Any contract can be terminated subject to certain conditions. The reason may be violations committed by the counterparty, circumstances that have changed significantly since the conclusion of the transaction, or simply a loss of interest in its subject.

When only one party insists on this, and termination of the obligation at its sole discretion is impossible under the law or under the terms of the transaction, then you will have to go to court. If both participants agree to end their relationship peacefully, then an agreement is concluded to terminate the existing contract.

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Sample agreement termination

AGREEMENT

termination of the contract

(indicate the number, date of conclusion and name of the contract)

place of detention date of detention

If Party-1 is a legal entity:

name, INN, PSRN

in the presence of)

If Party-1 individual:

_______________________________________, “___” ____________ year of birth,

__________________________________________________________________________

If Party-2 is a legal entity:

_________________________________________________________________________

name, INN, PSRN

represented by ______________________________, acting on the basis of __________

position, full name of the authorized person

Of the Charter dated "__" ______, (power of attorney No. _________ dated _________- in the presence of)

If Party-2 is an individual:

_______________________________________, “___” _____________ year of birth,

__________________________________________________________________________

(passport or other document, when issued by whom)

place of registration: ____________________________________________________,

The “Parties” have entered into this Agreement as follows:

1. The agreement dated "___" ____________, No. __________ is terminated from the date of signing this Agreement (if another moment is determined, indicate the date or otherwise describe the moment of termination).
2. Obligations under the Agreement terminate from the moment of its termination (or indicate another moment determined by the parties to the transaction).
3. The parties have the right to demand the return of the fulfilled under the obligation:

- list the specific parameters of the return in accordance with the agreements reached. If there is no right to demand the return of the performed one, this clause is not included.

1. Payment for the delivered goods (work performed, rent, etc.) is made by _____________ (indicate the obliged person) in the amount of __________ to __________ (indicate the term).
2. In the absence of any obligations, clauses 3, 4 are not indicated, and instead a clause is introduced - "The parties have no mutual claims."

6. The previously transferred property is returned by the Parties under the acceptance certificate (Appendix 1 to this Agreement) (the item is included when transferring property).

1. This Agreement is drawn up in two copies of equal legal force, one for each Party (if the agreement was concluded by a notary or is subject to registration, the corresponding number of copies is added, and it is also indicated: one copy for transfer to a notary (its name and address), one - to the registering authority (also indicate its name).
2. Addresses, details and signatures of the parties:

____________________ ____________________

__________/__________ _________/__________

Surname, initials, signature Surname, initials, signature

Print (if available) Print (if available)

How to make an agreement

In order to draw up it, you need to stipulate the conditions and consequences of this step.

So, as a general rule, the contract is considered terminated from the moment when the agreement about it is signed. However, it can be envisaged that its effect is terminated:

• from an earlier or, conversely, a later date,
• after meeting certain conditions (for example, the fulfillment of part of the obligations, payment for services already rendered, return of property),
• from the moment state registration agreement.

In addition, the parties must determine the consequences of terminating the transaction. These include:

• return of property (for example, if it was rented),
• the term and procedure for payment of already fulfilled obligations, if the calculation will be made after the termination of the contract,
• return of the executed transaction, if necessary,
• the term for removing encumbrances on property, if any,
• other lingering mutual obligations that will not be fulfilled until the termination of the transaction (if any).

Step-by-step instruction

The agreement must specify:

1. Date and place of compilation;
2. Parties - full name, location (address), surnames, names, patronymics of representatives, and details of documents confirming their powers (for example, the organization's charter or power of attorney). Usually, the counterparties are named the same as in the main contract (buyer and seller, lessee and lessor, customer and performer, etc.). You can also call them "Side 1", "Side 2";
3. Requisites (date, number, title) of the contract;
4. Termination date or conditionby which it is determined;
5. If any, a description of the mutual obligations of the parties to the transaction or the duties of one of them, which must be performed after termination, and the consequences of their failure;
6. Addresses, requisites, signatures and, if available, stamp impressions.

