Creating a Partnership Agreement
Agreement of cooperation in a business can be done formally or informally. It is tailored to the type of cooperation was going to do. In addition, the manufacture of a cooperation agreement can be adjusted by agreement of all parties involved in it.
Typically, for a simple transaction process, such as home rental process, a cooperation agreement which was made still simpler form. In what sense does not involve many parties, such as only the homeowners, renters and a witness. This witness was usually derived from the head of the local environment. Thus, a cooperation agreement that was made does not require ratification process of law. And when problems occur during the process of cooperation agreements, the familial path of choice to find a way out of problems that arise.
This is different if the process of cooperation carried out on a larger scale and in the long term. Such cooperation in the establishment of a business entity. For cooperation like this, it takes a more detailed agreement. Both of the contents of cooperation up to the stage of ratification of the agreement.
Typically, for such cooperation must go through a legal ratification by the competent authority, in this case through a notary. Thus, if there are problems that do not correspond with the content of the cooperation agreement, could be brought into the realm of law.
The purpose of the Cooperation Agreement
Making a cooperation agreement, not merely intended to avoid problems or anyway to resolve problems that arise. But there are some other things which it has been made an agreement of cooperation on a wide range of human activities that involve the relationship of two or more parties to a transaction.
Some of the goals of making such an agreement are:
1. As a reference in the activity. Thus, all activities will be conducted by all parties involved in the process of cooperation, should refer to the provisions already stipulated in the letter agreement.
2. Certainty of the transaction. With the letter of the Agreement, will provide peace of all parties in the transaction. It is given in the letter of agreement is usually listed on the provision for those who do not fulfill the provisions that have been agreed in the cooperation process.
3. Indicator of the level of transactions. The more detail and authorized a letter of agreement was made, shows that the value of transactions that are the object of cooperation is increasing. So this could be an initial assessment for those who want to establish cooperation to assess whether the value of cooperation that will be undertaken bona fide or not.
4. Guide to resolve problems that may arise. In a letter of agreement must be mentioned about the process that will be taken if the parties involved co-operation there is a difference, giving rise to disputes.
Contents Letter of Cooperation Agreement
For those who frequent transactions or establish cooperation with other parties, is an obligation to find out about the ins and outs of the letter agreement. This is to address the possibility that we have problems related to the existence of the letter, especially when we have formed a partnership with those who have bad intentions on the cooperation process.
To that end, in a letter of agreement shall contain the main points raised that explains everything related to the ongoing process of cooperation. Some of these key points include:
1. To clearly state the identity of the parties involved in the process of cooperation. Whether it concerns the data themselves as well as address certain of these parties.
2. Object co-operation should be mentioned. Thus, all parties involved in the letter agreement is to know with certainty about the subject of cooperation underway.
3. Value of the transaction. If in the process of cooperation emerging value of the transaction, then this should be stated clearly and write clearly and with a par.
4. The validity period of the agreement. Cooperation agreement that has a time limit, it should be mentioned. This is accompanied by steps to be taken if the co-operation when the period expires. Good steps to continue the cooperation as well as if to complete the process of cooperation.
5. Rights and obligations. In a partnership, there are certain rights and obligations attached to the parties involved in such cooperation. Thus, all parties will understand and realize the limitations of each party related to the rights and obligations that they can get.
6. Sanctions and solutions. In the letter of agreement must also contain a stipulation of sanctions if any party violates the agreement. Likewise, if problems arise during the period of cooperation, it should be mentioned about the solutions that will be taken.
7. The Witness. A process of cooperation should involve a third party acting as a witness. So if there was a problem, this witness may act as a mediator or in the legal process can act as a resource person who is neutral. Instead, witnesses from each party involved in the transaction or can also come from outsiders who can provide objectivity in the assessment of the problem.
8. Time and place of the agreement. This section looks trivial but it has an important role. Because if there is a problem in the transaction, a matter of time and place of the agreement could be one means of legal proof. Thus, the time and place of the agreement was made mandatory for inclusion in the letter of such cooperation.