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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.

A self-employed are not covered by the same contractual relationship for the employee employed. However this does not mean that the self-employed do not have to write or sign any contract. Quite the contrary. The flexibility that allows autonomous situation makes it possible to work with a wide variety of legal documents.

The autonomous, with customers signing contracts work but can guarantee the conditions of their work through a commercial contract or a private contract.

In addition, the self must know that if the budget signed by the client acquire legal status and conditions to acquire the same force as a contract administration. It is important to know and take it into account because both standalone and client budget eligible to claim any aspect of work performed.

Finally, the self can also form teams and hire staff so it is very likely that I should know the different contract models that exist in regulating its relationship with its workers.

A commercial contract refers to a legally binding agreement between the parties by which undertake to do or not do certain things. Contracts may be written or verbal and written in a formal or informal. Most companies hold their written contracts to clarify the terms of the agreement, and often seek legal advice to major contracts. Contracts can cover all commercial aspects as hiring, wages, employee safety, leases, loans, etc..

If one of the parties to a contract does not comply with the agreement made under that contract is deemed to have been a “breach of contract.” In this case, requires that the right to provide a resource that in many cases may involve a judicial system to enforce the contract or otherwise, ask the party concerned to pay compensation for damages caused by breaking the contract.

Generally, the law of contracts are executed by the state in which the agreement was held under the system of common law (customary law) or the Uniform Commercial Code (UCC, for its acronym in English). Under the system of common law, most contracts are regulated by customary law of each particular state, the laws from judicial decisions that become part of the local system. The laws of the Uniform Commercial Code apply to the sale of goods does not regulate the Common Law.

For a company to develop its corporate purpose requires staff to be operated. There are two legal forms of involvement of these personnel, either through an employment contract or through a service contract.
In the case of contract should be governed by the provisions of the Labour Code and other standards. The work contract is very burdensome for the legal obligations that are acquired, such as benefits, fiscal contributions, etc.., Which is why many companies choose to link staff through service contract, as this involves nothing more than the value and conditions are agreed, which is regulated by the civil code.
It is important to note that there are special conditions and characteristics that allow some form of linkage.

For there to be a contract or employment relationship must satisfy three assumptions: subordination, remuneration (salary) and provision of personnel work, and while these budgets den, the tie must necessarily be by contract.

A service contract does not involve the same conditions or requirements of an employment contract, as in the case of a service contract, the obligation is to do something, but not to meet a schedule or having a permanent subordination, although the two cases, obviously no compensation.

It is very common for companies to avoid paying contributions Social Security levies and hire staff for services, but the work and the actual conditions of service development are given make two budgets be considered an employment relationship, because if there subordination, a schedule is met, and so on., can not speak of the provision of services. Read the rest of this entry »

Trying to make a business contract? To close the deal, you’ll need a legal business contract in writing between the parties

1. Summarize the basic terms of your agreement in writing. Before making a business contract, you’ll need final agreement on all the terms. If possible, confirm these terms with the other party by email.

2. Find samples of the relevant business contract online. Depending on the type of business contract, there may be existing templates online. Modify these business contract templates to suit your needs and specific terms.

3. Draft a business contract using a sample agreement from Step 2 or create your own new contract using clear language.

If you have a simple business contract, you may not need a sample agreement–it may be easier to make your own as a letter agreement that is signed by all parties.

4. Include all terms and specific agreements within your business contract. Read the contract. Confirm that you have written about the who, what, when, where, why and how regarding the terms of the deal.

5. Consider “what if” scenarios. Check that you have accounted for non-performance, lateness and default. Discuss any changes or new terms with the other party if applicable.

6. Send the contract to your attorney for review for a large business deal. For big investments such as a house or investment purchase, it’s best to work with an attorney to ensure that your contract complies with the law. Read the rest of this entry »

To make any purchase agreement legal it must be accompanied by a contract. A contract is a binding legal agreement between two or more people that come to terms that are agreed upon.

Here is how you can write your own purchase contract.

1. Gather the information that will be contained in the contract. This will be the names, address, descriptions, and terms.

The terms will be the amount agreed upon, the payments, and the length the contract is written for. If it is a paid in full contract, there will be no length of time stated.

2. Make the first paragraph contain the names of each person and the date the contract is executed.

3. Add the body of the contract that states the terms. Each paragraph should state the separate term. The total amount due and payments will be among the terms states. Read the rest of this entry »