The agreement may indicate the reasons for termination of the agreement, but not necessarily.

The document is drawn up in the number of copies equal to the number of parties, plus, if registration or notarization is necessary, copies for the indicated authorities are added.

In the event of the transfer of property upon termination of the contract, the corresponding act of this is attached to the agreement.

Document requirements

The law does not impose special requirements on him. The most basic thing is that the agreement must be drawn up in the same form as the contract itself (say, written, notarized) and registered if the original transaction was subject to state registration - for example, by the Rosreestr Office.

Basically, the termination agreement is the part of the agreement that changes the term of its validity.

Features of the termination procedure

After one of the parties has made a decision to terminate the relationship with the counterparty, you should contact the other party with such a proposal.

How to do it? First, you need to check whether the contract provides for the procedure for its termination:

• if yes, then proceed strictly according to this procedure,
• if not, then contact the counterparty orally or with a written proposal, setting in it a deadline for a response.

The direction of the letter is preferable in the case when the termination is made in connection with the failure of another party to the transaction to fulfill its obligations or for other negative reasons.

It is necessary to have confirmation of the direction of the offer (register of registered mail, delivery note on the second copy, etc.). If the other party waives the voluntary termination, this letter will need to be attached to statement of claimas evidence of compliance with the pre-trial dispute resolution procedure.

If an understanding is reached, an agreement should be drawn up, indicating all the necessary conditions, and also signed by the authorized representatives of the parties. It is also advisable to draw up a reconciliation report confirming the presence or absence of mutual claims to each other.

Your copy must be kept within the established archival periods, but not less than the total period limitation period -3 years old.

The official side of any issue requires the preparation of certain documents confirming agreements between any citizens, companies, etc. They have the same name - contracts. However, sometimes it happens that, due to the occurrence of some reason, it is necessary to end an unproductive relationship with the second party to the transaction who took part in the execution of this document. This, among other things, must be done in accordance with the requirements of the legislation, officially, in order to avoid legal consequences. For this, an agreement on termination of the contract is drawn up, a sample of which you will find in this material.

The contract drawn up between both parties to any issue is usually terminated only when each person participating in the concluded union mutually agrees to carry out this procedure.

However, at the legislative level, there are the following reservations:

• other circumstances relating to the termination of the contract may be stipulated in advance by this document;
• in addition, some amendments can also be made by the law in force today in the territory of the Russian Federation.

The above nuances of the termination process may relate to:

• completely of this document;
• only the specific provision of the submitted paper.

Nevertheless, one of the main provisions Civil Code of our country says that among the fundamental principles implemented with its use, an important place is occupied by the principle of freedom of the concluded agreement.

Termination procedure

It is necessary to clearly understand how the procedure proceeds, during which the termination of a previously drawn up document that stipulates the relationship of the parties for the duration of a transaction occurs. As we remember, we are talking about its potential break by mutual decision of the participants.

1. The first stage involves the submission by the party that made the decision to break off a proposal to terminate work or other kind of relationship with each other for discussion.
2. At the second stage, the following happens:
   1. the second party agrees, and both participants begin to prepare the corresponding document;
   2. the second party expresses its refusal to terminate previously concluded agreements.
3. The events that will take place at the third stage depend on the reaction of the second party to the proposal made by the first participant:
   1. in the event that she was given a peaceful consent, a prepared agreement on termination of the relationship is concluded;
   2. The “offended” participant appeals to the court and initiates proceedings on the required matter, during which the outcome for both sides of the current situation is determined.

An important nuance

We would like to draw the attention of our dear readers to the fact that the following two documents are often confused with each other due to the high degree of similarity.

• termination agreement;
• compensation agreement.

The most important nuance that distinguishes the above documents from each other is the moment at which the fulfillment of the obligations assigned to each party ceases.

