from the supplier belong to the supplier. You control the goods, but it is not yours and you will never be. ( Clause 1 of Article 996 of the Civil Code of the Russian Federation ).
The commission agent makes transactions at the expense of the principal.
All additional costs (insurance, shipping, customs clearance) must be compensated by the supplier.
In the contract, you can also specify the payment for the storage of goods, but by default it is not paid.
Commission agreement
By its legal nature, the contract of assignment has much in common with the commission agreement.
In both cases, you act in the interests and expense of the supplier.
The difference is that the attorney (the so-called agent in these contracts) does not become a party in the relationship of the buyer and the seller and has no rights and obligations in the sale transaction.
Service Agreement
All listed contracts are close relatives of a paid service agreement. It is possible that a lawyer recognizes your contract as one of those described, no matter how you call it.
However, if the conditions are specific, and you want to register everything - draw up a contract of paid services.
Two contracts of sale
As an option, it is possible to buy from the supplier of his goods under the contract of sale or in advance. There is nothing special in this form of a deal, but I think this is not our case.
The issue of taxation is complex and diverse. What to keep in mind:
If you are working under a commission agreement, agency agreement or commission agreement, the amounts you receive are taken into account in gross income and are considered as payment for services from the point of view of tax legislation.
If you are a reseller - welcome to the world of VAT, a full accounting system and work with assets.
However, there are options.
1. Civil Code. Almost everything about it. nalog.consultant.ru/doc53719.html
2. Commission agreement. Advantages and disadvantages. www.financial-lawyer.ru/newsbox/documents/159-536.html
3. Commission agreement. www.ktp-group.ru/advices/articles/210.shtml
4. The contract agreement. www.allpravo.ru/diploma/doc21p/instrum5393/item5397.html
5. The contract agreement. www.dom-i-zakon.ru/articles/inoe/1233
6. Agency agreement. Benefits. www.financial-lawyer.ru/topicbox/documents/159-441.html
7. Agency agreement. Features of accounting. www.audit-it.ru/articles/account/contracts/a70/156947.html
8. Agency agreement. Features of accounting and tax accounting. www.as-audit.ru/consulting/book_keeper/account/both/index.shtml
Or he simply does not believe in the effectiveness of the venture and spares resources.
Then the studio receives an offer of the type: "do everything yourself as it should, and from the sale you will receive a percentage." Agree or not? Each studio in each case will decide independently.
')
This article is about goals, risks, ways of registration: agency agreement, commission agreement, commission agreement and onerous services agreement.
In the article, the word "product" means an object that is sold: goods, services, rights, files.
When and why is it needed?
There may be the following options (add if I do not take into account something):
1. There is an expensive rare specific product (as a rule, existing in a single copy). It needs to be sold, anyway to whom, if only quickly and for a specified price.
These are penthouses, cranes, donor kidneys and stamp collections.
2. There is a consumer goods in demand, or a virtual product that is sold in any number of copies. It is necessary to increase sales, to be one of the sales channels.
This is the whole range of online stores, rights, files, dissertations
3. It is necessary to represent the interests of the seller and perform part of its functions (not only sale).
4. You and the truth, as in an epic thread, "just posted will announce." That is, you are not responsible for the goods or the transaction. Just brought to public notice.
Rights, obligations and relationships with the seller
1.You can be the only mediator
2.You can be one of several conditionally equal intermediaries
3.You may have the right of substitution
4.You can buy goods from the owner, be the owner at the time of the transactions
5.You can be a trustee to perform certain actions.
Risks and difficulties
1. How to fix the sale through me?
In fact, here you have made a website or advertising. Suppose there is a consumer who is hooked by your activity. There is a chance that in the end he will buy from the seller.
To avoid paying you a commission, the seller and buyer may want to negotiate directly.
The most difficult situation is when you made only a part of the sale: for example, you identified a need and familiarized yourself with the product, and then the seller worked himself.
What to do?
- It is necessary to register in the contract the form of transfer of the client (by letter, for example, or by fax);
- It is possible to prohibit the customer and the supplier to communicate directly.
2. And if they sell without me? I worked?
If you are not the only intermediary, which happens most often, it is possible that, despite your activity, another agent will make a deal.
Not only will you not get a reward, you can deceive the expectations of the buyer. Your costs may also remain uncovered.
If you sell a consumer product, there may be difficulties with the amount of the product available and its distribution by agents.
What to do?
- It is necessary to include in the contract the payment of the cost of work with a minimum profit.
Example: website, advertising, support, content, sales service (calls, etc.) - 50 tr. prepaid, one-time, agency fee - 1 million rubles. in fact, one time.
- It is necessary to determine the responsibilities of the supplier.
3. And if the deal falls through?
The parties themselves may make the purchase: the seller and the buyer, and third parties. The risk of accidental non-execution of a transaction must be insured and liable. Who!
What to do? Choose the correct form of the contract (see below).
4. Who will pay taxes?
Tax and accounting in the country has not been canceled. If you enter into a contract, then a white transaction and transfer of remuneration are necessary. How to optimize taxation?
What to do? Choose the correct form of the contract (see below).
5. From whom will I receive a reward?
There are two options old as the world: take money from the seller (commission) and from the buyer (extra charge).
