Who is the counterparty and where is it needed?

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 contractors. Then you should know: who is the counterparty?

"In the morning chairs - in the evening money ..."

The counterparty (in the broad sense) is any person expressing his will for the formation and performance of contractual relations. Thus, the main principles of the counterparty follow:

1. This is any subject. That is, a physical, legal entity, state, state bodies, subjects of the Russian Federation and others. An important feature is that a person must be right- and delictual, or simply capable. The first implies the ability to acquire rights and be responsible for their actions, the second - to fully acquire, use rights, and also bear full responsibility for them.
2. Obligatory presence of will of the subject. The subject composition of any legal relationship looks like a "counterparty-counterparty" relationship, and then it is already distributed to a "creditor-debtor", "contractor-executor" and so on. In the contractual relationship, the will of both parties is necessary. The process of expressing the will of contractual legal relations in jurisprudence is also called an offer (offer) and an acceptance (consent).
3. Presence of contractual relations. In general, practically any interaction of people at the legal level is a contractual one. This is the journey in public transport, and the purchase of goods in the store, just a contract does not necessarily exist in writing. Who is the contracting party to the contract? This is the side of obligations, the subject of legal relations.

Entrepreneurship

Separate attention deserves the sphere of entrepreneurship, because it is here that counterparties acquire a completely different kind. Let's talk about who are contractors 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 reinsured and check your buyer as much as possible, because it can also happen that a person who wants to buy goods from you will not pay it. At the official (legal) address it is not located, it is unclear what it is managed and who. Such a counterpart will be a serious problem for your business. Therefore, you should always be as cautious as possible, recheck all organizations that work or want to work with your firm.

Document management

In general, it was the entrepreneurial sphere that began to actively use this term, further making it official. Only legal entities are required to reflect all their counterparties in their accounts department. Who is a counterparty in accounting? It is also a person connected with the organization by the current or expired contractual relations reflected in the legal entity's document circulation for delivery of reports, payment of taxes and the like. And such a measure of reflection of its counterparts is imperative. This means that any organization must reflect from whom it purchased the goods, to whom it sold, to whom the service was rendered, and so on. Moreover, for failure to fulfill certain duties related to document circulation, including in the matter of reflecting information on counterparties, tax and administrative liability may occur.

Restrictions

A little understanding of who such a counterparty should talk about those who can not be them. There are a lot of nuances here. For example, an incompetent person can not be a counterparty, because he himself has no right to conclude and execute contracts. Counteragents can not be some individuals and legal entities in special relations, for example, in a construction contract, a contractor can not be an individual. 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 on a legal level, in order to avoid problems. It should be understood that a special license is required to provide certain types of services or production of certain types of work.

Conclusion

In any case, the implementation of entrepreneurial activities will lead you to the need for cooperation, the search for counterparties, the conclusion of contracts, agreements. In no case should you trust any person who offers you a contractual relationship on favorable terms. Remember that prudence is above all: it is necessary to verify, on whose behalf this or that person (or person) acts, what he is and who he is. A counterparty is not only a party to a contractual relationship, it is a business partner and an employee working in a trust relationship that can seriously fail you.