What details should be specified in the contract. Individual entrepreneur details (for a contract, employment contract, primary documents)

07.08.2019

In business activities, individual entrepreneur details are often used in contractual relations. These details are needed in contracts so that the parties can interact with each other, know where to go if they have complaints, and can make payments under the contract. In employment contracts, the details of individual entrepreneurs must be indicated in accordance with labor legislation. Indication of the entrepreneur’s details is also required by law when drawing up primary documents. Naturally, the list of specified details for these cases is different. In this article we will tell you about this in detail.

What are the details of the contract, what information relates to them?

A contract is an agreement between two or more persons to establish, terminate or change civil rights and obligations. As a rule, it is concluded in writing, and therefore certain requirements are imposed on the procedure for its preparation both by law and by business rules.

Mandatory details of a contract are considered to be elements whose non-inclusion in the contract will entail its recognition as not concluded. At the legislative level, the concept of the term in question is not disclosed, i.e. this issue is considered to be general theoretical. Meanwhile, the correct formation of contracts indicating all the necessary details is of key importance, so it is important for any legal practitioner to clearly understand how a contract is drawn up and what data needs to be included in it.

Details are usually divided into two types:

Basic information, the content of which distinguishes the contract from other types of similar documents.
Legal elements of the contract.

The first type of mandatory details of the agreement includes information about the parties to the transaction, their names, bank details, name of the agreement, its number, date of conclusion, place of signing, signatures of the parties. In other words, this is information (data, information) that provides the legal force and significance of the document.

Legal elements are understood as information of a legal nature that must be included in contracts due to legal requirements (for example, essential terms).

Transaction details can be either mandatory or optional. The former must be included in written contracts imperatively and without alternative (for example, signatures of the parties, essential terms of the contract); the latter are not required to be indicated, but in some situations they may be of decisive importance.

For information on the mandatory and recommended details of the contract, also read the ready-made solution ConsultantPlus. If you do not yet have access to the ConsultantPlus system, you can obtain it free of charge for 2 days.

If the details are entered into the contract incorrectly, they can be changed after its conclusion. Read about how to do this in our feature article.

Sample individual entrepreneur card with details

An individual entrepreneur card is an internal document of an informational nature. The card is provided to future and existing partners to familiarize themselves with the businessman’s data. This document contains comprehensive information, which can then be used in the preparation of various business documentation. Typically the card contains the following information:

Full name of the entrepreneur;
OGRNIP;
OKVED;
personal data of the director of the individual entrepreneur;
registration address and actual location;
name of the bank servicing the individual entrepreneur;
bank correspondent account;
identification code of the banking organization;
individual entrepreneur current account;
TIN;
contact information (telephone, fax, e-mail).

The IP card plays the role of a business card, which can increase the degree of trust in new partners. Currently, there is no unified form for compiling this document. Often it is a table containing the information listed above. At the same time, a businessman can show his imagination and place them on letterhead, which will certainly attract the attention of potential partners.

We offer an option of what a section in an employment contract might look like to indicate information about the employee and the employer.

Please note that the example of details in the contract presented above is not the only correct one. At the discretion of the parties, other information may be added. For example, an employee may additionally ask to enter the number of a bank card to which his salary will be transferred. At the same time, such a template can also be used when concluding a civil contract with an employee to perform work or provide services.

Let us recall that in some cases it is necessary to take into account standard forms of labor agreements developed by officials. Thus, it will be useful for micro-enterprises to study Government Decree No. 858 of 08/27/2016, and when concluding a contract with the head of a state (municipal) institution - Government Decree No. 329 of 04/12/2013.

An expanded, but not maximum, list of individual entrepreneur details contains the following information:

Full name of the entrepreneur,
IP registration address,
OGRNIP,
OKVED,
OKPO,
Bank details,
contact number,
Email.

This list can be expanded both at the request of the entrepreneur and at the request of his business partners.

Please note: The list of required details for a legal entity includes . This detail is the registration code. Some organizations may be registered not once, but several times. Each time an organization is registered, an additional checkpoint will be assigned. An individual entrepreneur is registered only once, so a checkpoint is not assigned to him at all.

