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Konstantin2018-06-20 22:15:17
Law in IT
Konstantin, 2018-06-20 22:15:17

How to draw up a partnership agreement?

Colleagues, good afternoon!
I have a certain percentage of the skin of an unkilled bear. I need to legalize this.
I dismissed the option of joining the founders, it seems to be easier and safer to draw up a partnership agreement.
Who faced this, you can describe what you should pay attention to and I will be very grateful for some kind of "sample"
Thank you!
UPD
I get a percentage for software development. I develop according to TK, I invest my time in return for a percentage of the profit

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5 answer(s)
A
aderes, 2018-06-20
@de-iure

any contract or agreement implies the emergence of certain rights and obligations for both parties ... you didn’t write anything about the subject of your cooperation, the rights and obligations of the parties, and what kind of participation you take in the process of "killing the bear" ...
but still, if you want to participate in the division of future profits, you don’t have many options, the most popular are two - co-founder or simple partnership agreement art. 1041 of the Civil Code of the Russian Federation (you probably meant the second option, there are a lot of templates on the Internet ... Under a simple partnership agreement (joint activity agreement), two or more persons (partners) undertake to combine their contributions and act jointly without forming a legal entity to extract profit or achievement of another purpose not contrary to the law)
However, there is a nuance - only individual entrepreneurs and (or) commercial organizations can be parties to a simple partnership agreement concluded for entrepreneurial activities.
And by the way, being a co-founder, on the contrary, is easier, clearer, and most importantly safer...

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Dimonchik, 2018-06-20
@dimonchik2013

you need to understand that you trust 100% partner because. in Russian legislation there is no clear structure for such relations
, you can see the outlines, for example, here
you can sign any papers, but the situation is as follows: before profitability, the investor has a precarious situation (who gives money), after profitability - you

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Andrey Nikolaevich, 2018-06-21
@AndreyKas

I get a percentage for software development. I develop according to TK, I invest my time in return for a percentage of the profit

Enter into a royalty agreement. Art. 1295 of the Civil Code of the Russian Federation. There are a lot of samples on the Internet, there is nothing complicated there.

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d-stream, 2018-06-21
@d-stream

I get a percentage for software development. I develop according to TK, I invest my time in return for a percentage of the profit
You may not write anything. I explain: when there are hints of profit, the director increases salaries, bonuses, buys a company car, equipment, etc. and as a result, the profit according to the financial statements fluctuates around zero.
In fact, the only variant of the probable presence of profit is the serious interest of shareholders in the presence of this very profit (for example, for the sake of dividends).
And so - a classic of the genre in the form of a free worker in the style of a donkey, dragging a wagon in the hope of reaching out to a carrot suspended in front of him)
If the partner is honest and conscientious, then no contracts, complicity, etc. are needed either. - he will simply take it of his own free will and bring profits in his beak. Even if, according to accounting, he will have losses ....

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