A big deal - what needs to be considered?

Both beginners and experienced entrepreneurs dream of concluding such a contract, which would provide the enterprise with development, and for them - a comfortable existence for long if not years, then months. Such a contract can be a major transaction, which is not so easy to conclude. After all, a newcomer will not be trusted enough to immediately sign contracts with him for large sums. Therefore, a major transaction requires not only experience, but also knowledge of the market, the presence of a good reputation of a businessman. Often, it is necessary to obtain a loan, collateral, guarantees, sureties.

Why are most often concluded large transactions LLC, i.e. A limited liability company? Because in this case the enterprise answers within the limits of the authorized capital. But the IP responds with all its assets, and if any of the cogs of the mechanism fails, the whole burden of responsibility will lie on a single person. In addition, large transactions are most often concluded in the process of conducting tenders aimed specifically at identifying the most reliable performers. A contract for an annual volume of supplies, for example food or equipment, can cover all the needs of the enterprise and provide it with work and profit for a year to come.

In the most advantageous position are those entrepreneurs for whom a large transaction is the next in a series of less voluminous, but with the same counterparty. In this case, a long-term contract or large installments will be evidence that the reputation of the enterprise is impeccable and reliable. However, if a major transaction is planned with a new supplier or contractor, a thorough analysis of its position, its legal situation, and conditions should be carried out. Prepare to sign the contract. In this case, guarantees of performance of obligations may be required. The best way out will be contract insurance. An uninsured large transaction is the purest water risk for an entrepreneur.

What kind of deal can be considered large?

In general, despite the fact that the law provides for the definition of such transactions, and the way of calculating the cost, the concept of this directly depends on the volume of the company's assets. Consequently, a large transaction of a large concern is not equal to that of a limited liability company. The cost is calculated on the basis of the alienated (acquired, transferred into ownership, etc.) property. A major transaction is one in which the value of the obligation is equal to or exceeds 25% of the assets (circulating and non-current) of the enterprise in the case of joint-stock companies, and 25% of the company's total assets for LLCs. Her conclusion must pass a certain procedure for approval and approval of either the board of directors or the board of the enterprise. The charter may define a higher threshold for large transactions (say, not twenty-five percent, but fifty). If the LLC does not have a supervisory board, then the decision to conclude a major transaction is taken at the meeting of the founders (participants) by a majority of votes.