Such a letter is provided both in paper and electronic form. It may have a round seal and signature of the entrepreneur and his chief accountant.

This will make it easier for him to fill out invoices and contracts, and when filling out a payment order to the bank, he will definitely not make a mistake in filling out the details.

So, provide the following details when concluding an employment contract:

last name, first name and patronymic of the employee. This information is transferred from a passport or other identity document;
information about the employee’s identity document. Here you need to indicate your passport information;
employer's name. Here you must indicate the full name of the organization. If desired, you can also write a short name;
employer's tax identification number;
information about the official of the organization who signs the employment contract.

Let us note that most often, employment contracts are signed by the head of the organization, therefore it is his last name, first name and patronymic, as well as the title of the position that are indicated in the document. In addition, the grounds on which the employer’s representative has the right to sign an employment contract should be indicated.

The Customer", on the one hand, and the citizen, passport (series, number, issued), residing at the address, hereinafter referred to as the "Contractor", on the other hand, hereinafter referred to as the "Parties", have concluded this agreement, hereinafter the "Agreement" , about the following: 1. SUBJECT OF THE CONTRACT 1.1. The Customer instructs, and the Contractor undertakes, the obligation to complete the following work within a period of up to "" year. 1.2. The work must meet the following requirements: . 1.3.

Attention

The Customer provides the Contractor with everything necessary to perform the work provided for in this agreement. 1.4. The customer is obliged to accept and pay for the work in a timely manner. 2. AMOUNT AND PROCEDURE OF PAYMENT 2.1. For the work performed, the Customer pays the Contractor rubles.

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2.2. Payment is made no later than days from the date of acceptance of the work. 3. RESPONSIBILITY OF THE PARTIES 3.1.

The employer's details in the employment contract are indicated in the same section. In this case, the name of the employer is reflected in the introductory part of the employment contract; it also indicates the last name, first name and patronymic of the employee.

Details in an employment contract sample Read about the topic in the electronic journal Mandatory details in an employment contract Those details that must be indicated in the text of the employment contract are also given in Article 57 of the Labor Code of the Russian Federation.

Therefore, traditionally, the contract specifies information that will allow the organization to be identified, namely:

Name;
registration data (at least TIN and KPP);
addresses for sending postal correspondence;
contact details - telephone, e-mail, fax.

This is a minimum set of information and can be expanded.

Employment contract

Most often this happens through bank details, which are required if payment for goods or services is expected. It is not necessary to indicate them, but since information about the current account and the bank where it is opened will still be needed to transfer funds, communication with the counterparty can be simplified.

A sample of addresses and details of the parties in an agreement concluded between two legal entities looks like this: Sample of details in an agreement between an organization and an individual Agreements can be concluded not only between legal entities, but also between a company and an individual, including individual entrepreneurs. What data indicate in this case? The list of data for the company will not change.

The organization indicates information by which it can be identified and contacts can be maintained with it.

This is a minimum set of information and can be expanded. Most often this happens through bank details, which are required if payment for goods or services is expected. It is not necessary to indicate them, but since information about the current account and the bank where it is opened will still be needed to transfer funds, communication with the counterparty can be simplified.

The list of data for the company will not change. The organization indicates information by which it can be identified and contacts can be maintained with it. A similar set of information will be required from an individual entrepreneur:

Name;
TIN;
registration address;
Contact details;
information about the account and the bank in which it is opened, if payment for goods, services, or work is expected.

The picture below demonstrates how the last section of the contract between an LLC and an individual entrepreneur is most often drawn up.

If one of the parties is an individual who does not have the status of an individual entrepreneur, then the contract will contain data identifying a specific citizen. In particular, they write down information from an identity document. Most often, this is passport data, including information not only about the passport itself, but also about registration and place of temporary registration (if registration does not coincide with the place of residence).

Additionally, the individual’s TIN and SNILS can be registered, if both numbers are available. Numbers will be needed, first of all, when concluding an employment contract or a work contract. Employers need these identifiers mainly for reporting to tax authorities and the Pension Fund.

