Agreement of intent, sample 2021

An agreement of intent is considered a document, the text of which is not regulated by existing legislation. However, the Civil Code of the Russian Federation contains an explanation close to this concept. For example, in Art. 492 of the Civil Code defines the term as a preliminary agreement. And despite the fact that these are different concepts, there are many common points between the existing explanations.

The letter of intent is typically a preliminary agreement that is paired with the main contract that follows the first intent. In this case, in the subsequent main contract, all events will be carried out in accordance with the paragraphs displayed in the preliminary document.

How to draw up an agreement of intent to enter into an agreement on cooperation in the future

As reflected above, a letter of intent is an agreement in which the partners, in the future, undertake to draw up the next, main contract.

The decision to formalize this agreement is made when both partners of a promising transaction have a desire to approve mutual cooperation. The document displays all the points relating to the main contract, and all clauses of the agreement must be formulated specifically and clearly. For example, you can use the following formulation:

“...the parties intend to sign a contract for the installation of equipment...during...”

“... the period during which the partners sign the contract is determined...”, etc.

The protocol of intent will be legally valid only if all paragraphs are specified. Otherwise, the protocol may not be recognized, which is why it may subsequently become a formal document that is not binding to anything.

Protocol of intent for cooperation between LLC and LLC

of the Charter, hereinafter referred to as “Party 1”, on the one hand, and Trilogy LLC, represented by Director Astakhov Anton Semenovich, acting on the basis of the Charter, hereinafter referred to as “Party 2”, on the other hand, hereinafter referred to as the “Parties”, have reached agreement on the following intentions:

Based on the interests of each of the parties, the heads of the above-mentioned organizations decided that it would be advisable to create a commission of employees from the technical departments of enterprises to develop and implement complex projects.
To realize this intention, each of the parties will develop the necessary documents, conduct certification and training of employees, and also carry out other necessary actions.
To make a final decision on the issue of creating a commission and signing the corresponding agreement, authorized representatives of the parties meet no later than 06/30/2018.

Content

To familiarize yourself with the contents of a standard protocol of intent and the structure of this form, just go to the Internet and you can find many samples on various topics. At the same time, it must be borne in mind that the following points should be displayed in the compiled documents:

Specified exact date or time within which the main contract must be signed.
Estimated cost of the subject of the contract: The range of costs of the goods offered and the work performed can be displayed here.
Possibility of involving third parties in the contract - intermediaries, analysts, appraisers.
The outcome of the agreement is a statement that cooperation will be extended. Sample letter of intent

Sample letter of intent

If the protocol of intent does not reflect the validity period of the main contract, then in this example the standard regulations of the Civil Code of the Russian Federation regarding such documents are applied to it. The duration of such a contract under the existing Law cannot be more than a year from the date of its conclusion.

The contents of the contract may display a phrase such as “other terms.”

What does this point mean?

Mandatory provision of additional materials (licenses, certificates)
List of points that, within the framework of this protocol, will relate to valid reasons for breaking the agreement
The permissibility of one of the parties to refuse to fulfill the contract in the future
The amount of penalties for the partner who breaks the obligations

These agreements are drawn up, like any other similar documents, in two copies and each copy is equivalent in the legal sense. As the number of partners involved in the execution of the contract increases, the number of copies of the document increases.

The agreement is drawn up in writing and does not require notarization. Moreover, this contract is a valid document during a legal dispute, if one arises.

Like any document, the letter of intent must follow a certain structure:

Preamble, which displays the name of the agreement and applicants for its execution.
A short text of the agreement in which the partners stipulate long-term intentions. According to the Civil Code of the Russian Federation, preliminary intentions to transfer property or perform work or services are possible. The subject of the agreement is clearly stated: what exactly will be transferred, what services will be performed. Accordingly, you need to indicate the amount of the main contract. If it is not yet possible to name the amount, then it is necessary to stipulate this and stipulate that the amount will be determined by the applicants when signing the main contract.
Time to complete the main contract.
Responsibility of partners for failure to agree (penalty, fine, etc.).
If contracting parties use security measures (advance payment, deposit, etc.), then this must be reflected in the document of intent.

Agreements of intent for certain types of transactions

The requirements of the Civil Code of the Russian Federation for preliminary agreements are uniform, they were mentioned above, therefore, in relation to some specific transactions, other conditions depend on the agreement of the parties. Such agreements are born as a result of meetings, approvals, drawing up preliminary protocols and verbal commitments.

Agreement of intent for a construction contract

This transaction involves the implementation of a set of works for the construction of an object or a certain type of work. When concluding an agreement of intent for a construction contract, you will need to indicate the name of the object, its address, the start and end dates of work, and the scope of work.

In the main agreement, the parties can change the conditions, detail them or establish new ones.

Intentions to enter into a collateral obligation

A pledge agreement is understood as the transfer of some property from the debtor to the creditor in order to ensure the fulfillment of an obligation. The most common cases of executing a collateral agreement are when obtaining a loan or loan. As a rule, they are concluded simultaneously, but in some situations, it is possible to sign an agreement with a delay, in connection with which an agreement of intent can be drawn up.

This is possible if the subject of pledge, being real estate, is not free from the rights of third parties, for example, it is burdened with another obligation that is practically fulfilled and it is necessary to go through the removal procedure by submitting an application to Rosreestr.

