Investment contract Construction of real estate object. List of documents attached to the contract. The procedure for calculations between the parties

The construction investment agreement is an agreement concluded between two or several parties and aimed at the construction of joint efforts through investments. Investments - cash or securities, as well as other property, including property law, which has a cash equivalent, which invest in construction facilities to make a cash profit or another end result. Investments in the newly started construction, including the development of project documentation, are capital investments.

Parties to such a contract:

A legal entity called the customer or developer is one party.
Legal, individual, a group of persons or various state associations, called the investor - the second side of the contract.

At the conclusion of the Agreement, the developer takes over the coordination of the project documentation and obtaining coordination in the competent authorities for construction, as well as on the construction of the house due to attracted or own. The investor also acquires all the rights to the real estate constructed and stipulated in the contract, after final commissioning. Also in the contract should be spelled out the exact time and the procedure for transferring real estate from the developer to the investor.

What should not be in the investment contract, so it is terminology from contractual contracts, even if the developer combines the contractor's functions, that is, it is engaged in the construction of the facility. Otherwise, tax services will balance the investment agreement as a contract, and the amounts received from investors will be considered advance payments that are subject to taxation on another scheme.

Thus, it can be said that the investment contract may contain the following information:

the subject of the contract is the construction object with the most accurate characteristics;
the procedure for transferring funds from the investor and the transfer of the completed object to the property;
terms of construction and transfer of a residential facility - subject of contract.

Legal basis of an investment agreement

Federal Law of February 25, 1999 No. 39-FZ "On Investment Activities in the Russian Federation ..." (as amended on August 22, 2004);
Law of the RSFSR No. 1488-1 of June 26, 1991 "On Investment Activities in the RSFSR" (as amended on January 10, 2003), which acts in part of the rules that do not contradict the requirements of a newer legislative act No. 39-FZ.
Part 1 and part 2 of the Civil Code of the Russian Federation.

According to the current legislation, investors have the following rights:

To dispose, to use and enjoy the object of investment, as well as transfer the rights to this object to third parties without violating current legislation.
Investment activities, choosing capital investment facilities, and enter into relevant treaties.
Implement other rights in accordance with the contract or public contract.

Customers are also burdened with the responsibilities for which they must independently or with the involvement of contracting organizations to organize the construction of an investment facility.

Failure to comply with the requirements of federal acts leads to liability in accordance with valid Russian legislation, up to criminal liability.

View the investment contract in the construction of the sample, you can passing the investment contract below.

Treaty of investment in favor of a third party

For such a contract in favor of unauthorized persons, the customer (or developer) is obliged to transfer the built apartment at the property not to the investor himself, but a third party that can be clearly spelled out or not spelled out in an investment contract. The said third party has the full right to refuse all rights arising from his investment contract in favor of the investor.

If the third party seizes the desire to take advantage of its rights under the contract (the right to receive a certain share in the facility under construction), then the other two parties are not entitled to change something in the investment contract without the consent of the said third party.

The Central Element in the Treaty with the participation of a third party is an investor. In the case of improper performance of his duties on financing the object, the developer may not transfer the resulting share to the third person.

In practice, such treaties are or parents in favor of their children, or employers in favor of their employees. In fact, the third person is the final recipient of the service, and the investor must control the observance of all the conditions of the investment contract.

State Registration Property Rights

The investment contract does not relate to transactions committed with real estate, and regulates relations on the design and transfer of property rights on property, which at the time of this transfer has not yet been the object of ownership. Therefore, register an investment contract in a single state register is optional. It is customary to be concluded when all parties agree with all the terms of the contract and have no complaints.

State registration is not fulfilled in relation to the entire contract, but only about the property rights or rights of the investor claims contained in it.

State registration of the right of claim gives the investor the following guarantees and privileges:

Appeal for registration on the same object of real estate will be simplified;
In the case of transmission of rights between investors, it eliminates the following responsibility between them;
Guarantees the protection of the real estate object from the possible unfair ratio of the developer and excludes the possibility of concluding a similar agreement on the same object;
Thanks to the examination of the customer's documents under state registration, the possibility of their legally incorrect design is eliminated.

After passing the procedure for registering the right of claim in the contract, a special stamp is affixed, and after registering the right of ownership - a certificate is issued confirming the need to fulfill its contractual duties.

Risks at the conclusion of an investment agreement

The regulatory framework of investment contracts is sufficiently stingy and does not contain rigidly regulated requirements and frameworks. Therefore, in practice, it is impossible to create a unified investment contract in construction - the sample is possible only in parts that are identical for all contractual documents. This creates a certain expanser for the activities of fraudsters or unscrupulous persons.

Risk 1. The customer is trying to convince the sign of the investment contract prepared by them, which does not contain clearly specified deadlines or in which its responsibility is not prescribed. If the investor agrees to such conditions, the risk of turning the object in long-term or unfinished construction is extremely large, and the customer's responsibility will be minimal. Combating customers do not allow contracts to conclude in this form. In addition, it must be remembered that the illegal agreements are considered to be the objects for the construction of which were received by customers after 01.04.2005.

Risk 2. The content of the contract and its condition is in perfect order and arrange an investor. The signing of the contract, the transfer of investment and ... all. The customer does not work on the project and in general this legal entity no longer exists. To avoid such a situation before the conclusion of an investment agreement, the entire right-ending and other customer documentation should be carefully checked.

Risk 3. Chains. When concluding an investment agreement "Third Hands", to achieve a positive result for an investor in case of violation of its rights will be extremely difficult. In some cases, the chains can resemble financial pyramids.

Similarities and differences in an agreement of investment and shares agreements

Another form of civil relations similar to the investment contract is a contract of equity construction. These forms are sometimes confused by each other, so we will explain what kind of similarities and differences between them exist:

Both types of contracts are concluded in a simple writing, but the contract of shared construction is subject to mandatory state registration and enters into operation only after it.
Payment under the contract of shared construction is possible only in monetary form, in contrast to the investment agreement.
Under the contract of equity participation, only a legal entity-developer can act, directly carrying out the construction of a real estate object and having land rights. When investing, the concept of counterparty is quite blurred, the conclusion of the contract is possible even between the investors themselves.
The responsibility of the Customer is determined only by the terms of the investment agreement, while the obligations of the Customer in the share participation are strictly regulated by federal legislation, in which even the conditions for passing the facility and guarantees extending to the quality of the object are prescribed. Similarities - In both cases, customers are responsible for the development of attracted funds.
The responsibilities of the shareholder or investor are practically identical, the transfer of rights under certain conditions is possible on both types of contracts.
Ensuring obligations under the investment contract is not a prerequisite, and on the equity - is.

The priority type of contract is determined by the parties depending on the specific conditions of construction.

The most important thing is that all citizens need to remember that in the business of the business there are no risk-free operations. And to enhance your own safety and preservation of its savings, the conclusions of all types of contracts should be carried out under the control of independent lawyers and only after consulting with them.

Any kinds of transactions lawyers strongly recommend decomriage documented, especially when it comes to large amounts of money. The investor and the customer always make an investment contract - a document that takes into account all the details of the agreement achieved. Investments themselves risky, so a competently executed investment agreement is able to protect against some unforeseen situations as the side of the customer and the investor.