When signing cooperation agreements, organizations are also asked to provide bank card information for transferring payments (salaries). Such information can be compared with bank details, which are specified in the contracts of individual entrepreneurs and organizations.

For a template for clarifying the information in an agreement between a company and a citizen who is not an individual entrepreneur, see below. The sample demonstrates how the final part of an employment agreement can be drawn up.

5. Duration of the contract

The start date and completion date of work under the contract are indicated in the format “day, month, year”, for example: start of work on March 12, 2008.

6. Details of the parties

This part of the contract includes:

postal details of the parties;
bank details of the parties (current account number, bank establishment, bank code, microfinance organization, etc.);
shipping details (if the contract product is supposed to be delivered by any type of transport).

Contractor: LLC “Kontur”, St. Petersburg, Novocherkassky pr., 18 INN1 R/sv DO Civil OJSC “Petrovsky NB”, St. Petersburg, Nevsky pr., 44 K/sBIK OKPOOKONH 71100, 14965

Addresses and details of the parties to the agreement

Any civil contract must contain information about its parties - such information is usually called “details of the parties to the contract.” The law does not define requirements for the composition of this data, but it is assumed that it is necessary to write it down so that the parties to the contract can be accurately identified by both counterparties and third parties.

At a minimum, the contract must reflect the names of the parties, i.e. the names of legal entities and full names of individuals. This is due to the fact that legal entities act in civil circulation under their own name, and citizens exercise their rights under their own names. Since legal entities cannot sign documents on their own, executive bodies or representatives act on their behalf. In this regard, it is necessary to specify in contracts the name of the position of the person acting on behalf of the organization and the grounds for vesting his powers (for example, a power of attorney or charter).

Situations are also possible when several individuals have the same full name or several organizations have the same names. In this regard, a more precise indication in the contract of the identifying characteristics of the parties to the transaction is required. For legal entities this is OGRN, for individual entrepreneurs - OGRNIP, for citizens - passport data. In addition, the TIN, location/residence address helps to identify the parties. Indicating the addresses of the parties also has a legal meaning due to the fact that the jurisdiction of disputes when they arise is determined, as a general rule, by the location/residence of the defendant.

Since most transactions are of a commercial nature, it is recommended to include the bank details of the parties in their text. This is also important because bank details are one of the ways to identify counterparties. We will talk about this in more detail later in the article.

Full bank details

Transfer of funds is carried out on the basis of a completed payment order. If there is erroneous information or incomplete data, one of the following will occur:

the banking system will not be able to process the payment (incomplete data);
funds will be transferred incorrectly to an unauthorized person (data error);
the transferred amount will be returned to the account with the loss of the bank commission (data error).

It is advisable to check the correctness of filling in all the data necessary for the correct execution of the payment transaction:

full name of the organization or last name, first name and patronymic of an individual;
INN and KPP of the account owner;
bank account number, consisting of 20 digits;
full name of the banking organization in which the account holder has financial assets, as well as the address of the bank's location;
Bank BIC (always consists of 10 digits and starts with 04);
correspondent twenty-digit account number, which begins with the numbers 301.

for an individual – 12 digits;
for a legal entity – 10 digits.

If filled out correctly, the last three digits of the BIC will coincide.

If you need account details of an individual, but the owner cannot provide them, you must proceed as follows:

obtain information through online banking;
request information by phone - call the bank and ask; the bank may need information about passport data or the word used as a code;
Personally visit a bank branch with your passport - bank employees will provide this information in printed form.

Signatures of the parties

According to paragraph 1 of Art. 160 of the Civil Code of the Russian Federation, a written transaction must be formalized by drawing up a document that expresses the content of the contract and is signed by the persons making the transaction or citizens authorized by them.

The signature of the party to the contract is evidence of his will to conclude the transaction.

By virtue of clause 5.22 of GOST R 7.0.97-2016, the following information is included in the signature:

name of the signatory's position;
the signature itself;
transcript (initials, surname).