Table 1. Time of termination of fulfillment of obligations

Consequences of signing an agreement on termination of the contract

At the legislative level, a number of mandatory requirements are imposed on the document of interest to us. One of the most important is the rule, which states that this document must be presented in the same form as the previously concluded agreement.

The point is that if you prepared the previous paper in writing, the agreement of interest to us must also be drawn up in the required format.

In general, the agreement in this case will not be a separate document from the previously concluded agreement. That is why it is officially referred to as a supplementary agreement.

On the day when the agreement is signed, the purpose of which is to terminate the previously concluded agreement, all obligations previously established between the parties from a legal point of view become fulfilled. The only exceptions are those situations in which the text of the sought document provides for a different day for the termination of legal relations between persons.

We would like to draw your attention to the fact that after the termination is carried out, some agreements between the parties, not specified in the expired document, will remain in force.

This is about:

• agreements, the nature of which implies a long-term effect even after all relations under the concluded transaction have been terminated, for example, a guarantee, etc .;
• settlement of that segment of the relationship between the parties, which implies the return of something to its place, for example, a rented object, etc .;
• the obligation to pay money for an already fulfilled part of the agreement, for example, if one company has delivered any goods to another, the other, although the contract has already been signed, is obliged to pay money for it in the previously agreed amount.

How to correctly draw up an agreement on termination of the contract (sample)

Since the reason for the agreement can be an agreement on many different nuances, a single model for this case cannot be established. In fact, this agreement is a document stipulating the termination of interaction on the basis of previously concluded agreements of two or more parties.

The structure presented in the sample above may be taken as correct by you. We present recommendations for the preparation of this document.

1. First of all, you need to give a title to your document. This is done as follows:
   1. at the top of the sheet in the middle, the word “agreement” is written (with a capital letter);
   2. the line below you must indicate what this document is about - on the termination of the lease.
2. Next, we compose the preamble of the document, in which we write:
   1. full names of both parties to the terminated relationship;
   2. including their statuses at the time of the contract (for example, landlord and tenant).
3. Next, we assign the following distinctive features to the contract:
   1. we number the document;
   2. we put down the date;
   3. indicate its name.
4. Next, you must indicate the date at which the previous agreements become invalid. You can, in this case, not write a specific number, but indicate that this event will occur from the moment both signatures endorse the document in question.
5. Provided that the previous agreements have been fully implemented, it is necessary to indicate that neither of the parties has any claims regarding the second (third, etc.) participant. However, if the opposite is the case, this should also be indicated in the agreement being concluded.
6. Then it is necessary to put down a specific number of copies of the completed paper that will be prepared.
7. Last but not least, the details of each participant are entered into the document.
8. As a result, it is necessary to endorse the paper by affixing personal signatures on the sheet, and also to put stamps.

Of course, the rules listed above are not stipulated by law, therefore, they are advisory in nature, however, they are used everywhere. Depending on the peculiarities of the relationship between the parties to the agreement, in each specific case, the text of the agreement may:

• change;
• supplemented with any nuances.

The more clearly the arguments for terminating the agreement on your part are spelled out, the less chances the unscrupulous second party will have to go to court and win the proceedings. Thus, you will protect yourself from the collection of material damage.

TO this document you can also attach any other papers. So, for example, if we are talking about breaking the relationship between the tenant and the landlord, it is necessary to return the property taken for temporary use. You can issue this return by drawing up an act on the transfer of property and its acceptance.

Video - Agreement on termination of the vehicle lease agreement

Let's sum up

The termination agreement, a sample of which we have presented to you in this material, is drawn up in the overwhelming majority of cases in the format of a written document. Inside the required paper, an indication is made of all the circumstances that in one way or another affect both parties to the previously concluded agreement. From a legislative point of view, special conditions are not stipulated regarding the registration of the required document, therefore, its form is considered free. Nevertheless, today it is customary to adhere to those specific compilation rules that we indicated in this material.

