Many companies due to the specifics of their activities using agency agreement when working with each client (used by entrepreneurs and legal entities, most real estate agencies).Agency agreement or a contract of agency is also useful to other organizations: there are not enough staff to handle the total volume of orders, hiring experts from outside.
Of course, the agency contract as a form of contract has its own peculiarities and its contents must comply with the standards described in the law for all types of contracts (Article 432 of the Civil Code) and for certain types of (federal laws).Despite the fact that the specific requirements of the contract of agency-in-law is not, the following essential features of his (Articles 1005-1011 of the Civil Code).
The agency contract person carrying out certain activities for a fee, is listed as an agent.He can speak on behalf of the company (the principal), which concluded the contract, in matters within its competence.If it is about the customer and the real estate agency, for example, the agent acts as a realtor, that is,Principal representative of (agency).
main distinguishing feature of the agreement - the agent's fee.If it is not registered, the contract may be considered null and void (difficult, but possible).As payment for the agent is an essential condition of the contract, it should be spelled out and witness the agreement reached between the parties on major issues of contractual relations (except the question of payment for work performed is not essential ?!)
Like any other contract, inthe agency should be established subject of the contract (the activities expected of the agent), duration.These items are also considered the agency contract essential terms of the contractual relationship.It should add a section on the responsibility of the parties and their rights.For example, what consequences ensue in the event of failure of one of the parties to fulfill their obligations under the contract.
Agency Agreement also differs from other species by the fact that the work performed to confirm the agent draws up the act of acceptance of work or report.Only after the signing of the principal Act (after the adoption of the report) of work deemed to be met and shall be payable in the amount of agency fee.Organizations (and it is, as a rule, agency services), carry out their activities to the public through the agency agreement, such acts do not make up.
signed contract organizations working with clients exclusively through them, store and carry their registration in accounting (for confirmation expense or income).Agency agreements follows.
first.The Tax Code clearly stipulates that the agency agreements (ie agency fee) will be charged VAT.
second.If the company takes on the part of the agent, payment for his services produced as a "debtor or creditor."The basis for the calculation of the agent is his report on the work performed or the act of acceptance of works (signed by the agent and, if approved by the principal - the firm hired him).
If a company works with clients on the basis of agency agreements - considered the agency fee income businesses.This income taxes may be reduced due to the costs (but they must be confirmed by official documents), if you hold this amount is paid by the client solely on the cost of the company.Taxes are not levied exactly with the sum of costs.
Thus, the agency contract - convenient form of cooperation, in terms of accounting, which allows also to make it important for the parties conditions.
