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What is the preamble of the treaty

The preamble should be understood as that sectioncontract, which combines the name, number, date and place of its conclusion, as well as information about its participants. In the main part of the preamble, it is necessary to list the full name of the parties, their title under the text of the contract, as well as information about the persons signing the contract, indicating their authority. An example of the main text of the preamble of the sale contract can be the following: "Limited Liability Company Alfa ", Hereinafter referred to as the" Seller ", represented by the director Sergey Petrovich Ivanov acting on the basis of the company's charter, on the one hand, and the Omega Limited Liability Company, the Buyer, represented by Director Ivan Ivanovich Sidorov acting on the basis of the company's charter, on the other hand, have concluded this agreement as follows: "If the person signing the agreement acts on the basis of a power of attorney, the preamble should include its data (number, date, and also by whom it was issued). In the case where the contracting party is an individual entrepreneur, the preamble indicates its registration data. When concluding an agreement with an individual, the preamble should contain the data of his passport. It can be used to determine whether an individual is a resident or non-resident. This determines the amount of tax withheld from his income.

What can lead to mistakes in the preparation of the preamble

There are several common errors whenthe preamble of the treaty. In the case of fraudulent schemes, the preamble of the contract often indicates the inauthentic authority of the person authorized to execute the transaction on behalf of the second party. As a result, the injured party usually can not present any claims to the counterparty, since all responsibility is assigned to the unscrupulous person who signed the contract. Therefore, before signing the contract, it is necessary to verify the powers of the person with those indicated in the preamble. Often in the preamble, the parties indicate their name, which is not typical for contracts of this type. For example, in contracting contracts, the parties instead of "Customer" and "Contractor" refer to themselves as "Customer" and "Contractor". As a result, the parties may have confusion both during the execution of the contract and at the stage of possible litigation. When concluding a contract with an individual entrepreneur, some specify in the preamble it as a mere physical person. As a result, the party paying the entrepreneur income, involuntarily becomes a tax agent. In order to avoid this, the preamble should clearly state that the contract is with the individual entrepreneur. In addition, in the conclusion of the contract, where place is assigned to the requisites of the parties, it is necessary to indicate the registration data of the entrepreneur. The place of conclusion of the contract is important to indicate correctly when making foreign economic transactions. It can influence the choice of the country's legislation, which will regulate the relationship between the parties.