It is up to everyone to draw up an agreement on termination of the contract. And with the help of our website, this process will not take much time and effort. The nuances of drawing up a document and the mandatory elements for giving it legal value are indicated below.

Any agreement is a document fixing a certain agreement, reaching agreement between the parties on the specified issues. Therefore, it is more correct to use it for a unilateral termination of relations. And you can offer to terminate the transaction by mutual agreement of the parties with the help.

Example of a termination agreement

Termination agreement

on paid services

We, the undersigned,

Pshenitsyn Igor Sergeevich, born on March 17, 1962, passport of a citizen of the Russian Federation series 01 19 No. 5942859, issued by the Department of Internal Affairs in the Pervomaisky district of Novosibirsk on April 20, 2001, registration address: Murmansk region, Murmansk, Morskoy avenue, 15- 23, hereinafter referred to as the "Customer", on the one hand, and

individual entrepreneur Ignatieva Vera Vasilievna, OGRNIP 68761696165846, registration address: Murmansk region, Murmansk, st. P. Sukhova, 18-7, hereinafter referred to as the "Contractor",

but together referred to as the "Parties", guided by Art. 450 of the Civil Code of the Russian Federation have concluded this agreement as follows:

1. Terminate the contract for the provision of paid consulting services No. 4/2018 dated January 10, 2018 ahead of schedule, from the moment of signing this Agreement.
2. At the time of the conclusion of this agreement, the cost of fulfilled obligations under the contract for the provision of paid consulting services is 45,000 (forty five thousand) rubles, payment for which was made by the Customer in full.
3. The Contractor has no claims regarding the timing and amount of payment for services rendered under the contract specified in clause 1 of this Agreement.
4. The customer has no complaints about the quality and quantity of services provided by the Contractor under the contract specified in clause 1 of this Agreement.
5. Mutual obligations of the Parties under the aforementioned agreement are considered terminated from the moment of signing this Agreement.
6. This Agreement is made in 2 (two) copies of equal legal force, one for each of the parties.
7. Details and signatures:

Pshenitsyn I.S. SP Ignatieva V.V.

In what form to draw up an agreement on termination of the contract

The Civil Code does not separately regulate this type of agreement. But it makes similar demands on its form. This means that if, according to the law, the transaction is subject to notarization, then the agreement on termination of the contract will need to be certified by a notary. If state registration is required (for example, renting real estate), then the termination of legal relations should be carried out in the same form.

In all other cases, it is better to draw up the document in writing on a separate form. Often (by the way, and more logically) it is called an "additional agreement", because the document is an integral part of the contract.

Content of the document on termination of the contract

Mandatory elements of a legally significant agreement are:

• details of the parties. Only those persons who entered into the contract can terminate the obligation. In some cases, the participation of the assignee is allowed ();
• details of the contract that is terminated
• termination of an obligation
• the date on which the termination agreement comes into force (usually the date of signing)
• the state of execution of the contract and the actually fulfilled obligations of each of the parties. As a general rule, once the termination agreement is signed, the parties are no longer bound by an obligation. An exception is cases directly provided for by law or contract. For example, return of rented property ().
• number of copies of the agreement, details and signatures of the parties.

It is impossible to force to sign an agreement on termination of the contract, therefore, in the absence of mutual agreement and the existence of legal grounds, it remains to use the corresponding one.

5/5 (18)

Sample agreement termination

Mutual consent of the parties as a document must be drawn up in writing and in copies that are multiples of the number of parties (usually 2 pieces). After signing, one of them remains with the customer, the second with the supplier. Both such agreements for each of the parties are completely identical and have equal legal effect.

At the legislative level, there are no mandatory requirements for such documents, but in practice, some rules have been developed.

