Protect your business with the 7 basic contracts for SMEs
Author: Aaron Ehasz
Among successful entrepreneurs is common to hear: “you must always expect the best but be prepared for the worst.” Discover the importance of basic contracts and agreements throughout the company and protect SMEs against any eventuality.
If you have attended for a considerable period “school of life”, will agree with me that things do not always happen the way you plan. For whatever circumstances, contingencies seem to be right around the corner. This is no different in business, where it is common to find differences between the partners, problems with the shop owner, disputes with or among employees, customers do not pay, returned checks, contractors with poor quality and so on. In this sense, it becomes imperative that all companies (and even the small one) has the appropriate legal mechanisms that allow them within the framework of the law, defend its interests against any eventuality.
And let me insist, is even more important for SMEs, where it is very common for a single transaction unfortunate jeopardize the assets of the company as well as their own. That’s why we explain below which are the 7 major contracts and can not do without, and a general macho each, which will guide you to suit your needs, or turn your SME. The 7 contracts that all SMEs should be in business relationships are unchanged and countless other legal acts can be held, in which virtue, minimum seven contracts all SMEs should have are:
1. Articles of incorporation. The social contract that gives life to the company and it is important to know under what form will constitute your SME, depending on the predominant activity that will develop, the partners that will make up, etc., because of According to the general law of corporations depend, among other things, the tax treatment, legal rights and obligations of the company and its partners. See contract …
2. Lease. If your company is established in the building of a third, we need a lease of real property: first, because it serves as home for the enforcement of our rights and obligations and secondly (and most This important contract), it serves to define the rights and obligations we have as tenants, ie who has the rights of possession of a property which we do not own. See contract …
3. Individual employment contract. It is essential that there be an individual employment contract of legal certainty to both the employer and the worker, which primarily serves to delimit the working conditions of workers employed by the employer. Having this contract is vitally important because our labor law favors workers in case of a dispute, the burden of proof is always on trial for the employer, ie the pattern to the Board of Conciliation and Arbitration must demonstrate that the facts asserted by the employee are not true. For example, if an employee claims that his salary is $ 1,000.00 per day, corresponding to the employer to prove that his salary was not so much, or another more common example: a worker may manifest in his lawsuit that began working for the employer on 2 January 1990, when in fact went to work on January 2, 2000, a fact that the employer must prove it. See contract …
4. Contract of sale. Undoubtedly for marketing goods or services of our corporation, we must enter into contracts of sale. This contract serves mainly to define the conditions under which they are to dispose of our products because our legislation not only provides simple purchase (ie where a person who conveys ownership of a thing in return for a certain price and money), but the law provides for different ways to make a purchase, with reservation of ownership, which is the kind of sale where the seller retains the transfer of ownership of the thing sold until the buyer does not meet all of the purchase, the chain of title, which is known as buying on credit; mixed sale is one where the consideration is covered with the most money, but the other part is given in kind, and so on. That’s why this agreement is of vital importance given that the parties are agreed between the way in which to make the sale (the sale) and this prevents any party fails to comply strictly agreed in the contract, and if not, can be sued for breach of it may result in a payment millionaire damages caused to the party. See contract …
5. Commercial commission contract. In the event it is necessary to require brokers commercial commission contract. This type of contract is essential for SMEs, because it helps in the marketing of our products through qualified or specialized in sales, without having to hire them as employees and thus avoid increasing the social burden for the company payments to IMSS, INFONAVIT, payroll taxes and so on. Thus, the seller simply grant him a commission and give this bill the company for the commissions received, is deductible in the payment of taxes. It is worth mentioning that if you do not have this contract and collaborate with vendors in this mode you can have serious problems, for example, IMSS can argue that the person is your employee and require the payment of all fees from hiring the corresponding fines, amounts that may be highly significant. See contract …
6. Contract services. This type of contract used primarily to hire professional services at a lower cost, without the need to go to people who provide them to our payroll. An example would be hiring someone to clean the office through a company specializing in office cleaning or hire a business consultant to advise us a couple of hours a week. For the same reason mentioned at the end of the previous paragraph and for which I mention below, it is important for all companies enter into contracts for services and thus define the rights and obligations of the parties: that will be the service that quality will at that time carried out and the consideration to be paid for that service. See contract …
7. Confidentiality agreement. Also, because the technology, processes and marketing of goods represent an extremely important asset for companies, and even in many cases account for nearly all of its assets, is essential to have a confidentiality agreement that protects these processes on the assumption that you have obtained the patent or trademark registered with the IMPI. Similarly, in the case of hiring staff and service providers have access to inside information of the company, this contract becomes essential to safeguard the confidentiality of such information and to not jeopardize the secrets of a successful company. … View contract can always turn to professionals Every mercantile business small, medium or large, requires a timely and efficient comprehensive legal advice.
For this reason, if you do not have a legal department within your company, you can always turn to professionals in the field, which will provide the safety and soundness to ensure growth in the domestic and international markets as competitive by the globalization of trade.
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