General concepts

The investment activity agreement confirms the relationship between the investor and the customer, and also determines their rights and obligations. Equal participants in the contract are the Customer and Investor. Wherein, the customer is the one who leads the project. This is usually the head of the enterprise or organization whose activities need investment. It is he who takes over all responsibility for the funds received. The Customer's side is obliged to fulfill all the items of the contract and confirms it with his signature. For the result of the investment operation and all financial activities are responsible for the customer.

Party of the Investor can act as a legal and individual. He gives his funds to management and expects to receive a conventional profit. On the part of the investor in the document, the requirements for possible risks or prediers may be spelled. On the other hand, the investment contract may contain an item on the obligation of an investor not to interfere in the course of financial activities to the end of the term.

Some areas of activity can take into account in the document and third party, such as a contractor or investment agent. For example, such a sphere is the construction. The agent, as a rule, receives a percentage of the amount to which the deal lies, and contributes to the search for investors and the conclusion of new treaties. But for the customer it is a rather advantageous option, since the commission is very small, compared with the amounts of contracts.

Investment contract involves obtaining benefits by all parties: The investor increases its capital, and the customer, as a rule, receives a completed project and remuneration. The source of profit is the activities of the project.

The investor and the customer discusses the details of the future project and find out absolutely all aspects of future activities. They need to come to an agreement that would suit both parties.

The transfer of money to the customer is necessarily drawn up documented. This contributes to an increase in the reliability of the transaction, its legality and transparency. Documentary confirmation reduces the risk of loss of funds for the investor and makes it possible to resolve controversial issues, including in court. Means are transferred to property or in management, which has no significant value. The overall mechanism implies the loan fact of the Customer with the Investor with any form of subsequent use of funds. The process of transferring money can occur in the following ways:

After signing the contract, the investor immediately transmits the necessary amount agreed.
Funds come to customer parts. This option is acceptable for both sides if:
1. The money to the customer is needed gradually, for some time interfer.
2. The trust of the parties to each other is not at the highest level and the investor wants to be reinsured.

The customer received the customer invests in the project and independently follows all the processes, as well as costs and profits. At a certain date, both parties agree in advance, the customer returns to the investor his remuneration for investment.

Interest Investor can receive in two ways:

Fixed amount. The result of the investment project does not affect the amount that the investor will receive - it is a fixed and unchanged figure. Payments must be accomplished precisely in agreed dates. Small amendments can be made only with the consent of both parties.
Part of profits. The amounts of such payments are usually approximate. With long-term investments, the exact number is quite difficult to call. The parties are repelled from the average values \u200b\u200bof the expected profitability and establish the percentage of the actual money. Many investors are trying to avoid such agreements because some uncertainty arises. Customers, on the contrary, are committed to the conclusion of such contracts, because it makes it possible to take into account unexpected changes in macroeconomics, inflation and other unforeseen circumstances.

The method of payment of reward is negotiated in advance and necessarily specifically in the contract, to avoid any misunderstandings.

Obligations

The investment contract protects the interests of both the customer and the investor. It defines the actions that must complete both sides. The most important points that are taken into account in the Type of Treaty are as follows:

For customer

Compliance with the timing of the project
Providing reports on financial activities and the course of the project.
Delivery of the result of the activities.
Providing all necessary documents.
Attracting specialists or contractors to implement the project and conclude a contract.
Control of permissible expenses.
Control of all the actions related to the project.
Return of all borrowed funds within the prescribed period.

For investor

Transferring the agreed amount of money without delays and changes.
Check the results of investment activities and acceptance of the project.
Payment of remuneration.
If necessary, drawing up all documents upon completion of the project - registration of ownership and registration in the necessary state structures.

All wording and items that contain an investment contract are very important and can affect the result of resolving controversial issues. Create the right contract can qualified lawyers, to which should be applied in the event of the slightest doubt. It is better to spend more time to draw up and examine the document than to become a victim of fraudsters or own ignorance. A lawyer needs to show a preceded contract and explain in words what you really want. Then the specialist will be able to prompt inaccuracies and ambiguous items in the document, and will also offer the correct writing. In addition, the lawyer will check the document for compliance with the latest legislation standards, which can not be done every businessman.

Be sure to pay attention to the following moments in the contract:

Title of the document.
Date and time of conclusion.
Data parties.
Individual information about the project is a goal, deadlines, amounts.
The rights of both sides.
Responsibilities of both sides.

The investment contract necessarily establishes the price of the project. For an investor, it means the full amount of the necessary investments, which includes all costs for the cost of materials, remuneration, services of specialists, admissible risks, technical equipment and other spending.

The project price is an approximate amount or permissible range of necessary investments.. For calculating accurate digits, small amendments or indices are used, which take into account possible changes in the prices for materials or services.

When violating the timing of the project, its price may vary. In this case, the cost is adjusted in the interests of the parties, which suffered a loss.

The investor carries a much greater risk. With an unfavorable result of the completion of the project, it is he who will not receive back its funds, while the customer, in most cases, simply limits the moral experiences. Such an end of the project must be considered when writing a contract and protect themselves in advance, including the corresponding point on the payment of penalties in the contract.

To minimize possible losses and unsuccessful outcome of investment activities, the investor should:

Find out the details of the legal life of the other side - the reputation of the company, credit history.
Personally make sure that all right-ending documents are available: land, equipment and more.
Check for permission to carry out appropriate works or licenses for a certain type of activity. Pay attention to the shelf life of such documents and verify them with applicable law.
If there are similar partners-investors to explore their rights and obligations to the company of interest.

Signs of investment contract

In Russian legislation, there is no clear definition of the term "investment contract". There is also no direct entities that can enter into such a type of contract and objects that may be indicated in it. Lawyers believe that the investment agreement differs from other agreements by the availability of the economic content of the document and the formulation of obtaining income as a goal of joint activities. Signs of an investment agreement can be called:

Long-term cooperation between the parties.
Mutual benefit - investing money in exchange for income, real estate or other project result.
The basis of the Agreement is a commercial offer, project documentation.
There is a commercial interest.

We found out the main points, with which the investment contract must be drawn up. Next follow the steps of its implementation.

First - preparation. Here are all the actions necessary for financial calculations. The customer is preparing an economic substantiation of the required amount, shows the project documentation, prepares a technical base. At this stage, the Customer provides aggregate information on the future project, while all the numbers and a list of works or the necessary services may be approximate. Often, such cumulative information is provided as a business plan, where the need for some costs and the benefits of project implementation are displayed.
The second is immediately implementing. At this stage, all agreements are achieved and the conditions are stipulated. The investor transfers the money to the customer, and the project launches. The parties conclude a contract, and the customer attracts all the necessary contractors and specialists.
The third is operational. Small adjustments can be added to the implemented project - the supply of additional resources, solving problems encountered on the object.

The implementation of the project acceptance by the Investor's acceptance object is completed. This should be confirmed by the relevant documents, for example, an act of acceptance and transmission. After that, the investor issues all subsequent documents in his name.

