Agreement on joint activities and cooperation: a sample agreement

The agreement on joint activities and cooperation is the union of the joint efforts of two or more persons to achieve a single goal. The activities of such associations are regulated by various normative acts, since such formations can operate in any area of legal relations.

Partnership in the commercial sphere

The Civil Code treats the agreement on joint activities and cooperation as a comradely agreement. In most cases, the overall effort is aimed at obtaining financial benefits and optimizing taxation.

The main advantage of the agreement is that the partnership does not involve the creation of a new legal entity.

Any legal entities, individual entrepreneurs and non-profit institutions can organize such partnerships, provided that such right is fixed in the statutory documents. It is forbidden to join such municipal and state educational organizations.

Parties to the agreement can be any number, no restrictions. It is possible to unite not only efforts, but also property.

Cooperation agreement: sample

As the basis for the creation of a partnership may be the desire to provide services or provide financial or technical assistance to someone, develop together the documentation. The contract can be urgent, concluded for a certain period or unlimited, or concluded for a period, until the goal specified in the agreement is reached. Legislation establishes a number of requirements for the contents of the agreement. Let's consider in detail some points.

Obligations, which the participants undertake

In this paragraph, the amount of financial and material contributions made by each party should be indicated. In addition, it is advisable to establish:

1. What work will be done to achieve this goal.
2. How will the roles of the parties be distributed.
3. What will be the technical base used in the work.
4. Methods of conducting accounting and legal justification for activities stipulated in the agreement.
5. If there are losses, how will they be repaid.

Confidentiality

It is important to immediately specify whether the contract contains confidential information and how they can be used. This type of transaction involves close attention to the use of information. The parties will cooperate closely, therefore some confidential information will become known, so it's better to immediately set the conditions for its use.

Distribution of profit and loss

In order to avoid any unnecessary questions in the future, we should immediately write down how the benefits will be divided according to the agreement on joint activities and cooperation. Distribute profit can be in accordance with the contribution of each participant. The income can be calculated as a percentage or in fractions. You can also distribute and losses.

Rights of Parties

If the agreement does not clearly state the rights of the parties, then by default they have the right to:

• Use of common property, which is entered into partnership under the contract;
• Receive from the other party all necessary documents that are required to achieve a common goal;
• Enter into legal relations with third parties, if a power of attorney has been issued for this, or this is explicitly stated in the text of the treaty.

Liabilities to the budget

Any profit should be taxed, so the agreement should clearly state this point. The profit tax can be paid by each of the parties separately after receiving the share due. The parties can agree on the fact that the tax will be paid at the moment when the profit is not yet distributed between them.

Partnership of natural persons

There is no direct prohibition on an agreement on joint activities and cooperation between citizens. Despite the requirements of Article 1041 of the Civil Code, which defines the parties to a simple partnership and in which there are no natural persons, other articles of the Code allow individuals to carry out entrepreneurial activities. Any cooperation implies the achievement of a common goal, so we can conclude that there are no prohibitions.

Naturally, such a point of view can not be called flawless, but the creation of a partnership by way of concluding an agreement on cooperation and joint activity between individuals can not be called unlawful.

"Deal with Justice"

More recently, the term "pre-trial cooperation agreement" appeared in the criminal trial. It means that the parties to the defense and the charges enter into a certain "transaction" that provides for the conditions of responsibility for the suspect or the accused. The agreement can be concluded at any stage of the criminal process. This can happen when the case is opened. However, the execution of the document is allowed before the ruling on the completion of the preliminary investigation.

The essence of the prisoner of a pre-trial cooperation agreement is as follows:

A person who is suspected or accused of committing a particular crime, is cooperating with the investigation. For example, the alleged thief tells where the stolen things are, or when and where they were sold, that is, in every way it helps in the detection of the crime;

An investigator or an investigator provides a guarantee that such cooperation will reduce the possible term of conviction by half.

At the stage of consideration of the case in court, the judge also can not break such agreements, he can only mitigate the punishment, up to the conditional punishment. When concluding a pre-trial cooperation agreement, the accused can not be subjected to extreme measures, life imprisonment or the death penalty.

However, there are restrictions in such an agreement, the accused can not only report on his own participation in the crime, in other words, he should expose the "leaders" and organizers.

When concluding a transaction, the investigative authorities pursue certain goals, their desire to disclose previously unrevealed crimes, or to obtain information that can facilitate the disclosure of the criminal intentions of certain persons. The purpose of the suspect or the accused is clear and so is to get the least possible sentence.

A lot of controversy still exists around the conclusion of the pre-trial cooperation agreement. First, the Code of Criminal Procedure says that, despite the conclusion of a "deal" with the law, the accused is not obliged to admit guilt. And if a person under investigation has told all the "secrets", and the prosecutor or investigator does not want to conclude an agreement? How to act in this situation to the accused, because in fact his rights to protection are violated. Secondly, the actions of an official can be appealed in this case only by departmental procedure, that is, by applying to the head of the official conducting the investigation. However, another head of the Code of Criminal Procedure states that the court is obliged to examine any complaints from suspects, accused and their defenders, about the offenses and inaction that officials committed during the investigation of the criminal case. Thirdly, the question of providing security to a person who concluded a pre-trial cooperation agreement after he was sentenced to a conditional sentence. Is it possible to keep such a person in custody? After all, this is a great risk and a threat to the life and health of the accused. The issue of cooperation with the investigation of persons who have not reached adulthood has not been resolved. Despite the difficulties, it is still noticeable that steps are being taken at the state level towards the eradication of crime and the interests of those in custody are taken into account.

Intergovernmental partnership

Perhaps not only cooperation between commercial enterprises and an agreement on cooperation in criminal proceedings. Such relations arise and at the international level.

States can pool their efforts to achieve specific goals, by creating certain organizations:

• For economic development, for example, the European Union;
• Political formation - OSCE;
• Military association - NATO;
• Cooperation in the field of medicine - WHO.

Signing cooperation agreements governments of states also have the right and not only on specific issues, but also on general, for example, in the UN and the OSCE. Such organizations can consider any issues relating to international life.

Relations within the state

Self-governing bodies have the right to conclude contracts, agreements on cooperation. From the side of the city executive committee or the village council there can be some management. For example, this Department of Physical Culture and Sport of a specific region can conclude an agreement on cooperation with the council of rectors of higher educational institutions. The direction of partnership can be the implementation of state educational standards, the improvement of youth and the promotion of a healthy lifestyle. Cooperation can be manifested in the form of joint activities and the development of programs to implement and implement in the student environment a desire for a healthy lifestyle.