It is important to stipulate the basis on which the individual entrepreneur operates in the contract with the entrepreneur. Incorrect wording can lead to negative consequences. Tax officials may fine the company, or the document will not have legal force. We will tell you how to correctly draw up a contract with an entrepreneur and indicate on what basis the individual entrepreneur operates.
Often mistakes are made when concluding an agreement with individual entrepreneurs. Namely, in the header of the document, where you need to indicate on what basis the individual entrepreneur acts: either they indicate that the individual entrepreneur acts on the basis of the charter, or they do not indicate the status of the entrepreneur. In both cases this is an error. In the first - because the entrepreneur does not have a charter. In the second, the tax authorities can decide that the entrepreneur is acting as an individual and fine the company for failure to pay personal income tax on payments under the contract.
In addition, the wording in the agreement on the basis on which the individual entrepreneur operates will depend on the date of registration of the individual as an entrepreneur, and on who exactly enters into the contract. We'll tell you how to correctly compose a document.
Preparation of contract
“Individual entrepreneur..., acting on the basis of a Certificate...”
If after the word “entrepreneur” (where you have an ellipsis) there is a man’s surname, then there should be no problems:
Individual entrepreneur Sidorov, acting on the basis of a Certificate... - individual entrepreneur Sidorov, acting on the basis of a Certificate... - about an individual entrepreneur Sidorov, acting on the basis of a Certificate... - and so on in any case.
But if the hypothetical entrepreneur is a woman...
Difficulties arise when using nouns denoting persons by occupation or profession.
Masculine nouns denoting male and female persons such as doctor, engineer, technologist, banker, assistant, manager, businessman, as a rule, agree with adjectives in the masculine form (i.e., in the ending), and with verbs in the form masculine or feminine depending on whether a person is male or female (i.e. by meaning).
For example: Experienced lawyer Ivanova won the case. — Experienced lawyer Ivanov won the case; The local doctor Smirnova visited the patient. — The local doctor Smirnov visited the patient.
The same applies to participles (syntactically - definitions).
In our case:
Individual entrepreneur Sidorova, acting on the basis of a Certificate...
Another quote:
The nouns doctor, professor, architect, deputy, guide, author and the like, naming a person by profession, type of activity, are classified as masculine. However, they can also refer to females.
The agreement of definitions in this case is subject to the following rules:
1) a non-isolated definition should be put in the masculine form, for example: A young doctor Sergeeva appeared at our site. A new version of the article of the law was proposed by the young deputy Petrova;
2) a separate definition after the proper name should be placed in the feminine form, for example: Professor Petrova, already known to the trainees, successfully operated on the patient.
The predicate must be put in the feminine form if:
1) the sentence contains a proper noun placed before the predicate, for example: Director Sidorova received an award. Tour guide Petrova took the students through the oldest streets of Moscow;
2) the form of the predicate is the only indicator that we are talking about a woman, and it is important for the writer to emphasize this, for example: The school director turned out to be a good mother.
Do I need a sole proprietorship name?
On the receipt from the beauty salon, instead of the ornate name that flaunts on the sign, we note the prosaic “IP Ivanova I.I.” But at the same time, it is difficult to find a store where only “IP” would be written above the entrance. Can an individual entrepreneur have a name other than his last name? Is this not against the law?
Indeed, in many areas of activity entrepreneurs cannot do without names. The store owner definitely needs a sign like “Products”, “Gym Equipment”, “Clothing”, “Toys”. To advertise your computer service, you need a catchy name. Here a commercial designation comes to the aid of an entrepreneur, which is what the above examples of individual entrepreneur names are.
A commercial designation replaces the company name for an individual entrepreneur, but is not subject to mandatory inclusion in official documents (Article 1538 of the Civil Code of the Russian Federation). An entrepreneur has the right to use it to individualize several objects of commercial activity - then, for example, the name of the individual entrepreneur’s stores will serve as a unifying factor. If an entrepreneur wants to go further and emphasize the uniqueness of his business, he can register a trademark - a verbal designation or logo, which legally is also not the corporate name of the individual entrepreneur, but allows him to dissociate himself from competitors and build a brand.
A trademark can be actively used in business activities by indicating it along with the official name of the individual entrepreneur. Having registered a trademark, an entrepreneur can order an original seal. In addition to the name, place of business, OGRNIP, TIN, it will have a designer logo. In this case, along with the commercial name, the full name of the individual entrepreneur must always appear. The contracts indicate the persons who concluded it, and in the case of an individual entrepreneur we are talking about an individual. By using a commercial designation instead of the official name of the individual entrepreneur, the entrepreneur misleads the counterparty.
If the LLC is represented by the director, then the individual entrepreneur is represented by whom?
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