In the field of net financial investments, such as transferring money to management for trade in the stock market, the result of investment becomes the payment of profits to both parties, in accordance with the terms of the contract compiled earlier. The fact that all the terms of the contract were fulfilled and the parties do not have complaints, the necessary documents are also drawn up.

If desired, the investment cooperation agreement can be extended by issuing an additional agreement. Conditions for renewal of cooperation may differ from the previously established. All amendments and changes are necessarily indicated in the Additional Agreement.

Key points

No matter how profitable you did not seem to have a future investment, it is better not to hurry and follow the basic rules:

Do not believe in words - require documents. This applies to both the documents of a physical or legal person with which you make an investment agreement and your mutual commitments. Everything must be documented.
Consult with specialists. Attract lawyers to explore the compiled treaty and the proper formulation of those aspects that you want to include. Official organizations can also help check the reputation or credit history of the subject of interest.
Take into account the details. It is absolutely all - from the timing and cost to solving problem situations that may not be. All moments must be measured and provable, no abstract or controversial formulations. Use dates, numbers, comparative ratios.
Turn on the investment contract items on the various results of the project. Describe the conditions on which you will part with the customer in case of success and in the case of a negative outcome. The classification of investment contracts and their correct texture by law is not provided. The only thing that gives the parties the right to control the actions of each other are the points of the contract. The more the requirements be written - the better.
Protection by law. You can protect yourself from bought judges or unfair dispute resolution if the case will consider the Court of Foreign countries. This moment can be specified in the contract. Abroad, the investment agreement is considered on the basis of the law, and not "on acquaintance".

______________ "___" ___________ __________________________________________________________________________, (name or Full name) (Position, Full name) in force on the basis of _______________________, refer to the following (charter, position, power of attorney or passports) "Investor", on the one hand, ______________________________________________ (name or Full name) in the face of _________________________________________, acting on the basis of (position, Full name) __________________________________________________________________________, refer to ___ passports) "Customer", on the other hand, and ___________________________________________ (name or Full name) in the face _________________________________________, acting on the basis of (position, full or passport) "contractor", with a third party, co-referred to as "sides", concluded Austrial agreement on the following:

1. Definitions and their interpretation

1.1. The definitions used in this Agreement have the following meaning:

1.1.1. Investments - own, borrowed and / or fundamental funds, securities, other property invested by the investor. In accordance with this Treaty, investments are funds funds (paragraph 9 of sub. 14, 1 Art. 251 of the Tax Code of the Russian Federation).

1.1.2. Investment activities - investment investment and practical actions in order to implement an investment project.

1.1.3. Investment project - a substantiation of economic feasibility, volume and timing of the implementation of capital investments, including the necessary design and estimate documentation developed in accordance with the legislation of the Russian Federation and approved in accordance with the established procedures (regulations and regulations), as well as a description of practical actions to implement investments (business plan).

1.1.4. The result of investment activity is a non-residential building created at: ____________________________, the construction of which will be carried out in accordance with the project and this Agreement (hereinafter referred to as the text is also "object"). The object is intended for ___________________________________________. (functional purpose)

1.1.5. The contractor is a legal entity that performs work under the construction contract concluded with the customer who has permission to produce relevant work (certificate of admission to work).

1.1.6. Works - the entire volume of construction work on the construction of the facility to be fulfilled by the Customer and the Contractor in accordance with the terms of this Agreement.

1.1.7. The land plot (construction site) is part of the earth's surface, the boundaries of which are determined in accordance with federal laws, allocated for the construction of an object in the manner prescribed by the legislation of the Russian Federation, the total area of \u200b\u200b________ square. m, Cadastral N _____, located at: ________________________, belonging to the customer on the right of ownership (or lease), which is confirmed by _____________________________ (details of privileged documents).

1.1.8. Design and estimate documentation - source-permissive, technical documentation, developed project documentation, technical conditions and passports for materials, equipment, structures and components, estimates.

1.1.9. The total area of \u200b\u200bthe result of investment activity is the amount of areas (useful, common, engineering purposes) of all floors (including technical, basement and attic), measured by the inner surfaces of walls and integrated-attached premises.

1.1.10. The term of the investment project is the term from the moment of the start of the investment project until the transfer of the facility to the investor.

1.1.11. The payback period of the investment project - the period from the date of the beginning of the financing of the investment project to the day, when the difference between the accumulated amount of net profit with depreciation and the volume of investment costs acquires a positive value.

1.2. At the conclusion and execution of this Agreement, the parties are guided by the Law of the Russian Federation "On Investment Activities in the RSFSR" (in part of the provisions not in force), the Federal Law "On Investment Activities in the Russian Federation implemented in the form of capital investments", the current legislation of the Russian Federation.

2. Subject of the contract. General provisions

2.1. Under this Agreement, the investor undertakes to invest money for the implementation of the investment project, the Customer undertakes to control the use of funds and implement the investment project, and the Contractor undertakes to fulfill the construction of the facility in the manner and on the conditions established by the current legislation of the Russian Federation.

2.2. Upon completion of the implementation of the investment project, the commissioning of the Object, its state registration and, subject to the instructions of the obligations under this Agreement, the Customer conveys the Investor an object in the manner prescribed by law.

2.3. Investors received from the investor should be sent to the performance of construction and control over the performance of work.

2.4. The customer charges, and the contractor undertakes to perform on its own risk of own and attracted forces and means of work on the construction of an object in accordance with the approved design and estimate documentation, the terms of this Agreement.

2.5. The contractor undertakes to fully complete the construction and pass the finished object to the Customer "turnkey" until ________.

2.6. The customer undertakes to transfer the finished object to the investor on time until ________.

2.7. The right of the contractor to perform on the territory of the Russian Federation, the work provided for by this agreement is confirmed by the certificate of admission to the work _________ from _________

2.8. The right of the Customer to fulfill the work on the territory of the Russian Federation is confirmed by the certificate of admission to the work _________ from _________

3. Rights and obligations of the parties

3.1. The investor undertakes:

3.1.1. Provide construction financing in accordance with the terms of this Agreement.

3.1.2. To provide the customer with payment documents related to the execution by the Parties to the obligations undertakes under the contract.

3.2. The customer undertakes:

3.2.1. Get and arrange the following source data for designing an object: __________________________ on time no later than ____________ from the moment _______________ (according to Appendix N 1 to this Agreement).

3.2.2. Prepare the design task on time no later than _______________ from the moment _____________ (according to Appendix N 1 to this Agreement).

3.2.3. Carry out technical support of the project stage.

3.2.4. To issue permissive documentation for the construction of an object on time no later than _______________ from the moment _____________ (according to Appendix N 1 to this Agreement).

3.2.5. Prepare a land plot for the production of work on time ________ from the moment of signing by the Parties of this Agreement.

3.2.6. Check and accept project-estimate documentation.

3.2.7. Eliminate the identified shortcomings in design and estimate documentation no later than ______________ from the moment of their detection.

3.2.8. To transfer the land plot to the contractor on the act of receiving the land plot no later than _____________ since the end of the preparation of the land plot to construction.