It is customary to indicate in the agreement:

• contact information for both parties;
• the fact of mutual agreement with reference to specific legislative acts (Article 450 of the Civil Code of the Russian Federation and 44-FZ);
• the amount of obligations of each of the parties that were actually fulfilled, as well as their monetary equivalent;
• the remaining amount under the obligations that have been fulfilled;
• the period during which it is necessary to return the funds that were previously paid as an advance payment (ensuring compliance with the terms of the state contract);
• an indication of the fact that the parties do not have any claims to each other;
• details of each of the participants in legal relations on the state contact, signatures of representatives.

ATTENTION! Look at the completed sample agreement on termination of the contract by agreement of the parties under 44-FZ:

In what form is the agreement on termination of the document drawn up?

Particular attention should be paid to paragraph 1 of Art. 452 of the Civil Code of the Russian Federation. This rule tells us that the consent of the parties to terminate the contract must be signed in the same form as the contract itself.

This means that if there was, for example, state registration or notarization of the transaction, then with the consent to terminate, you need to perform the same actions.

An exception is made when a compensation agreement is signed. In such a situation, the above rule does not apply, since the execution of the compensation is an independent transaction, the consequence of which is the termination of the relationship between the parties due to a certain requirement of the law, and not due to the opinion of the parties.

Remember! Violation of the rules regarding the form of voluntary consent of the parties to terminate the contract can entail a number of consequences:

• failure to conclude an agreement on the basis that the voluntary consent of the parties has not been fully proven (ruling of the Moscow City Court No. 4g-741/2016 dated February 2, 2016);
• invalidity of the document signed by the parties (resolution of the CA of the Moscow District in case No. A41-82273 / 2015 of September 21, 2016).

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issue.

Algorithm for the termination procedure

Step 1. Determining the reasons for termination

The directly listed list of reasons for the possible termination of the state contract is not provided.

But, again, the practice has developed the following grounds for terminating the relationship between the customer and the supplier:

• no need for further deliveries of goods or the provision of a specific type of service. For example, the supply of food for workers will decrease in volume due to staff cuts;
• force majeure - situations in which the supplier, regardless of his will, will not be able to fulfill the conditions of the state contract (fire, flood, natural disaster, etc.).

It is also possible to sign an agreement to terminate the contract under 44-FZ, if the supplier does not fulfill or poorly fulfills the terms of the contract. For example, violation of terms, product quality, etc.

Important! The refusal of the state customer from the services unilaterally will lead to bringing the second party to responsibility (monetary fine, penalties, compensation for losses or lost profits, entering in the register of suppliers violating the terms of cooperation), and with mutual, voluntary consent of the parties, punishment can be avoided.

Step 2. Correct execution of the agreement on termination of the state contract

At this stage, it is necessary to draw up and sign a document stating that the parties mutually agree to terminate relations with each other under a specific supply or service agreement.

You also need to point out the fact that from the moment of signing such an agreement, the parties in relation to each other terminate all rights and obligations.

Step 3. Return of collateral

Under the state contract, as well as under any other contract, it is possible to make an advance payment. Termination of the customer-supplier relationship results in the return of the contractual collateral (i.e. prepayment). Such rules are enshrined in clause 2 of Art. 453 of the Civil Code of the Russian Federation.

The refund period is stipulated in the agreement or in the contract itself. If the prepayment is not returned, the supplier's actions will be considered as illegal enrichment without any grounds for that (clause 1 of article 1102 of the Civil Code of the Russian Federation).

Attention! An exception to the rule is a bank guarantee, it is not refundable under any circumstances.

Step 4. Placement of information on termination of the contract in a special system for the exchange of information data (EIS)

Within one working day from the moment of signing the agreement of the parties to terminate the agreement, the parties are obliged to post information on the termination of legal relations in the United information system... An exception is an agreement, the content of which is classified as a state secret.

During the next working week, a report on the execution of all clauses of the contract must be published on the same portal. This rule is enshrined in the Decree of the Government of the Russian Federation under number 1093 of November 28, 2013.

