How to draw up an agreement for the provision of accounting services

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Agreement for the provision of accounting services

________________ "____"__________201__
Limited Liability Company _______________________________, hereinafter referred to as the “Contractor”, represented by the General Director _____________________ acting on the basis of the Charter, on the one hand, and __________________________, hereinafter referred to as the “Customer”, represented by the General Director ___________________________acting on the basis of the Charter, on the other hand, have entered into this agreement as follows:

SUBJECT OF THE AGREEMENT

The CUSTOMER instructs, and the CONTRACTOR assumes, the responsibilities for maintaining accounting records to the extent determined by this Agreement and Appendix No. 1, which is an integral part of this Agreement.

DUTIES OF THE PARTIES

2.1 THE CONTRACTOR undertakes:

2.1.1. Prepare financial statements, carry out timely calculation of all taxes and obligatory payments, compile calculations and other necessary documents in accordance with the legislation of the Russian Federation, provide ongoing oral consultations.

2.1.2. Develop and agree with the CUSTOMER on a schedule for the submission of documents necessary for the CONTRACTOR to carry out its duties under this Agreement.

The schedule is drawn up in the form of Appendix No. 2, signed by both Parties, and is an integral part of this Agreement.

2.1.3. Accept documents from the CUSTOMER according to the Transfer and Acceptance Certificate.

2.1.4. Report orally or in writing to the CUSTOMER about inaccuracies, errors and violations committed by him in the preparation of primary and other accounting documents transferred to the CONTRACTOR for accounting and tax accounting.

2.1.5. Ensure the safety of primary documents transferred by the CUSTOMER under the Transfer and Acceptance Certificate, as well as accounting and tax registers and reports to government agencies.

2.2. The CUSTOMER undertakes:

2.2.1. Comply with the deadlines for submitting documents set out in Appendix No. 2.

2.2.2. No later than 3 (three) business days after receiving the information specified in clause 2.1.2. make corrections or replace incorrectly executed documents. Replacement of documents is executed by the Transfer and Acceptance Certificate.

Primary documents compiled in violation of the rules of accounting and tax legislation are not accepted for accounting.

2.2.3. Timely pay for the CONTRACTOR's services under this Agreement.

If payment is delayed by more than 10 days, the CONTRACTOR has the right, at its discretion, to collect from the CUSTOMER a penalty in the amount of 0.1% of the amount of underpayment for each day of delay. In case of accrual, penalties are paid on the basis of an additional invoice issued by the CONTRACTOR. Payment of the penalty does not relieve the CUSTOMER from fulfilling his obligations under the Agreement.

COST OF SERVICES AND PAYMENT PROCEDURE

3.1. The scope and cost of services are determined by Appendix No. 1, which is an integral part of this Agreement.

3.2. The final amount of the subscription fee (Appendix No. 1) is calculated at the end of each month on the conditions specified in Appendix No. 1.

The cost of additional services provided by the CONTRACTOR to the CUSTOMER is calculated upon completion on the basis of the Certificate of Completion and invoices for services issued by the CONTRACTOR to the CUSTOMER at the end of each current month.

3.2. Payment under this agreement is made within the following terms:

The subscription fee (Appendix 1) is paid by the CUSTOMER before the 5th day of the paid month. Payment for other types of services is due by the 5th day of the month following the month paid on the basis of the Certificate of Completion

3.3. Payment can be made in any form: by non-cash transfer to the CONTRACTOR's bank account, by depositing cash into the CONTRACTOR's cash desk, or offset against mutual work or services. By agreement of the Parties, other forms of payment are possible.

3.4. The cost of services may change no more than once every 3 months. If the cost of services changes, the CONTRACTOR is obliged to notify the CUSTOMER about this no later than 15 calendar days before the change. Notification must be given in writing.

DURATION OF THE AGREEMENT

4.1. The Agreement is concluded for a period of up to _______ and is valid from the moment it is signed by the Parties. If after the end of the Agreement neither party declares otherwise, the agreement is considered extended.

4.2. If they intend to terminate the contract early, the parties notify each other no later than 30 calendar days before the termination date.

4.3. If the initiator of termination of the Agreement is the CONTRACTOR, and there are less than 30 calendar days left before the deadline for filing tax, accounting and other reports (for the quarter, year), then, at the request of the CUSTOMER, the termination of the agreement may be postponed until the reports are submitted to the appropriate authorities. By agreement of the parties, part of the reporting can be prepared and submitted by the CUSTOMER himself. The specific distribution of responsibilities and the cost of work on drawing up and submitting reports to the relevant authorities before termination of this Agreement is fixed in writing in an additional Agreement to this Agreement.

4.4. Upon termination of the Agreement, all documentation of the CUSTOMER stored by the CONTRACTOR is transferred to the CUSTOMER according to the inventory and the Acceptance Certificate. The transfer is made after the final payment for services under this Agreement.

RESPONSIBILITY OF THE PARTIES AND PROCEDURE FOR RESOLUTION OF DISPUTES AND CONTRACTIONS

5.1. CONTRACTOR'S RESPONSIBILITY

5.1.1. The CONTRACTOR bears financial liability in the form of fines and penalties for violating the deadlines for submitting reports and information to tax and other authorities only if the CUSTOMER complies with the deadlines for submitting the relevant documents specified in Appendix No. 2.

5.1.2. The CONTRACTOR is not responsible for untimely completion of transactions, including the payment of taxes and similar payments, if the CUSTOMER transfers the documents necessary for their calculation in violation of the deadlines specified in Appendix No. 2.

5.1.3. The CONTRACTOR is not responsible for the accuracy of the information specified in the CUSTOMER’s documents transferred to it and is responsible for the quality of its services provided under the Agreement only on the basis of the documentation provided by the CUSTOMER.