3.2.9. Construction management.

3.2.10. Participate in coordinating the materials and equipment used.

3.2.11. Implement the quality of the construction work performed, as well as products, materials and equipment used in construction. To monitor the compliance of construction and installation work of project documentation and regulatory documents. If the customer in the course of acceptance of work, there will be disadvantages, the latter sets out their comments in writing and in _____-day term transmits them to the contractor indicating the term of correction. Payment by the investor for the work performed is made after eliminating the identified deficiencies.

3.2.12. Acceptance, examination and evaluation, including intermediate and hidden, work performed on acts.

3.2.13. Control the compliance of the volume and quality of the works of construction documentation.

3.2.14. Check out the acts of work performed no later than ____________ from the moment they are received from the contractor and control the introduction of appropriate changes in the lacks identified in acts.

3.2.15. Provide and monitor the target use of investor's funds contractor.

3.2.16. To keep records of the volume and cost of accepted and paid works, as well as the volume and value of poor-quality work and the cost of eliminating defects.

3.2.17. Implement the security of construction work.

3.2.18. Control the presence and correctness of the maintenance of primary executive technical documentation.

3.2.20. Provide preparation of documents for the Working Commission for the Acceptance of the Finished Object.

3.2.21. Take part in the work of the Working Commission on the acceptance of the completed object.

3.2.22. To ensure the preparation of documents for the commission on the acceptance of the completed construction of the facility.

3.2.23. Take part in the work of the Commission on the acceptance of the completed construction of an object under the Rights of the Technical Customer.

3.2.24. Prepare claims and other legitimate methods to defend the interests of the investor.

3.3. The contractor undertakes:

3.3.1. Perform all design (Stage "Project", approved by part) and construction work in the amount and timing, which are provided for in this Agreement and applications to it, and pass the object to the Customer in a state that provides normal operation in accordance with the approved project.

3.3.2. Prepare and convey to the customer design-estimate and working documentation no later than _______________ from the moment _____________ (according to Appendix N 1 to this Agreement).

The documentation transferred to the contractor must be drawn up in accordance with the requirements of the following construction standards and rules: ______________________________________.

Representing the contractor inappropriately decorated or noncompliant documentation is equal to its failure. When identifying deficiencies, the customer on time _____________ from the moment of discovery is obliged to report this contractor who corrects the shortcomings at its own expense.

3.3.3. Work in accordance with projects, estimates, work drawings and construction norms and rules.

3.3.4. Submitting at the request of the customer and / or investor no later than _____ working days Primary payment documents confirming the cost of materials acquired for the construction of materials, equipment.

3.3.5. To put the necessary materials, equipment, products, designs, construction equipment, and to carry out their unloading and warehousing on time: _________________.

3.3.6. On time _____________ Since the provision of a land plot for construction, we will build on its own and means of temporary structures necessary for storing materials and performing work under the contract.

3.3.7. With the written consent of the Customer and the Investor, subcontracting organizations to the production of works on the construction of the facility and be responsible to the investor and the customer for the proper performance of work under the contract attracted by subcontractors.

3.3.8. Provide in the course of construction the fulfillment of the necessary safety and environmental safety measures.

3.3.9. Open an order for the production of preparatory and construction work at the facility.

3.3.10. Provide content in cleanliness and cleaning of the construction site and the street strip adjacent to it.

3.3.11. Provide the protection of the facility, materials, equipment, construction equipment and other property and structures on the land plot within the construction site to the completion of the construction and acceptance of the customer of the finished object.

3.3.12. In the week from the date of signing an act on the acceptance of the construction vehicle, equipment, tools, building materials, temporary structures and other property, as well as construction tract, and other property, and construction tract.

3.4. If the Customer does not follow its obligations under the contract, and this will lead to a delay in the construction of the facility, the Contractor has the right to extend the construction period for the relevant period and exemption during this period from paying a penalty for the delay in commissioning.

4. Cost of work and financing procedure

4.1. The cost of all the work on the implementation of the investment project to be financing by the investor is __________ rubles, including VAT - __________ rubles _____ kopecks.

Financing an investment project is carried out by an investor in the manner and timing established by Appendix N 3 to this Agreement.

4.2. The cost of work performed by the Customer under this Agreement is _____% of the value of the actual work performed at the facility, which is __________ rubles, incl. VAT - __________ rubles _____ kopecks.

The payment of the customer is made in the time limit set by Appendix N 4.

4.3. The cost of work performed by the Contractor is __________ rubles, incl. VAT - __________ rubles _____ kopecks. Payment of work is carried out in the time limits set by Appendix N 5.

4.4. All changes in the initial contractual price and construction time or one of these parameters are issued by an additional agreement of the parties.

4.5. The change in architectural and construction and spatial solutions, as well as an increase in the number and cost of the applied finishing materials and engineering systems and other factors affecting the cost of designing and construction, which occurred at the request of the investor are carried out by the Contractor and are paid by the Investor on the Additional Agreement of the Parties.

4.6. Exceeding with the contractor of the project volumes and the cost of work, not confirmed by the Additional Agreement of the Parties to the Treaty, are paid by the Contractor at its own expense, provided that they are not caused by the Customer's violation of their obligations.

5. Terms of work

5.1. Work under the contract is carried out by the contractor in the deadlines established by Appendix N 1.

5.2. The change in the work of the work is made on the basis of an additional agreement specifying the deadlines and the construction price.

6. Organization of work

6.1. To organize execution of work, the customer appoints the responsible _______________________________________________________________________________________________________ (FF, telephone, email address) and his deputy ________________________________. (Full name, phone, email address) 6.2. To organize work, the contractor appoints the responsible ____________________________________________________________ (full name, telephone, email address) and his deputy ________________________________. (Full name, phone, email address) 6.3. To organize work, an investor appoints the responsible ____________________________________________________________________________________________________________________________________________________________________________. (Full name, phone, email address)

6.4. At the end of construction, the Contractor on time __________ transfers the Customer of the location and coordinate catalogs and heights of the geodetic signs installed in geodetic drives during the construction period and stored before it.

6.5. Temporary connections of communications for the period of work on the land plot and newly built communications at the dots of the connection performs the Contractor.

6.6. The contractor in writing for _____ to the beginning of acceptance notifies the customer about the readiness of individual responsible structures and hidden work.

Their readiness is confirmed by bilateral acts of intermediate acceptance of responsible structures and acts of examination of hidden work.

The contractor embarks on the execution of subsequent work only after the written permission of the customer introduced into the work log.

If the closure of the work is performed without confirmation of the customer, or it was not informed about it, or informed with late, then at its request, the Contractor is obliged to open any part of the hidden work according to the instructions of the customer, and then restore it at his own expense.

6.7. If the customer will be discovered poorly performed work, the contractor on its own and without increasing the cost of construction is obliged to convert these work in additionally agreed by the parties to ensure their proper quality. If you refuse to implement the contractor of this duty, the Customer has the right to rectify poorly performed works to attract another organization with the payment of expenses at the expense of the contractor.

6.8. The contractor leads at the facility the work of the work of work, which reflects the course of the work of work, as well as comments of the copyright and technical supervision.