Watch the video. Termination of the contract by agreement of the parties (44-FZ):

Nuances of terminating an agreement by agreement of the parties under 44-FZ

The law establishes a number of nuances regarding the procedure and conditions for concluding an agreement on the termination of legal relations between the customer and the supplier. For example, parts 9 and 10 of Article 94 of this regulatory legal act regulate the obligation of the ordering party to post on the Internet on the official website all information about the termination of a state contract in the form of a report.

Important! In the EIS, the customer must gradually publish all information about the progress of the contract, as well as about the work performed, services rendered or delivered products.

In more detail, such a report should include information about:

• the progress of the contract, i.e. that the goods have been delivered, or the service has been performed, as well as the requirements for meeting deadlines and compliance with the schedule;
• non-fulfillment or improper fulfillment of the terms of the state contract by the customer. With references to clauses of the agreement that have been violated;
• the customer's liability for violations committed;
• facts of termination or amendment of the contract with disclosure of the reasons for such actions.

Norms of legislation

Part 8 of Article 95 44-FZ indicates the possibility of terminating the state contract by agreement of the parties. The termination of the relationship between the parties is also permissible due to refusal to fulfill the terms of the contract by one of the parties, but only by virtue of the judge's decision.

Part 1 of Article 160 of the Civil Code of the Russian Federation defines a transaction and says that it should be carried out by drawing up a document in writing with its subsequent signature by the parties entering into legal relations.

At the same time, in cases provided by law, it is allowed to use an electronic digital signature or its other facsimile reproduction. This rule is indicated to us by Part 2 of Article 160 of the Civil Code of the Russian Federation. As a result, we conclude that the use of an electronic digital signature is equivalent to a transaction in a simple written form.

As already mentioned, by virtue of Part 1 of Art. 452 of the Civil Code of the Russian Federation, the agreement to terminate the contract must be carried out in the same form as the contract itself between the parties, unless, based on the law or business custom, it is impossible to do otherwise.

Analyzing the above, we remind you once again that termination of the contract by the voluntary consent of the parties must be formalized in a simple written form.

Sometimes it happens that a previously concluded agreement on cooperation between several parties, before the expiration date, ceases to suit anyone. The working conditions, the company's management or other circumstances change - in such cases, it is required to terminate the contract by drawing up new document, regulating the termination of joint activities. According to legal requirements, this procedure has its own specifics, which should be followed to prevent violations. Uncoordinated actions can lead to a number of problems that organizations will face if they decide to unilaterally change the terms of the contract or completely refuse the services of the second partner-partner.

The main way to terminate cooperation is to draw up an agreement to terminate the contract. The paper is drawn up on the basis of the consent of both parties to change the working conditions or end the joint activity - without the approval of company representatives, such a procedure is not supported legal force... It is also possible to take the necessary actions through the court, but most enterprises prefer not to delay this, since the claims are associated with additional financial costs.

The termination procedure begins with the submission of a proposal by a legal entity or an individual. If the other party agrees with this decision, then a special document is drawn up, Agreement on termination of the contract. In other cases, it may come to legal proceedings, and then it is far from a fact that the initiator of the termination of the contract will win. Unlike the document on the granting of compensation, joint activities upon signing an agreement on termination of the contract are terminated starting from the day the paper is signed by representatives of both companies.

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Highlights

It should be remembered that the agreement on termination of the contract has a free wording, which must correspond to the document drawn up earlier. More precisely, the agreement itself is drawn up in a similar vein to the agreement, then attached to the main paper and stored along with the form for the required period.

From the moment of signing supplementary agreement on termination of the agreement, all points of cooperation specified in the agreement are considered completed. In other words, the parties cannot then present any demands to their former partner! Very often, organizations make mistakes, since the conflicts that arise lead to serious problems. One company requires the other to perform additional actions, although their activities are no longer supported by legal papers.

