An agency contract for the provision of mediation services, the model of which will be described later, is considered a type of civil law agreement. This document regulates the implementation of certain actions by the agent in favor of the principal (customer) for a fee. Consider the features of the agency agreement for the provision of intermediary services .
Distinctive features
It is necessary to clearly understand the difference between the agency agreement for the provision of intermediary services and the model agreement for the provision of services. The latter document has a narrower focus. It fixes the features of the provision of a particular service, which, in fact, is indicated in its text.
An agency agreement for the provision of intermediary services establishes a set of actions that the subject can carry out in the interests of the second party. This may be, for example, making deals, attracting customers, etc.
The agent is entitled to perform actions under the contract both on his own behalf and on behalf of the principal. The document should spell out specific duties and powers of both parties.
Prerequisites for design
An agency contract for the provision of intermediary services may be concluded in connection with:
- The need to organize an advertising campaign, expand the marketing of products, etc.
- Expansion of the territory / scope of the enterprise. In such cases, it is necessary to attract customers, resolve issues with the Federal Tax Service, counterparties , funds. This is precisely what the intermediary will help.
- The need to resolve corporate issues. For example, this may be the search for space, staffing, monitoring the activities of employees, etc.
Often concluded agency contracts for the provision of intermediary transport services. Such agreements are especially relevant today for online stores.
It is worth noting that a competent agent with sufficient experience can become an almost indispensable assistant for the management of the enterprise. Indeed, in fact, he takes on part of the director’s concerns. Of course, the intermediary must be reliable, have a good reputation. Otherwise, cooperation with him can cause serious problems.
Limitations
In order for the principal and agent to cooperate most comfortably, they must immediately stipulate the scope of authority and the terms of reference.
If we talk about the intermediary, then he has the right to take a written obligation from the customer that he will not use the services of other agents. As an exception, you can provide the opportunity to contact other intermediaries if the agent is not directly related to the scope or territory of the company. Simply put, the customer has the right to conclude agreements with several persons if the directions of their work do not overlap.
Another restriction for a principal may be a ban on attracting a new clientele, searching for new solutions, etc. in the territory of the agent.
The customer, in turn, has the right to prohibit the intermediary from providing similar services to other enterprises if they work in the same area.
The requirements established by the principal must be logical and adequate. For example, the contract cannot include the condition to attract one category of customers or search for counterparties only in a specific territory.
Difference from Surety
The difference between the agency agreement and the guarantee agreement is that when signing the latter, the contractor accepts the obligation to carry out all actions on behalf of the principal. In other words, any initiative of the agent is completely excluded.
When concluding an agency agreement, the contractor may well be guided by his own discretion and perception of the situation.
Design Features
As in other contracts, in the agency agreement on the provision of intermediary services must be present the required details:
- Information about the parties (name, full name of the representatives, documents in accordance with which they act).
- Date of signing.
- Document's name.
The agency agreement should also contain the essential terms of the transaction. These include:
- Subject of the contract.
- Obligations of the participants.
- Rules for fulfilling the conditions.
- The calculation procedure.
- Responsibility.
- Force majeure circumstances.
- Final provisions.
Content Description
The first paragraph indicates that the agent performs all his actions on behalf of the principal and on his behalf for a fee. The parties may provide a list of specific activities of the intermediary, the status of services, the terms of transactions that he can conclude, the cost and type of goods that he is entitled to purchase. If the agent’s tasks will include the selection of premises or structures for production activities, you can specify specific characteristics of the property.
The agency agreement for the provision of intermediary services should contain a specific list of obligations of the parties and restrictions on their authority. In this paragraph, in addition to the requirements mentioned above, there may be an indication that the agent must report on his activities. The parties provide for the procedure and deadlines for presenting the document, as well as its structure.
As for the customer, among other things, he must:
- Provide the intermediary with the necessary material resources.
- Receive reports.
- Pay remuneration in the prescribed amount and within the time agreed by the parties. Parties to the transaction may provide for compensation for additional costs.
It is advisable to most accurately describe all responsibilities.
One of the essential terms of the contract is a clause on the order of interaction between the customer and the agent. Orders to the intermediary can be transmitted in various ways (by mail, including electronic, by telephone, fax, etc.).
Terms of calculation
Important for both the principal and the contractor is the clause on the payment of remuneration. First of all, the parties must establish a form of settlement. The issuance of remuneration may be carried out by securities, money, bills, etc. Its value must necessarily be fixed by a document. In this case, the parties may establish the amount of remuneration both directly in the main contract and in the supplementary agreement.
Responsibility of the Parties
This section of the contract prescribes actions in case of violation by any of the parties to the terms of the agreement, the procedure for resolving disputes, the time period in which one party must notify the other about the occurrence of force majeure. It is advisable to spell out the grounds for going to court.
Final provisions
They, as a rule, indicate the period of validity of the contract and the conditions for the extension of the term. The same section may list the grounds for termination of the agreement, the number of copies and other additional information.
The agency agreement is signed by both parties. At the end of the document must be the details of the parties to the transaction and the press (if any).
Agency agreement for the provision of intermediary services: value added tax
In Russia, the provision of services is recognized as subject to VAT. The corresponding rule enshrines 41 subparagraph 1 of paragraph 146 of the article of the Tax Code.
For the purposes of taxation under an agency agreement for the provision of intermediary services, the entity defines the base as the sum of the proceeds received in the form of fees and other income when fulfilling customer orders. This rule is enshrined in clause 156 of the Tax Code.
Accounting under an agent contract for the provision of intermediary services with a contractor
In accounting, the agent’s profit is recognized as revenue from ordinary activities. Postings under an agency agreement for the provision of intermediary services are as follows:
- Db sc 90 subch. 90.1 cd 76.5.
Experts recommend opening an additional sub-account for account 76.5 for settlements with the principal.
The costs of the intermediary are accounted for in the account. 26. Amounts accumulated in this account are transferred to DB account. 90 sub. 90.2
Accounting with a principal
Revenue by the customer is reflected after receiving from the agent a report on actually fulfilled obligations under the contract. This document acts as a confirmation of compliance with the conditions given in PBU 9/99 (paragraph 12):
- The company has the right to receive revenue, in accordance with a specific contract or confirmed by another document.
- The amount of profit can be determined.
- There is confidence that as a result of a specific operation, the economic benefits of the enterprise will increase.
- The ownership of the product passed from the manufacturer to the acquirer or the work was accepted by the customer.
- An entity may determine the costs that are incurred or anticipated in the future in connection with a given transaction.
To reflect information about the goods transferred to the agent for sale, the principal uses the invoice. 45. The transfer of products is recorded by transferring amounts from Cd sc. 41 in dec. 45.