Sample signature of a party to an agreement:

General Director: (signature) /I. I. Ivanov/

If the agreement was not drawn up on letterhead, the name of the organization is included in the signature.

Example:

General Director of Garantir LLC: (signature) /I. I. Ivanov/

If an agreement is signed by several persons who occupy different positions in the hierarchy, their signatures must be located one below the other in a hierarchical sequence.

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Example:

“General Director: (signature) /I. I. Ivanov/

Marketing Director: (signature) /P. P. Petrov/".

IMPORTANT! Civil legislation does not establish mandatory requirements for the presence of a decrypted signature in contracts, therefore its absence does not entail the recognition of the contract as not concluded (appeal ruling of the Belogorodsky Regional Court dated September 13, 2016 in case No. 33-1624/2016).

The absence of a signature in the contract indicates its non-conclusion. This is due to the fact that the agreement comes into force only after signing by the parties. Any document without a signature is anonymous and has no legal force.

Administrative and organizational documents

24.03.2019

Each business entity must, when concluding an agreement, provide the counterparty with all the necessary information for execution of the agreement and its subsequent execution. What information should be transferred to the counterparty and how to formalize it is a question that occupies many entrepreneurs at the beginning of their activities.

The article suggests finding out what the details of an individual entrepreneur are and considering a sample letter with the details.

The details of an entrepreneur, as well as a legal entity - an organization, are information that characterizes an individual entrepreneur (legal entity) as a subject of economic activity. The first thing business partners ask for when there is a verbal agreement to conclude a deal is a letter with details. What they contain and how they can be used.

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Such a letter is provided both in paper and electronic form. It may have a round seal and signature of the entrepreneur and his chief accountant.

This will make it easier for him to fill out invoices and contracts, and when filling out a payment order to the bank, he will definitely not make a mistake in filling out the details.

Please note: Along with the letter containing the details of the entrepreneur (organization), as a rule, copies of documents confirming the information contained in the letter are provided. Copies of certificates, extracts from the Unified State Register of Individual Entrepreneurs, etc.

One of the main documents for which details may be required is an agreement. As a rule, they are indicated in the contract in one article (section). Individual entrepreneur details in the contract are a necessary element; without it, both the draft contract itself and the transaction itself cannot be executed.

Please note: Since individual entrepreneurs and legal entities have some differences in status, the details that correspond to each other and are indicated in the contract may differ. corresponds to the OGRN of a legal entity. The TIN of an entrepreneur (individual) has 12 numbers, the TIN of a legal entity is only 10, and it is supplemented by a checkpoint.

Banking details are usually separated into a separate subtype of details. They are intended to ensure that the other party to the contract makes the necessary payment as payment for goods, work or services. The information contained in the bank details is transferred to the payment order and the buyer's bank makes a payment using them.

Another purpose of the details is the ability to seize the accounts of an unscrupulous counterparty, seller or performer who, having taken the funds, did not fulfill the obligations under the contract.

Bank details include:

(name “r/s” and 20 digits of number),
the bank where the account is opened,
location of the bank,
bank correspondent account number (name “c/s” and 20 digits of the number),
bank identification number (BIC) containing nine characters,
TIN and KPP of the bank (optional).

Please note: The last three digits of the BIC and the correspondent account must match. If this is not the case, then there is an error in the details provided. In addition, in banking institutions the correctness of the current account number is checked automatically by the value of the control key present in the number.

It is worth considering that an entrepreneur is not required to open a bank account. Therefore, the implementation of its activities can occur without opening a bank account.

All financial transactions take place using cash, and even taxes are paid through the bank's cash desk. In such a situation, the entrepreneur naturally does not indicate information about the bank account in his details.

What's needed

TIN 123456789123

As additional information, you can indicate the following data (they rather serve an informative function):

IP power of attorney.
Actual address.
Personal or corporate e-mail.
Phone number.

Additional details serve rather an informative function.

An individual entrepreneur has the right to issue a power of attorney to any responsible person. This fact also needs to be documented in the individual entrepreneur’s details. You need to fill in the full name of the authorized person, the number and date of the issued power of attorney.