5.1.4. The CONTRACTOR bears financial liability for damage resulting from erroneous performance or failure to perform the functions assigned to it in the form of penalties and fines from the regulatory authorities of the Russian Federation only for the period of validity of the Agreement and only on the condition that penalties and fines are collected from the CUSTOMER by a court decision . The CONTRACTOR's guilt in the resulting damage must be proven.

5.1.5. The CONTRACTOR is responsible for the safety of primary, accounting, tax and reporting documentation stored by it in accordance with this Agreement.

5.2. CUSTOMER'S RESPONSIBILITY

5.2.1. The CUSTOMER bears full responsibility for the accuracy of the documents provided to the CONTRACTOR.

5.2.2. The CUSTOMER is responsible for the deadlines for providing the documentation necessary to complete the work under this Agreement in full in accordance with Appendix No. 2.

5.3. In all cases not specified in this Agreement, the parties are responsible for improper fulfillment of the terms of this Agreement within the limits established by the current legislation of the Russian Federation.

5.4. Documents, materials, as well as any information related to the subject of this Agreement are confidential information and constitute a trade secret. The CONTRACTOR undertakes not to disclose, both during the validity and at the end of the Agreement, without the knowledge and consent of the CUSTOMER, any information other than publicly available. Except for cases provided for by the legislation of the Russian Federation.

FORCE MAJEURE CIRCUMSTANCES

If force majeure circumstances occur and prevent the parties from fulfilling their obligations under the Agreement in a timely manner, then the parties under such conditions are released from fulfilling their obligations under the agreement until the specified force majeure circumstances cease. The Party to the Agreement affected by force majeure circumstances shall notify the other party of the situation as soon as possible.

FINAL PROVISIONS

7.1. This agreement is drawn up and signed in two copies having equal legal force, one copy for each party to the agreement.

7.2. Legal relations not regulated by the provisions of this agreement, the parties agreed to resolve on the basis of the current legislation of the Russian Federation.

7.3. Changes and additions to this Agreement are valid only if they are made in writing.

DETAILS, LEGAL ADDRESSES AND SIGNATURES OF THE PARTIES

Executor: Customer:

Download the document “Contract for the provision of accounting services”

What should be in an accounting outsourcing agreement?

An accounting outsourcing agreement must include the following sections:

Subject of the agreement. If accounting is transferred to a company, it is necessary to specify each function that will be its responsibility: reporting, full bookkeeping, etc. Examples of functions.

Procedure for provision of services. Specify the payment scheme, the procedure for delivery and acceptance of services, settlements, etc.

Responsibility of the parties. They indicate what the contractor faces for violating deadlines and poor quality performance. Penalties are prescribed in specific amounts.

Conditions for the execution of the contract by both the customer and the contractor.

Contract time. Experts advise making the contract urgent.

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Force majeure

Force majeure circumstances may serve as a reason for releasing the parties from fulfilling their obligations, but only if they led to forced non-fulfillment.

In this case, the party to the concluded contract affected by force majeure must notify the other party about this in writing.

Force majeure is usually understood as various natural disasters (floods, earthquakes, fires), as well as other incidents - explosions, strikes, military actions.

Changes in legislation, which, as we know, cannot be contradicted by any agreement, deserve special mention

If force majeure continues to occur during the agreed period of time, the agreement may be terminated.

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Termination of an agreement

The reasons for terminating an accounting outsourcing agreement can be very different. This fact applies to both bilateral and unilateral termination.

The last type of breakdown in the working relationship can only occur when the outsourcing company fails to fulfill its responsibilities.

The contractor may terminate the contract unilaterally when the customer tries to change financial information or fail to pay for the work performed.

Accounting services for individual entrepreneurs

There are no particular differences between the accounting services of an individual entrepreneur and a legal entity. The list of services still includes a number of responsibilities:

• maintaining primary documentation in accounting;
• inclusion of business operations in the accounting program;
• creation of accounting registers;
• accrual and transfer of salary funds;
• tax transactions;
• control over extrabudgetary contributions and much more.

The only significant feature of accounting services for individual entrepreneurs is the ability to conduct accounting without using registers, that is, in a simple form, or use registers when accounting for property.

Agreement for the provision of accounting services with individual entrepreneurs.

This applies to those enterprises that are on a simplified taxation system. In this case, the chart of accounts contains a minimum number of synthetic accounts.

Can an individual entrepreneur conduct accounting independently and in what cases is this possible? Find out here.

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The act - how it is prepared for accounting services

A document reflecting the acceptance process is required for a number of reasons. It confirms that the parties have no claims. The acceptance of services by the direct customer is also displayed. This paper substantiates the legal status of the company's financial expenses. The act is prepared and signed by the participants both after the provision of the entire list of services in full, and at a fixed frequency.

The finished document contains:

• payment details of participants, place and day of registration;
• number of the agreement for the provision of accounting;
• a note that the services were provided within the documented time frame, of optimal quality and the customer actually has no complaints;
• number of copies of the finished act (minimum 2);
• amount to be paid including VAT.

At the bottom of the document, the parties put their own signatures, as well as clarifications - a transcript. The act appears to be the basis for a request for payment for services rendered. It turns out that after affixing the signatures, the contractor transfers the invoice to the customer and waits for payment.

services can be provided by following the link. To view a sample, follow the link.

The law does not regulate the form of the accounting service agreement. However, there is a certain pattern established in practice. It involves introducing several fundamental points. The more all kinds of subtleties are spelled out in writing in the agreement, the fewer difficult situations will occur in the future.

Samples:

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