A monthly customer checks and his signature confirms entries in the journal. If he is not satisfied with the work and quality of works or records, he sets out his opinion in the journal.

The contractor undertakes to take measures to eliminate the shortcomings specified by the Customer.

6.9. The customer (in coordination with the investor) is entitled to make any changes to the volume of work, which, in his opinion, is necessary, which he gives a written order, compulsory for the contractor, indicating:

Increase or decrease the volume of any work included in the contract;

Eliminate any work;

Change in character, or quality, or the type of any part of the work;

Perform additional work of any character necessary to complete construction.

6.10. Representatives of the Customer and Investor have the right to unhindered access to the construction site at any time during the entire construction period.

7. Acceptance of the completed construction of the facility

7.1. The acceptance of the construction of the facility is carried out after the parties are fulfilled by all obligations provided for by the Agreement, in accordance with the established procedure that acts on the date of its signing.

7.2. The acceptance of the object is carried out by the Acceptance Commission established in the manner prescribed by law.

7.3. The contractor conveys the investor and the customer for ______ days before the start of acceptance of the completed construction of the object two copies of the executive documentation in the composition determined by the Customer in accordance with the terms of the contract, within the framework of the construction standards and the rules with written confirmation of the conformity of the transmitted documentation actually performed work.

7.4. The object acceptance is made during ______ days after receiving the customer of the written notice of the contractor about its readiness.

7.5. Prior to the delivery of the facility, the Contractor is responsible for the risk of random destruction and damage, except for cases related to the circumstances of force majeure.

Investor's use for its needs or needs of the part of the facility of the facility, the construction of which is generally not completed, is allowed by agreement with the contractor or after accepting this part of the object into operation in the prescribed manner with the adoption of all the fullness of responsibility.

7.6. The customer transmits an investor to the object taken from the contractor.

7.7. The ownership of the object under construction in its paid part of the investor and the object adopted by the completed construction belongs to the Investor. After accepting an object, the investor assumes the risk of its possible destruction or damage.

8. Guarantees

8.1. The contractor guarantees:

The proper quality of materials used, designs, equipment and systems, compliance with their design specifications, state standards and technical conditions, the provision of their relevant certificates, technical passports and other documents certifying their quality;

The quality of all work in accordance with the project documentation and current standards and specifications;

Timely elimination of deficiencies and defects identified in the acceptance of work and during the guaranteed operation of the object;

Uninterrupted operation of engineering systems and equipment at normal operation of the object.

8.2. The customer guarantees:

Timely fulfillment of your obligations under the contract.

8.3. Investor guarantees:

Timely financing of construction.

8.4. The warranty period of operation of the object and the engineering systems, equipment, materials and work included in it is established at __________ years from the date of signing by the Parties of the act of acceptance of the completed construction of the facility.

If defects that prevent normal operation are detected during the warranty operation of the object, the Contractor shall eliminate them at their own expense and in agreed time.

To participate in the compilation of the act, fixing defects, coordinate the procedure and the timing of their elimination, the contractor is obliged to send his representative no later than ______ days from the date of receipt of the written notice of the customer.

The warranty period in this case is extended according to the period of elimination of defects.

These guarantees do not apply to cases of intentional damage to the object by third parties.

8.5. If the contractor fails from the compilation or signing of the act of detected defects, the Customer constitutes a one-sided act on the basis of a qualified examination, which is the basis for eliminating the contractor to the identified defects.

9. Object insurance

9.1. The contractor undertakes to conclude a comprehensive insurance contract for construction and installation risks and responsibility in favor of the investor (beneficiary) during construction and installation work at the facility within ______ days from the date of signing the contract.

9.2. The contractor is obliged to submit to the Customer evidence of the conclusion of a comprehensive insurance of construction and installation risks and responsibility during construction and installation work (a copy of the insurance policy) indicating the insurer data and the amount of the sum insured.

9.3. Insurance does not exempt the contractor from the obligation to take the necessary measures to prevent the occurrence of the insured event.

10. Force Major

10.1. None of the parties are responsible for non-fulfillment or improper fulfillment of duties, if such is a consequence of the following circumstances: flooding, fire, earthquake, war, military actions, blockade, other circumstances that are out of control of the parties and arising from the contract, provided that that the circumstance arising is impossible or difficult to fulfill this contract.

10.2. The party for which the impossibility of fulfilling its obligations was created, is obliged in any available form to inform the counterparties on the emergence of the above circumstances during __________ from the moment of their occurrence.

10.3. The deadline for fulfilling the obligations under the contract is extended during the circumstances of force majeure.

10.4. If the circumstances of force majeure will act more than __________, this Agreement is automatically terminated.

11. Responsibility of Party

11.1. The parties are responsible for non-fulfillment or improper performance of obligations assigned to them in accordance with the current legislation of the Russian Federation.

11.2. In the event of a violation by the investor's payment for the cost of work, the contractor has the right to investor a requirement to pay a penalty in the amount of _____ percentage of the cost of payable for each day of delay, but not more than _____ percent of the cost of the work to be paid.

11.3. In the event of a violation by the Customer of the Transfer Term of the Contractor of the Land Section Over _____ Calendar Days, the Contractor has the right to make the Customer's requirement to pay a penalty in the amount of __________________.

11.4. In case of violation by the contractor contractual obligations, the investor has the right to present the requirement to pay a penalty:

For the late ending the construction of the facility due to the Contractor's fault - the requirement to pay a penalty in the amount of _____ percent of the cost of work under the contract for each day of delay, but not more than _____ percent of the cost of work under the contract;

For the late liberation of the land plot from the property belonging to him - the requirement to pay a penalty in the amount of __________ rubles for each day of delay;

For violation of the deadlines for the implementation of certain types of works or surrenders for installation of equipment carried out by specialized organizations on direct contracts with the customer, the requirement to pay a penalty in the amount of _____ percentage of the cost of unfulfilled work for each day of delay, but not more than _____ percent. In the case of providing the contractor to the timely commissioning of the object, the specified penalty is subject to return;

For violation of the timing of elimination of defects in the works and structures provided for by acts of the Parties, and in the case of a contractor's failure to appear - a one-way act - the requirement to pay a penalty in the amount of __________ rubles for each day of delay. In case of late elimination of defects, the contractor has the right to eliminate defects on his own and, in addition, to recover a penalty from him in the amount of _____ percentage of work to eliminate defects.

11.5. In case of violation by the Investor of the Customer's payment of the Customer, the Customer has the right to make a requirement to pay a penalty in the amount of _____ percentage of the cost of payable for work for each day of delay, but no more than _____ percent of the cost of the work to be paid.

11.6. In the event of a violation by the Customer, the deadline for the construction of the facility, the investor has the right to present the Customer's requirement to pay a penalty in the amount of _____ percent of the cost of work under the contract for each day of delay, but not more than _____ on the cost of work under the contract.

11.7. In case of non-fulfillment by the Customer, the Conditions on the targeted use of investment Investor has the right at any time to demand from the customer to return the amount of investment and paying interest due at the rate of ______ percent per annum.

11.8. Payment of fines, penalties and contest, as well as damages, do not exempt the parties from the performance of their obligations in nature.