It is advisable to register the actual address if your business activity is related to suppliers or if it does not match the legal address.

You make the decision to enter additional details of the individual entrepreneur independently, but counterparties may require you to provide more detailed information about your company. It's a matter of trust.

Bank details

The start date and completion date of work under the contract are indicated in the format “day, month, year”, for example: start of work on March 12, 2008. This part of the contract includes:

postal details of the parties;
bank details of the parties (current account number, bank establishment, bank code, microfinance organization, etc.);
shipping details (if the contract product is supposed to be delivered by any type of transport).

For a party that is a legal entity, the details are recorded in the following sequence: name of the organization, postal address, TIN, bank details.

When registering details, graphic highlighting is usually used. LLC "Kontur", 198121 St. Petersburg, Novocherkassky pr., no.

18 Account number 40401810403000001542 in the Civil subsidiary JSC "Petrovsky NB", 192313 St. Petersburg, Nevsky pr., no.

44 For an individual, the details are recorded in the following sequence: last name, first name, patronymic, TIN, residence (registration) address, home telephone number, passport details. If required, payment details are also indicated, for example: Contractor: Sergeev Alexander Ivanovich, TIN 781624692509 Address: 192116, St. Petersburg, st. Bukharestskaya, 41, bldg. 1, apt.

88, tel. (812) 311-5552. Passport series XXII-AK No. 614443 issued to 11 departments. police of St. Petersburg on December 23, 1977, account No. 77221 811 6 2211 2703400 in the Branch of Sberbank of the Russian Federation - North-West Bank, Frunzenskoe OSB No. 2006/0616,

acting on the basis of registration certificate No. 123456789, hereinafter referred to as “Buyer” on the other hand. In our example, we have given the most common mistakes.

In relation to a legal entity, two main mistakes are made: 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.

The details of the agreement are its elements, as well as the data contained in the agreement in the prescribed manner to recognize it as valid. The list of required details depends on the type of document and may be different. It is necessary to separate the concept of details as a component of the preparation of documents according to the rules of office work and details from a legal point of view.

This article will discuss the following points:

the concept of “contract details”,
rules for using details in the contract,
list of contract details.

A contract is an agreement between two or more persons to establish, change or terminate rights and obligations. According to the Civil Code of the Russian Federation, there is freedom of agreements, so they can include the conditions necessary for the parties.

But the same code states that every document must contain certain details. Only if they are present will the paper be recognized as valid.

The simplest option is to use a standard form, which already contains the details of the contract, and make changes to it according to the circumstances of a particular transaction.

1. The document must contain all the elements of the structure - we are talking about the details of the contract as a component of the design. Clearly indicate the identification details of the parties (including company name, legal form, Taxpayer Identification Number, and, if necessary, address and bank details).

Authorized persons who have the right to conclude and the grounds on which they act should be listed. The seal belongs to the optional details of the contract, in contrast to the signatures of these persons. An important element is the name: contract or agreement; ideally, it is necessary to designate the specific type of document.

Mandatory details include the place and date of conclusion.

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Find out more about the details

2. The document must contain essential terms. These include conditions on the subject of the agreement, conditions specified in the legislation as essential or necessary for securities of a particular type, and all conditions on which it is planned to reach an agreement.

The Civil Code of the Russian Federation states that in the absence of even one of the above essential conditions, the document is considered invalid. The most important element of a contract is its subject matter. Its definition is approached extremely carefully due to the lack of a clear definition of this concept in legal science. In essence, the subject is the essence of the transaction.

It can be defined as follows. First, the type of action for which the agreement is concluded (for example, sale or insurance) is reflected. Then the object is designated (for non-residential premises, the address, area and other parameters are indicated). Some types of securities provide for special conditions.

How to write an address in English for the UK

In British English there is no period after Mr, Mrs, Ms or initials.

According to the requirements of the Royal Mail, the name of the city is written in capital letters.

So, an example of a UK postal address would look like this:

Miss S Pollard 2 Chapel Hill Heswall BOURNEMOUTH BH1 1AA UK