Letter of intent in theory and practice. Part III. Letter of Intent and Its Enforcement

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.

Differences between an agreement of intent and a preliminary agreement

There are two key differences between the types of transactions under consideration:

Regulatory consolidation in the current legislation - the concept of “agreement of intent” is absent in the Civil Code of the Russian Federation as a type of agreement;
Liability - the Agreement signed by the parties does not entail any legal consequences in the event that one of the parties to the legal relationship refuses to conclude the main agreement in the future.

We invite you to familiarize yourself with the Rights and Obligations of an Employee under the Labor Code of the Russian Federation.
The concept and procedure for concluding a preliminary agreement is directly regulated by Article 429 of the Civil Code of the Russian Federation. The norm stipulates that the parties undertake to enter into a main agreement in the future upon signing a preliminary agreement.

There are many types of agreements considered, which may differ in:

subject composition - 2 or more parties participate in legal relations;
the subject of the main agreement - this can be a purchase and sale agreement, supply agreement, provision of services, loan or credit agreement, and others;
obligatory fulfillment of the agreed conditions.

The only unifying feature is the conclusion of a basic agreement in the future.

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.

Letter of proposal to conclude a lease agreement for a land plot

Mr. _______________________ PROPOSAL to conclude an agreement (offer) Hereby _______________________________________________________________ (name of the enterprise making the offer) invites ______________________________________________________________ (name of the enterprise to which the offer is sent) to conclude the Agreement _________________________________________________________ (two copies of the text of the agreement with all conditions signed on our part are attached).

This offer is valid until “____”___________________ year. We consider your acceptance of our offer to be signed by ________________________________________________________________________________

Answer: In accordance with paragraph.

1 tbsp. 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to enter into an agreement. Compulsion to enter into an agreement is not permitted, except in cases where the obligation to enter into an agreement is provided for by the Civil Code of the Russian Federation, the law or a voluntarily accepted obligation.

We wrote about the features of leasing municipal land for individual housing construction in a separate article.

Reflect technical data about the site - its area, cadastral number. It is advisable that by the time the paper is drawn up, the plot of land would have already been registered in the real estate cadastre, which will make it possible to obtain a cadastral number for it.
Indicate the presence or absence of encumbrances for this site.
Outline plans for the possible purchase of land after the end of its lease (we wrote about the lease of municipal land with subsequent purchase in this article).
Inform about the benefits available to the applicant.

At the federal level, the category of beneficiaries includes large families, young professionals who are ready to move to the countryside (what are the features of renting from the rural administration?).

authorized citizen, place of residence, passport details; if as

Important

The lessor is a legal entity, please indicate your full name.

and the position of the responsible person), acting on the basis of ___________ (charter, regulations, power of attorney)

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.

How to write an offer (letter of proposal)

A letter of offer is written either in response to a letter of request or at the initiative of the sender. The offer is drawn up in writing or orally: by telephone, during negotiations between the parties to the transaction.

An offer can be drawn up in the form of a draft agreement, which one party to the transaction sends to the other. In the response letter, the second party either agrees (which is called acceptance), or makes its own changes or additions, or refuses to accept the proposed conditions.

Acceptance of an offer is the conclusion of a contract or the issuance of an order. In case of refusal, correspondence between the parties continues until a final agreement is reached.

The structure of writing an offer corresponds to the general structure of a business letter:

header – position, full name of the recipient and name of the organization;
number and date of registration of the letter;
title (“About...”);
appeal (if necessary);
text of the offer – here the offer itself is stated and the main terms of the transaction are indicated: “We offer you to conclude an agreement /, “offers to your attention...”, “We are glad to offer you...”, etc.;
signature of the sender - the head of the organization or an authorized person indicating his position and full name.

sent to one or several entities at once;
denotes all the essential conditions of the future agreement (i.e., those without which this type of transaction cannot be formalized): for example, for a sales agreement, the condition of the sale of the object will be essential, and for a contract agreement - the conditions of the work performed and an indication of the deadline for its completion;
an offer received by the addressee cannot be withdrawn during the period of time provided for giving a response to it (however, the admissibility of its withdrawal may be stipulated in the offer itself).