6. Who is responsible for claims to the transaction and the goods?
Does the intermediary (commission agent, agent) acquire responsibility for the transaction? Is he responsible for the accuracy of the information and the quality of the goods? “And if a moped is stolen?”
7. And if I sell more?
Sometimes it happens. They say: my price is a million, and you sell for as much as you want. In the law, this is called “making a transaction on terms more favorable than those indicated by the committent”.
Usually the additional benefit is divided in half, this is determined by the participants.
Types and features of contracts
Russian law allows you to formalize such relationships with different contracts and forms of transactions. Differences mainly in the responsibilities and obligations of the parties.
Agency agreement is a more general form of commission agreements and commission agreements.
This group of contracts has a lot in common with the contract of paid services.
Agency contract
Agency agreement is universal. It does not limit the parties with strict frames, but allows you to set such frames. It is convenient to conclude such contracts to attract customers.
Legal peculiarities of agency contracts are regulated by chapter 52 of the Civil Code of the Russian Federation, and the definition of an agency agreement is given in article 1005 of the Civil Code of the Russian Federation .
The agent always acts at the expense of the supplier of the product or service.
There are options: the agent can work on its own behalf or on behalf of the seller (in the Civil Code and the examples the term “Principal” is used).
If the agent acts on his own behalf, then it is he who acquires the rights and becomes obliged. Even in the case when the seller is clearly specified in the contract. In fact, in this case, a contract of commission.
If the agent acts on behalf and at the expense of the seller, the rights and obligations arise directly from the seller.
It is important :
Agency agreement allows you to specify that the seller does not have the right to enter into agency agreements with third parties.
Agency agreement allows you to specify that the agent is not entitled to enter into agency agreements with other sellers of the same product.
The agency agreement cannot limit the circle of persons to whom the agent can sell a product or service. Such restrictions are void.
Source: Article 1007 of the Civil Code of the Russian Federation
Commission agreement
Commission agreement is one of the forms of agreements concluded in the conduct of commercial activities.
The customer is a supplier of goods or services. The commission agent is an agent, an intermediary.
The agreement of the commission has a number of strict restrictions on the rights and obligations of the parties.
The commissioner acts on behalf of the principal, in accordance with his instructions.
The law and comments on the topic of instructions and departure from them said a lot and in detail. In short: act reasonably and in the interests of the supplier, whenever possible with him in consultation.
If you sell more, get half the extra part of the price.
The commissioner in civil circulation acts on his own behalf (concludes transactions with third parties), and it is he who acquires the rights and obligations of a transaction concluded with a third party.
In the contract of commission you get almost the entire burden of responsibility to the buyer. In this case, you can safely not to mention the fact that "the moped is not mine"
All documents are processed by an intermediary.
Important : the intermediary is not responsible for the failure of the transaction due to the buyer's fault. The Civil Code of the Russian Federation describes in some detail the procedure for resolving such a situation ( clause 2 of Article 993 of the Civil Code of the Russian Federation ).
Goods received by the commissioning agent from the consignor are the property of the consignor.
Goods (here it refers to tangible or intangible assets) that came to the intermediary from the supplier belong to the supplier. You control the goods, but it is not yours and you will never be. ( Clause 1 of Article 996 of the Civil Code of the Russian Federation ).
The commission agent makes transactions at the expense of the principal.
All additional costs (insurance, shipping, customs clearance) must be compensated by the supplier.
In the contract, you can also specify the payment for the storage of goods, but by default it is not paid.
Commission agreement
By its legal nature, the contract of assignment has much in common with the commission agreement.
In both cases, you act in the interests and expense of the supplier.
The difference is that the attorney (the so-called agent in these contracts) does not become a party in the relationship of the buyer and the seller and has no rights and obligations in the sale transaction.
Service Agreement
All listed contracts are close relatives of a paid service agreement. It is possible that a lawyer recognizes your contract as one of those described, no matter how you call it.
However, if the conditions are specific, and you want to register everything - draw up a contract of paid services.
Two contracts of sale
As an option, it is possible to buy from the supplier of his goods under the contract of sale or in advance. There is nothing special in this form of a deal, but I think this is not our case.
Taxation
The issue of taxation is complex and diverse. What to keep in mind:
If you are working under a commission agreement, agency agreement or commission agreement, the amounts you receive are taken into account in gross income and are considered as payment for services from the point of view of tax legislation.
If you are a reseller - welcome to the world of VAT, a full accounting system and work with assets.
However, there are options.
Literature:
1. Civil Code. Almost everything about it. nalog.consultant.ru/doc53719.html
2. Commission agreement. Advantages and disadvantages. www.financial-lawyer.ru/newsbox/documents/159-536.html
3. Commission agreement. www.ktp-group.ru/advices/articles/210.shtml
4. The contract agreement. www.allpravo.ru/diploma/doc21p/instrum5393/item5397.html
5. The contract agreement. www.dom-i-zakon.ru/articles/inoe/1233
6. Agency agreement. Benefits. www.financial-lawyer.ru/topicbox/documents/159-441.html
7. Agency agreement. Features of accounting. www.audit-it.ru/articles/account/contracts/a70/156947.html
8. Agency agreement. Features of accounting and tax accounting. www.as-audit.ru/consulting/book_keeper/account/both/index.shtml
Source: https://habr.com/ru/post/36872/
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