After drawing up an additional agreement on termination of the contract, we can talk about the fulfillment of only a few points described in the current legislation of the Russian Federation:

• Warranty and other actions that are specific in nature;
• Regulating the behavior of organizations after the signing of an agreement to terminate the contract;
• Debt obligations that remained from one company to another.

An example is the following situation: one organization sold a certain amount of a product to another, receiving payment for it. But the delivery of products was not completed, as the parties were engaged in signing an agreement to terminate the contract. In this case, the manufacturing company is obliged to complete the procedure for transporting the goods to the buyer, since the payment for it has already been made. In other cases, if the supplier refuses to fulfill its direct obligation, the partner party can draw up a claim to the court and recover material compensation from the manufacturer for the time spent and moral damage.

Document requirements and sample agreement termination

There are a number of requirements regarding a sample agreement on termination of the contract, which absolutely all physical and legal entitiesoperating on the territory of the Russian Federation.

When drawing up a document, you should adhere to a number of rules:

• At the very top, data on the employee companies are written (you should adhere to the type of indication of the names of firms that is present in the contract itself);
• Next, you should identify the contract that is being terminated - indicate its number, date of drawing up and signing, name and so on;
• The date from which the agreement will be invalidated is indicated (usually the phrase "from the moment the parties signed this agreement" is written here);
• Next, it is necessary to indicate that the parties have no claims against each other and all the conditions specified in the contract are considered fulfilled. If the transaction was only partially executed, then this must be specified in an official document;
• The number of copies of agreements is indicated (sometimes it is required to draw up an additional form, which is handed over to third parties);
• The details of the parties are registered;
• Signatures are put and agreements are handed over to the parties-employees.

In general, a sample agreement on termination of the contract can be drawn up in a different order, and the points described above are purely advisory in nature. Depending on the specifics of cooperation, the document can be supplemented with other points, which are indicated by competent lawyers involved in the procedure for terminating cooperation.

Lease Termination Agreement

The most common situation in which an agreement is drawn up to terminate an agreement by agreement of the parties is the absence of the need for one company to rent a private space owned by another organization. The financial crisis, a change in the type of activity and location of the main office, or a violation of the terms of cooperation lead to the fact that the company no longer needs to rent a retail space. And then the procedure for drawing up a document governing the termination of joint activities takes place.

When planning the termination of work with the further drafting of an agreement on termination of the contract by agreement of the parties, the lessee party sends a letter with a corresponding request. This letter is the basis for starting the procedure for terminating joint activities and serves as the basis for filing a request to the court if the other party refuses to sign the document or simply does not respond to the notification.

In the agreement on termination of the lease of the property, the following information should be indicated:

• The name of the property (for example, the area in a shopping center with an indication of its name);
• Full address of the object;
• Leasable area (in square meters);
• Cadastral number.

A sample termination of a lease agreement by agreement of the parties may, like other documents, contain specific clauses that relate to a specific case. If the parties to cooperation consider it appropriate to mention other information, then it can be contained in the official letterhead and has the same legal force as the points described above.

It must be remembered that the termination of the contract by agreement of the parties occurs in writing and is subject to state registration if required by the current lease. In other cases, you can do without registration by putting signatures under the main block, and on this the cooperation between the two companies will be considered complete.

Termination of an employment contract by agreement of the parties

Another popular request when terminating an agreement by agreement of the parties is a situation when an employee of a company wants to change jobs. To do this, he also has to go through a certain procedure with obtaining consent from the employer.

The procedure for terminating an employment contract by agreement of the parties occurs according to the following method:

• If the initiator is an employee of the company, then he will need to send appeals to the administration of the company in order to obtain written consent to terminate cooperation from the immediate manager;
• If the initiative comes from the employer himself, then it is not necessary to obtain a written agreement from the employee - you can get by with an oral agreement;
• The employee's application is recorded in the company's internal documentation journal;
• The agreement is printed in two copies and signed by the parties.