12. Termination of the contract

12.1. The investor is entitled to demand the early termination of the contract in case:

The Customer and / or Contractor discontinued the action of the certificate of admission to the works provided for by this Agreement;

The customer and / or contractor are recognized financially insolvent;

The customer and / or the contractor systematically violate the terms of the contract (confirmed by no less than 2 (two) relevant bilateral acts).

12.2. The contractor has the right to demand early termination of the contract in case:

12.3. The customer has the right to demand the early termination of the contract in case:

The investor is recognized financially insolvent;

The investor regularly violates the terms of payment under the contract (at least two facts of delay of payments).

12.4. The party who decide to terminate the contract ahead of time, is obliged to send a written notice to the other party.

12.5. In case of early termination of the contract, the Parties constitute an act of mutual settlements, on the basis of which the party with debt is obliged to repay it within ______ working days from the moment of signing the specified act.

13. Resolution disputes

13.1. Controversial issues arising during the implementation of the contract are permitted by the parties through negotiations.

13.2. The complaint procedure for resolving disputes under the contract is mandatory. The term of consideration of the claim _____ (__________) calendar days from the date of receipt.

13.3. If disagreements and disputes cannot be resolved by the parties during ___________ through negotiations, such disagreements and disputes are transferred to the parties to permission to the Arbitration Court ________________.

14. Special conditions

14.1. Any additions and changes to the contract must be performed in writing and signed by the parties.

14.2. The contractor does not have the right to sell or transmit a construction or constructed object (separate part), as well as project documentation for its construction or its separate part of its third party without the written permission of the investor.

The customer and / or the contractor do not have the right to sell or transmit this project documentation or any part of it to third parties without the prior written consent of the investor.

14.3. The damage caused to a third party as a result of the construction of the facility according to the fault of the contractor, investor or customer is compensated by the guilty side. The damage caused to this person for unforeseen reasons is reimbursed by the parties on the parity principle.

14.4. Any agreement between the parties, entailing new circumstances not provided for by the Treaty, is considered valid if it is confirmed by the parties in writing in the form of an additional agreement.

14.5. When implementing the contract, the parties are guided by the norms of the legislation of the Russian Federation.

14.6. The contract is drawn up in three copies that have equal legal force, one for each of the parties.

15. List of documents attached to the contract

15.1. Appendix N 1. Terms of work.

15.2. Appendix N 2. Act on the transfer of land plot for construction.

15.3. Appendix N 3. Graph of Financing Investment Project Investor.

15.4. Appendix N 4. The cost of the work performed by the customer and the procedure for its payment.

15.5. Appendix N 5. The cost of the work performed by the contractor and the procedure for its payment.

Investment contract N ___ for the construction of a residential property (approximate form)

________________ "___" ___________________________________________________________ in the face of ___________________, acting ___ on the basis of _____________, refer to the following "Customer", on the one hand, and ___________________________________________________________________________________, acting ____ on the basis of _______________ , (Position, Full name) I refer to ___ In the future, the investor-developer, on the other hand, together here, "sides", concluded this contract on the following:

1. Definitions

For the purposes of this Contract, the following definitions are applied:

1.1. Investment project - the substantiation of economic feasibility, the volume and timing of the implementation of capital investments, including the necessary project documentation developed in accordance with the legislation of the Russian Federation, as well as a description of practical actions to investment (business plan);

The implementation of the investment project is a set of organizational and technical measures to create (reconstruct) an investment facility using investments of attracted capital (investments) from various sources in the form of engineering surveys, design, preparatory construction (repair), commissioning, works related to the entry of the facility Commissioning, and design property rights.

The description of the investment project is contained in Appendix N 1 to the contract.

1.2. Investment object (object) - contained in the description of the investment project List of residential, mixed buildings, transport and (or) engineering networks and structures, to which the developer investor sends its own and (or) funds in the framework of the investment project.

1.3. Investor-developer - a person endowed with the current legislation to the development of a land plot, which, on its behalf or uniting legal and individuals created on the basis of a simple partnership agreement, sends its own and / or funds raised to implement the investment project.

1.4. The co-investor is a legal or physical person involved in the implementation of the investment project on the terms determined by the contract, in terms of financing an investment project in the amount proportional to the part of the squares that the co-investor would like to receive other things on them.

The right of the co-investor to the property of the object as a result of the implementation of the investment project is confirmed by the relevant contract concluded in compliance with the terms of the contract for the assignment of rights, additional agreements to the contract, the act on the results of the investment project, or the contract of equity in construction concluded in accordance with the requirements of the current legislation .

1.5. Management Document - Act __________________________, which is the basis for the design and construction of an investment facility and other activities provided for by the terms of the Contract.

1.6. Construction site - free land or land with buildings located on it, provided by the investor-developer for rent for the period of construction (reconstruction) of the facility or ownership.

1.7. The total area of \u200b\u200bthe object is the amount of the area of \u200b\u200ball floors (including technical, basement and attic) and integrated-attached premises.

1.8. The total living area of \u200b\u200bthe object is the total living area of \u200b\u200bthe apartments, determined in accordance with the instructions on the accounting of the Housing Fund in the Russian Federation, approved by the authorized executive body of the state authority of the Russian Federation.

1.9. The total non-residential area of \u200b\u200bthe object is the total area of \u200b\u200bnon-residential premises, including: the area is useful, public area (l / cells, platforms, elevators, etc.), the area of \u200b\u200bthe premises of engineering purposes, the area of \u200b\u200bintegrated and attached parking garages, basement rooms , attic, area of \u200b\u200bbuilt-in-attached premises.

1.10. The launcher is a building completed by construction as part of an investment facility and an acceptance of the Acceptance Commission in accordance with design and estimate documentation approved and agreed by the parties in the prescribed manner.

1.11. Account registration is the registration of investment contracts, additional agreements and changes to them, as well as contracts for attracting funds in the construction of housing concluded in the framework of the registered contract in the prescribed manner.

2. Subject of contract

2.1. The subject of the contract is the implementation of the investment project provided for by paragraph 1.1 of this Contract, the construction of an investment facility (a complete list of investment facilities, corresponding to annex No. 1 to the contract) on the land plot ____________ (specify the form of ownership, cadastral number, type of allowed land use) area ____ ha At: ___________________, with an indicative volume of investments at current prices _________ (____________) rubles.

The land plan indicating its borders in the existing development and placement of objects to be constructed is contained in Appendix N 2 to the contract.

2.2. As part of the implementation of the investment project, the developer investor undertakes to make a new construction of an object at the address: ___________________, the size of the total area _________ sq. m, including the total area of \u200b\u200bapartments - ________ square. m, the area of \u200b\u200bintegrated and attached premises - ________ sq. m.

Approximate deadline for commissioning - "__" _______ ______

The deadline for accepting an object - _______________.

The composition of the launch complexes and the deadlines for their commissioning are determined by the Supplementary Agreement of the Parties concluded no later than the monthly period from the date of the approval of the project documentation.

2.3. At the time of conclusion of the contract: the land plot specified in paragraph 2.1 of this contract belongs to the investor-developer on the right lease to _______ (contract from _______ N ______, registered ________________).