By concluding a preliminary agreement, the future mortgagor undertakes to pledge property in the form of real estate as collateral for some obligation, which must be described in detail. You will need to indicate all the characteristics and approximate cost; failure to comply with these requirements may result in the invalidity of the agreement.

Agreement of intent to conduct research work on soil study

Soil research is carried out in anticipation of the construction of any facility, be it a residential building or an industrial complex. Without the results of soil research work, it is impossible to design or calculate the estimated cost of construction, therefore this type of service is the most initial and important stage of the upcoming activities for the construction of a real estate property.

Studying the soil allows you to accurately calculate the future foundation and give an idea of how the earth will react to rain, melting snow and other natural influences.

Due to high competition, the interested party in carrying out soil research work is the contractor; it is important for him to obtain a guarantee that the contract will be concluded with him, therefore it is necessary to approach the agreement of intent very responsibly.

In the preliminary contract for soil research work, you will need to describe the types and volume of the order, the location of the future facility, as well as the period for its completion.

Since such soil research work is seasonal in nature, which covers mainly the warm season, intentions to conclude an agreement can be expressed in advance, for example, in winter, and the transaction itself can be concluded in the spring.

Agreement of intent to provide training services

These types of agreements are concluded with an individual teacher or educational institution; their essence is to provide a range of services for training in a particular specialty, consulting or tutoring.

The agreement of intent must indicate the type of service, volume and period of training.

Despite the fact that the legislation does not prohibit concluding agreements of intent, it does not contain such a legal concept, therefore, in order to protect the interests of the parties to the transaction, it is necessary to comply with the rules dictated by the Civil Code of the Russian Federation, so as not to incur losses in the future from an unreasonable expectation that the counterparty will sign the required agreement.

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In what cases are protocols and letters drawn up?

There are times in life when applicants for concluding an agreement on mutual cooperation first rewrite or draw up minutes of the meeting, in which they decided to draw up a written preliminary agreement.

Usually, in letters, interested partners display the most important aspects when drawing up a deal, for example, what will be discussed in the main contract, the timing of its signing, etc. A meeting is possible provided that there is a mutual desire for a meeting between the interested parties during correspondence , which must be confirmed by letters. The protocol signed by the partners can reflect the main directions of the future agreement.

It should be noted that letters and minutes of meetings are not regulated by the Legislation of the Russian Federation and in terms of their significance they cannot be equated to a preliminary agreement.

Sample letter regarding the conclusion of an agreement

Letter of Referral

Sample protocol of intent to conclude an agreement

Letter to sign an agreement: sample, rules for drafting

Despite the fact that a letter of intent is not regulated by the Law and is not obligatory to anything, an illiterately completed document can provide one of the parties with serious legal and material consequences. In this section we will try to explain how to correctly write a proposal of intent.

Firstly , a business letter is considered an integral element in the relationship between partners. Correct drafting of a letter in compliance with ethics will ensure the establishment of mutually beneficial cooperation and enhancement of the company’s image. The agreement letter should convey the main idea as clearly as possible.

Sample letter for concluding an agreement

Basic rules for composing such a letter

Writing a letter on company letterhead
Mandatory margins with indentation on the left – 3 cm, on the right – 1.5 cm;
The name and position of the recipient must be indicated in the header of the document.
The date the document was sent and the registration number are displayed at the top left corner
Signature of the sender indicating the position and full name.
When composing a letter, as a rule, the font Times New Roman is used with letter size 12 and single spacing.

What is an agreement of intent and how does it differ from a preliminary agreement?

A paper called an “Agreement of Intent” is intended to consolidate the intentions of the two parties to enter into a business relationship in the future to solve certain problems and achieve certain goals. There can be not only two sides, but as many as you like. It is necessary to indicate exactly how the planned actions will be carried out, in what time frame each of them must be completed, and what must be done for this. Thus, this form contains only general intentions. Details and details are not provided in this case.

There is no concept of “Agreement of Intent” in regulatory legal acts. The Civil Code (Article 429) contains only the term “Preliminary agreement”. Accordingly, at the legislative level the form of this particular document, its mandatory components are established, and the consequences that may occur as a result of violation of its terms are specified.

In this regard, the cooperation and partnership agreement does not have a clearly established form by law , and there are no requirements for what should be specified in it. Therefore, the parties are free to express their plans in any form.

There is another opinion of lawyers on this matter. The fact is that after signing the PD, the partners have certain obligations to enter into a future contract for the provision of services and work between organizations. In turn, there are such concepts as a protocol or a letter of intent, after the signing of which such obligations do not arise.

Therefore, an agreement of intent should be qualified depending on whether potential parties to the transaction identify it with the agreement or not. If yes, then certain obligations still arise.

Obligations of the parties

The object of this type of agreement is the fact of concluding the main agreement. As with other types of contracts, the parties entering into the contract undertake certain obligations. The main obligation when concluding a letter of intent is to fulfill all the conditions necessary for the execution of the main contract.

According to the established rules, such a document can be drawn up when concluding any transactions that do not contradict current legislation.

As a rule, such documents are drawn up when concluding the following contracts:

Transactions related to the sale of real estate or vehicles.
When concluding contracts on a barter basis.
When concluding transactions to provide a financial loan or credit.
When drawing up contracts related to the transportation, storage or rental of inventory items.

The agreement concluded by the parties to the transaction must be certified by a notary office . This step allows parties to a transaction to go to court if the other party violates contractual obligations. Thus, the party going to court can receive compensation to cover their losses or oblige other parties to the contract to enter into the main contract.