Unlike an agreement to terminate a lease, the document described above is considered complete when the former employee of the company receives full payment for the previous work. There are situations when the employer wants to save financial resources and does not want to pay his already well-deserved salary to his former subordinate, and then the latter can go to court with a request to collect the debt and compensate for the moral damage received.

Legal consequences after signing the agreement to terminate the contract

Violation of the order of termination of cooperation between several parties can lead to certain consequences for the violating company. According to the current legislation, joint activities can be terminated only by agreement of the parties or in judicial procedureif there is a certain dispute.

One of the parties to cooperation can demand material compensation for its property or goods that were received by the other party after the termination of the joint activity. It is also possible to claim compensation for additional losses if they were caused as a result of changes in the terms of the contract or its complete termination without the consent of the other party. The same rule applies to labor contracts, which cannot be terminated until the moment when the employee does not fulfill the obligations assumed, until a certain moment, in the work, and the employer does not pay for the services received.

Generally speaking, arbitrage practice shows that each contract is terminated in a certain order, depending on the specifics of the activities of the parties to cooperation and the chosen field of entrepreneurship. In each case, certain responsibility is assumed for the termination of work unilaterally or violation of other conditions prescribed in the cooperation agreement.

Requirements for a termination agreement

In accordance with the first paragraph of Article No. 452 of the Civil Code of the Russian Federation, agreements on termination of the contract must be drawn up in the same manner as the contract itself. For example, if the parties signed a document on cooperation without a notary component, then the agreement on the termination of work also does not need such a clause. If the joint activity began only from the moment of passing the procedure for state registration of the contract, then the agreement must also go through the appropriate procedure, and the cooperation itself ends only after the additional form passes the same registration.

The second important aspect is the fact that there is an agreement between the parties terminating cooperation. Unilaterally, an agreement can be drawn up only in the event of violations of the terms of the agreement by one of the parties. This option provides for a mandatory appeal to the court, where the issue of termination of joint work will be considered and, possibly, the recovery of compensation for the injured party.

As mentioned above, an agreement on the termination of cooperation between several parties will not be recognized as valid if the document contains no detailed information about the companies. The names of firms, their legal and physical addresses, full names of managers and other information are necessary not only to identify the parties, but also for the smooth passage of the court case, if the termination of the contract occurs with the involvement of state courts.

The agreement will also need to include mandatory clauses that state the following:

• Have the parties reached an agreement on the termination of cooperation in accordance with Article 77 (first part) Labor Code Russian Federation or relevant articles of the Civil Code;
• What date of termination of cooperation will be convenient for the partner parties (the day of termination of joint work is equal to the date of signing the agreement or the moment when the document passed the state registration procedure);
• Personal data of the representatives of the parties who put their signatures in the agreement.

It is also especially important that the parties do not have claims against each other, which can be expressed, both in property and in purely financial form, or in the form of not received services. If such are present, then the requirement to fulfill them is legally justified and can lead to certain consequences for the party that has not fully fulfilled its obligations.

If you have not figured out what and how to do to terminate the contract by agreement of the parties, please contact our free support. The UHELP operator will respond within 5 minutes. You can contact through the online consultant on the website by filling out the form under the article or by calling the phones listed at the beginning of the article.

Outcome

As can be understood from all of the above, it is impossible to terminate a cooperation agreement between several companies without meeting a number of specific requirements. Former partners must:

1. First, to fulfill all the obligations assumed.
2. Secondly, notify the other party of the intention to terminate cooperation.
3. Thirdly, justify the desire to stop working together.

As a rule, most contracts, whether it is an employment agreement or a document granting the right to use private property for commercial purposes, are drawn up for a long period. Termination of a joint venture may occur if one of the parties ceases to be satisfied with the working conditions or unforeseen circumstances arise that force the company or an individual to cease their activities. Then you can draw up an agreement on termination of the contract in writing and, if the parties do not need to go to court, then their joint activities cease without any consequences.