If the subject who received the offer is completely satisfied with it, he can accept it (for example, sign the received draft agreement, send a response letter of consent to formalize the transaction, and actually begin executing the agreement). Silence does not equate to acceptance of the offer of the Civil Code of the Russian Federation.

According to the UK's Direct Marketing Association, every £1 spent on email marketing in 2020 generated £38 in return. Want to achieve the same results, but don't know how to write a letter to a client? Then use the best sample letters to clients that we have collected for you in this review.

I. How to write a letter to a client correctly II. Letters to clients: examples and ready-made samples1. Letters to cold clients2. Reminder letters 3. Post-meeting letters4. If the client does not contact

You think about your customers all the time, but it's not mutual. To capture their attention and get ahead of your competitors, you need to regularly remind yourself. Emails do this very well. According to the Pipedrive blog, there are a few tricks that can work in your favor:

Patience and more patience. Lead your potential buyer toward a deal gradually by regularly sending him emails with valuable and interesting information.
Coordinate your email strategy with your marketing department to avoid being too pushy and cluttering your email inbox with repeated information.
Use a CRM system. It will simplify the technical side of communication with clients and speed up work with mail.

A CRM system is a convenient program that helps you keep records of clients and transactions, records all calls, and also helps you conveniently organize correspondence with the client.

For example, the SalesapCRM program integrates with the mail service (you can connect an unlimited number of mailboxes) and allows you to save the correspondence history directly in the counterparty card.

If a new client has written to you, you can create a deal card directly from the incoming letter.

Implement the SalesapCRM CRM system!

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Read on topicHow to write a sales letter for mailing without a copywriter

We have compiled a selection of business letters to clients that you can use as a sample. All you have to do is add details to them.

Subject line: Perhaps you are our new client

Subject line: Keep up with your competitors

Subject of the letter: More about our company

Reminder letters

Subject line: Is there something you want to discuss?

5. If you can show the effectiveness of your offer with numbers, then share them in letters to the company’s clients. Facts convince better.

We invite you to familiarize yourself with the document confirming registration at the place of residence

Subject line: A few facts you might not know about [company name]

6. Offer customers a trial period or free samples. Customers are more likely to make a deal if they test the product first.

Subject line: Gift for your company

Subject line: I hope you can direct me to the right person

Subject of the letter: Your plans

Subject of the letter: Action plan for the near future

Subject of the letter: Information on your request

Subject of the email: Couldn't contact you

Subject of the letter: I didn’t get through to you

Email subject: Short reply required

Subject of the letter: Useful information for your business

Subject of the letter: Delayed payment

These templates will save you time to actually communicate with clients. And to achieve greater impact, automate the creation and distribution of templates through SalesapCRM. Register in the system right now - it's free and only takes a couple of minutes.

Implement SalesapCRM!

checkcapture applications from the website, mail and social networks;
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checkcalendar for recording clients;
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checktemplates for documents and letters;
checkIP telephony, e-mail and SMS mailings.

Lyubov Abroskina

email letters to clients templates

The owner left the offer unanswered.

Advantages and disadvantages

The following advantages stand out:

the parties stipulate in advance the procedure and rules for the upcoming cooperation;
the law provides the right to independently establish essential conditions;
The result of the agreement is the conclusion of a contract.

Disadvantages include:

mandatory notarization to give the document legal force;
the difficulty of bringing to responsibility in case of refusal to fulfill obligations;
the likelihood of receiving damages or property damage if one of the parties incorrectly interpreted the legal nature of the document being signed and subsequently refused to fulfill its obligations.

We invite you to familiarize yourself with Who can be registered in a municipal apartment || Documents for registration under a social tenancy agreement