In modern market conditions, the number of relationships between individuals and legal entities, and even with the participation of the state and its bodies, is constantly growing. Scientific and professional language, such organizations are called counterparties. Then you should find out: who is the counterparty?
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A contractor (in the broad sense) is any person expressing his will to form and fulfill contractual relations. Thus, the main principles of the counterparty follow:
- This is any subject. That is, an individual, legal entity, state, state bodies, constituent entities of the Russian Federation and others. An important feature is that the person must be legal, tort, or simply competent. The first implies the opportunity to acquire rights and bear responsibility for their actions, the second - to fully acquire, use the rights, and also bear full responsibility for them.
- Mandatory presence of the will of the subject. The subject composition of any legal relationship looks like a “counterparty-counterparty” relationship, and then it is already distributed to the “creditor-debtor”, “customer-executor” and so on. In a contractual relationship, the will of both parties is necessary. The process of expression of will of contractual legal relations in jurisprudence is also called an offer (offer) and acceptance (consent).
- The presence of a contractual relationship. In general, almost any interaction of people at the legal level is negotiable. This travel in public transport, and the purchase of goods in a store, just a contract does not necessarily exist in writing. Who is a contract counterparty? This is a party to obligations, the subject of legal relations.
Entrepreneurship
The sphere of entrepreneurship deserves special attention, because it is here that counterparties acquire a completely different look. Let's talk about who are the counterparties of the enterprise. Imagine that you want to sell a product and are looking for a buyer. Your buyer, in fact, is this counterparty if he agreed to the terms of the contract. But the amount of transactions is impressive, and therefore you must be safe and check your buyer as much as possible, because it may happen that a person who wants to purchase goods from you does not pay. It is not located at the official (legal) address, it is not clear what is led by it and who. Such a counterparty will be a serious problem for your business. Therefore, you should always be as careful as possible, double-check all organizations that work or want to work with your company.
Workflow
In general, it was the entrepreneurial sphere that began to actively use this term, later making it official. Only legal entities are required to reflect all their counterparties in their accounting. Who is the counterparty in accounting? This is also a person associated with the organization of the current or expired contractual relations, reflected in the document flow of a legal entity for reporting, paying taxes and the like. Moreover, such a measure of reflection of their counterparties is imperative. This means that any organization should reflect from whom it purchased the goods, to whom it was sold, to whom the service was provided, and so on. Moreover, for non-fulfillment of certain obligations related to document management, including the issue of reporting information on contractors, tax and administrative liability may arise.
Limitations
Having a little understanding of who the counterparty is, you should talk about those who cannot be them. There are a lot of nuances. For example, a legally incapable person cannot be a counterparty, because on his own he does not have the right to conclude and execute contracts. Counterparties may not be certain individuals and legal entities in special relations, for example, in a construction contract, the contractor cannot be an individual. By providing for such restrictions, the law protects the public as well as the interest of individuals - if the organization is physically unable to participate in a particular transaction, it would be better for it to prohibit it from doing so at the legal level, in order to avoid problems. It should be understood that for the provision of certain types of services or the production of certain types of work, a special license is required.
Conclusion
In any case, the implementation of entrepreneurial activity will lead you to the need for cooperation, the search for contractors, conclusion of contracts, agreements. In no case should you trust any person who offers you contractual relationships on favorable terms. Remember that caution is paramount: you need to check on whose behalf this or that person (or person) acts, what it is and who it is. A counterparty is not only a participant in a contractual relationship, it is a business partner and a trustee who can seriously let you down.