3. Property rights of the parties

3.1. The ratio of the property section on the basis of the implementation of the contract is established between the parties in the following proportions:

Customer's share:

- ___% of the total area of \u200b\u200bapartments;

- ___% of the total non-residential area, excluding the area of \u200b\u200bpremises that are inextricably linked to the system of life support objects (stair cells, elevator mines, technical floors, technical, electrical);

100% of engineering communications of power supply, heat supply, water supply and sewage, telephoneization, radio, television and objects of improvement, with the exception of related property owners in an apartment building;

100% of social infrastructure facilities (if their construction is provided for by the contract).

The share of investor-developer:

- ___% of the total area of \u200b\u200bapartments;

- ___% of the total non-residential area, excluding the area of \u200b\u200bpremises that are inextricably linked to the life support systems of the object (staircase cells, elevator mines, technical floors, technical, electrical panels).

The distribution of specific apartments and premises is made by the parties possessing property rights, by signing the preliminary distribution protocol (Appendix N ___), which comes into force from the moment of its accounting registration as an integral part of the contract.

Prior to signing the preliminary distribution protocol, none of the parties to the contract is entitled to give up its property rights to specific premises to third parties.

3.2. Specific property to be transferred to the property of the Customer, an investor-developer and attracted to third parties following the implementation of the contract, is determined on the basis of an act on the results of the investment project.

3.3. Upon completion of the construction of the object, the division of real estate (erected buildings and structures, excluding the right to use the land plot, which will be established and issued after the state registration of the right (share in the right) on the building of each participant) is specified on the explications and technical passports of the BTI, which are manufactured on request Investor-Developer based on the approved project (TEO) and natural measurements of BTI and are coordinated by the parties. The decision made shall be drawn up on the results of the implementation of the investment project (start-up complex) according to the terms of the contract.

3.4. If in the process of implementing the project, the developer investor will provide the exit of the area on the object in the size of large, which is supposed to be a contract, the additional area is distributed in the same relations as the main area (clause 3.1 of this Contract), unless otherwise determined by the Supplementary Agreement It is after the release of the relevant administrative document.

3.5. Registration of the rights of the parties to the property established as a result of the project, provided for in paragraph 3.1 of this Contract, is made in accordance with the procedure established by law after passing the facility and fulfill the parties to the undertaken obligations, taking into account all additional agreements to the contract and applications to it on the basis of an act of implementation results investment project (launch complex).

3.6. By agreement of the parties, the right to the property share (part of the share) of the customer can be redeemed by the investor-developer in the prescribed manner. At the same time, an additional agreement is issued to the contract, which is concluded after the issue of the relevant administrative document.

3.7. In the case of the Customer's decision on the transfer of rights (part of the right) for the property share in the object of third parties, the developer investor has the priority right to buy out these rights and in the order determined by the Customer. In the event of an investor-developer, the decoupling decision at the proposed price during ____ (______) days after receiving a notice of sales conditions in writing the Customer is entitled to dispose of the specified rights at its own discretion.

3.8. Engineering communications, telephony, heat supply, water supply and sewerage, telephony, radio, television and objects and objects of improvement, telephones, radio, television and objects of improvement, with the exception of the property owners in an apartment building, are part of the property share of the customer, and after their acceptance of the Protection Commission, In accordance with the executive documentation, it is subject to the established procedure for serviced by the authorized by the Customer of the Organization, unless otherwise established by the Agreement of the Parties.

The list and accurate description of these objects are determined by the agreement between the customer and the investor-developer, which is an application N ___ to the contract.

4. Terms and content of work steps

4.1. First stage.

4.1.1. Development, coordination and approval in the prescribed manner of project documentation for the object.

4.1.2. Getting permission to build and register it in _______.

Start start - the date of signing of this Contract.

The end of the stage is the date of design permissions.

The duration of the stage is no more than ____ months from the date of signing (entry into force) of the contract.

4.2. Second phase.

Starting stage - date of construction permit.

The end of the stage is the date of registration of the permission to enter the object into operation.

The duration of the stage is no more than ____ months from the date of signing (entry into force) of the contract.

4.3. Third stage.

4.3.1. Completion of calculations and settlement of claims.

4.3.2. Signing the Parties on the results of the implementation of the investment project.

4.3.3. Registration of property rights of the parties under the contract.

Starting stage - date of registration of permission to enter the object into operation.

The end of the stage and the execution of the contract as a whole is the design of property rights of the contracts.

Stage duration - no more than ___________ months after the completion of the second stage.

4.4. In case of non-compliance with the customer of obligations under paragraph 5.1 of this Contract, the implementation time of the stages may vary at the request of the investor-developer, which is issued by an additional agreement to the contract.

5. Responsibilities of Party

5.1. The customer undertakes:

5.1.1. During ____ days from the date of signing the contract to sign the Protocol on the delimitation of the responsibility between the customer and the investor-developer for engineering support of the investment project (Appendix N ___ to the contract).

5.1.2. Take measures aimed at ensuring at the time of entering the object to operate the presence of the necessary power capacities in urban networks to which an object is connected according to the technical conditions issued.

5.1.3. To provide an investor-developer assistance in the implementation of the project on issues included in the competence of the Customer, including to provide training and timely adoption of administrative documents.

5.1.4. Organize in __________ time after signing the act on the results of the investment project implementation of the investment project Registration in the prescribed manner of the ownership of the investor-developer, co-investors and third parties (under the assignment contracts of the right to claim) according to the terms of the contract (in accordance with the property shares of the Parties and the rights of third parties recognized by them ) Subject to the investor-developer of the necessary documents.

5.1.5. In case of attracting co-investors in the implementation of the investment project - to solve in advance with the investor-developer in advance about the further form of property management of an apartment building in accordance with the requirements of the current housing legislation of the Russian Federation.

5.1.6. Ensure control over the presence, timely and right execution by the investor-developer of the necessary guidelines (lease agreements of land plots, examination of project documentation, building permit, insurance of objects and risks of harm to third parties); for the execution of the stages of the implementation of the investment project in accordance with the deadlines established by the contract; For ensuring proper taking into account the turnover of the rights to residential and non-residential premises, inferior to the investor-developer to third parties in reimbursement of funds involved in the construction of the investment facility.

5.2. Investor Developer undertakes:

5.2.1. To ensure that the financing and implementation of the investment project in full, in accordance with their obligations under the contract and the delivery of the Acceptance Commission on the acceptance of the construction of buildings on time, determined by the contract, and with quality in accordance with existing technical standards and regulations.

5.2.2. Ensure in accordance with the established procedure, the contract registration of the contract, additional agreements to the contract and concluded under the contract of contracts for attracting funds to the construction of residential buildings.

5.2.3. In a month from the date of receipt of the construction permit to ensure the insurance of the object in the manner determined by Art. 742 Civil Code of the Russian Federation, and insure the risk of responsibility for causing harm in accordance with Art. 931 Civil Code of the Russian Federation.

5.2.4. To ensure the presentation of the Customer of the report on the works provided for in paragraph 4.1, 4.2 of this Contract in the following dates ____________________________________________________________________________.

