Договор простого товарищества – это документ, which allows you to more effectively carry out entrepreneurial activities. A simple partnership, or consortium, is a temporary association created for the conduct of entrepreneurship. This structure is characterized by mobility and low cost. This form of organization makes it possible in a short time to create a basis for long-term cooperation and allows more effective use of joint knowledge and resources.
It is worth saying that a simple partnership agreementused in ancient Rome. This form of agreements was extended in pre-revolutionary Russia. It allowed to unite property and the capital belonging to various people, for conducting business. Under the terms of the agreement, each party to the agreement could achieve its goals: improving the quality of goods and competitiveness of products, increasing profits, etc. In the future, a simple partnership was also used in economic activities, only this form of organization was called joint activity.
Simple partnership agreement: model, rights and obligations
The main responsibility of the parties to the agreement onthe partnership is to work together to achieve common goals and objectives, make an individual contribution to the common cause, keep the property in good condition, maintain the accounting of joint assets. Consorters together bear losses and expenses arising from joint business conduct, in proportion to investments in the common cause.
Participants in a consortium under a partnership agreementIn addition to duties, they have common rights. They can use common property, participate in common affairs, get access to all documentation related to the business. Also, comrades may act on behalf of all participants in the conduct of a common case, in the case where the contract of a simple partnership does not contain reservations that the conduct of cases is performed by individuals or all participants together.
Consortors have the right to enter into transactions withthird party on behalf of all parties to the agreement if there is a power of attorney issued by the other partners. They also distribute the profit received as a result of joint business conduct in proportion to the individual contribution of each person to the common cause.
The contribution recognizes everything that a friend contributes tocommon business, including property, cash, professional skills, skills, knowledge, as well as business connections and reputation. Any contributions by mutual agreement of all partners are subject to monetary valuation and assume equal value, unless other conditions follow from actual circumstances.
Conducting a common cause can be performed by eachby the participant. A simple partnership agreement also provides that general work may be assigned to individual members. In such a case, the authority to carry out activities is certified by a contract or a special power of attorney signed by all participants of the partnership.
For third parties, the consortium participants are notmay refer to the limited rights of the person who made the transaction, if they are unable to prove that the third party knew about the restrictions at the time of the transaction.
Comrade who has executed the transaction on behalf ofparticipants, not having the right to do so, may demand full reimbursement of all costs and losses incurred, if it is proved that this work was necessary and represented the interests of all the consortiumers.
The simple partnership agreement defines the responsibility of all parties.
Each of the participants is responsible for the general obligations with his property in the proportion of the contribution made, if there is no business activity.
When doing business, all comrades are jointly liable for all obligations, regardless of what served as the basis for their occurrence.