5.2.5. After the contract is concluded, ensure the implementation of the conditions for the development and maintenance of the construction site in accordance with the established rules and norms, including ensuring the protection, cleaning of construction sites and the street strips adjacent to them.

5.2.6. Rent payments for the use of land plot in a timely manner and in the prescribed manner.

5.2.7. Provide engineering training of the territory in accordance with the technical conditions and protocol on the distinction of the responsibility of the parties to engineering support (Appendix N ___ to the contract).

5.2.8. Provide laboratory control quality of construction and products by test units (laboratories) certified in the prescribed manner, or under contracts with attracted test centers accredited in accordance with applicable law.

5.2.9. Use for construction products for construction, which has a certificate of conformity of products and services in construction, as well as quality control and services in construction, including quality management, GOST requirements.

5.2.10. During the warranty period, the responsibility for the shortcomings of the structural elements used, construction and other works provided for by project documentation and the retreat from the indicators specified in the project documentation that prevent the normal use and operation of the investment object or its individual elements.

5.2.11. If the investment project of third parties is attracted to the implementation of the investment project, to ensure compliance with the requirements of the current legislation on participation in shared construction (publication of the project declaration, state registration of participation agreements in equity construction, etc.).

5.2.12. In a two-week time, submit complete information on requests for the customer about all concluded agreements regarding the assignment of the right claim for specific apartments as part of the investment facility. In the case of evasion of the investor-developer from providing information, the Customer has the right to recover from the investor-developer to the budget of the corresponding level of penalties in the amount of 0.1% of the size of the property share corresponding to a specific apartment (apartments) specified in the request for each day of delay.

5.2.13. Provide in accordance with the procedure established by law. Registration and registration of the ownership of the participants in the implementation of the investment project for the share of the object (parts) of the object of the object in accordance with the terms of the contract, additional agreements to the contract and contracts of equity participation in the construction concluded in accordance with the requirements of the current legislation.

5.3. Investor Developer has the right:

change investment in cases of changes in project documentation;

terminate the financing of work in the following cases: ________________;

independently enter into contracts with other subjects of investment activities in accordance with the Civil Code of the Russian Federation;

acquire the rights of ownership, use and disposal of the object to the completion of its construction;

at any time, convey on the contract and (or) a state contract (part of their rights) to the implementation of capital investments and their results to individuals and legal entities, government agencies and local authorities in accordance with the legislation of the Russian Federation;

carry out control over the targeted use of investments;

exercise other rights provided for by the Treaty and Laws of the Russian Federation;

if the customer does not fulfill his obligations under the contract, the investor-developer has the right to leave in his own possession of the constructed object (its part);

if the Customer does not fulfill all its obligations within the time limits provided for by this Agreement, which will lead to a delay in the construction of the facility, then the developer's investor has the right to extend the deadline for the completion of work at the corresponding period. In this case, the Parties will adopt all the necessary measures to prevent additional costs;

to make any changes to the scope of work that is needed in its opinion.

6. Guarantees

The developer investor provides the following documents to the customer:

6.1.1. Copies of constituent documents (Charter, Constituent Agreement, Certificate of Registration), certified notarized.

6.1.2. Documents confirming the powers of a person signing a contract to conclude a contract on behalf of the investor-developer.

6.1.3. A statement from the accounting balance on the size of assets and payables at the time of the conclusion of the contract.

6.1.4. The bank's certificate in which the Developer Investor is open.

6.1.5. Copies of insurance contracts in accordance with the conditions provided for by paragraph 5.2.3 of this Contract.

6.1.6. Bank guarantees, guarantees and other documents in ensuring the fulfillment of the obligations of the investor-developer before the contracts and third parties in cases and within the deadlines specified in the contract.

7. Concession of rights and obligations under the contract

7.1. The developer's investor has the right to give up his rights and obligations under the contract to a third party in whole or in part, if it does not contradict the conditions for the lease agreement of the land plot for the construction of the facility, subject to the adoption by the third party the terms of this Contract.

7.2. The concession by the investor-developer of its right under the contract, accompanied by the transfer of his obligations to a third party, is made with the consent of the Customer by issuing an additional agreement between the parties and the new investor-developer, which is an integral part of the contract.

7.3. When issuing an additional agreement specified in paragraph 7.2 of this Contract, the new investor-developer is obliged to submit the documents listed in Article 6 of this Contract.

7.4. Investor-Developer and attracted by him as co-investors of a third party have the right to give up their rights to the share (part) of the established property of the investment facility to third parties, including the rights (rights of claim) for individual apartments to citizens acquiring housing for personal consumption on the basis of bilateral Contracts concluded in compliance with the requirements of the Federal Law of December 30, 2004 N 214-FZ "On participation in the share construction of apartment buildings and other real estate objects and the amendments to some legislative acts of the Russian Federation."

Two-way contracts concluded by the investor-developer with legal entities under the conditions established by paragraph 3 of Art. 1 of the Federal Law of December 30, 2004 N 214-FZ "On participation in the share construction of apartment buildings and other real estate objects and the amendments to some legislative acts of the Russian Federation", come into force from the moment of their accounting.

At the same time, the developer investor brings responsibility for the fulfillment of the investment project funding in full in accordance with paragraph 2.2 and 5.2.1 of the contract in accordance with paragraph 2.2 and 5.2.1 of the Contract.

When concluding bilateral treaties with third parties, providing for the assignment of rights, a declared contract, an investor-developer is obliged to include a reference to the contract and compliance with the contract terms of such contracts.

7.5. The Customer has the right to give up his rights to the share (part) of the established property of the investment facility, taking into account paragraph 3.8 of this Contract, while maintaining responsibility to other parties to the contract for fulfilling the obligations received.

7.6. The customer is not responsible for the investor-developer agreements with third parties. The investor developer is not responsible for the contracts concluded by the customer with third parties.

8. Term of the contract

The contract comes into force from the moment of signing it by all parties and is valid until the parties fulfill their obligations.

9. Change and termination of the contract

9.1. The contract can be changed by agreement of the parties. All changes are made up with additional agreements that are an integral part of this Contract.

9.2. The obligations of the parties under the contract cease:

According to the written agreement of the parties;

On the parties to all obligations under the contract, the completion of the calculations and the design of property relations in accordance with the act on the results of the implementation of the investment project;

With one-sided refusal in cases provided for in this Contract.

9.3. If agreements are not attached to the failure to fulfill the obligations of one of the parties in accordance with the terms of the contract, the parties have the right to demand termination of the contract in the arbitration court.

9.4. In the case of termination of the contract, the Customer for ___ (______________) days has a priority right to decide on redemption at the investor-developer of the results of work produced on the basis of documents confirming the costs of an investor-developer, without the use of inflation and correction coefficients (at the time of termination) .

9.5. In the case of disagreements of the parties to determine the amount of the ransom (the cost of the costs incurred by the investor to implement the project on the work taken on acts of acceptance and transmission), when terminating the contract (clause 9.3, 9.4 of this contract), this dispute is subject to consideration in the Arbitration Court in The procedure established by the legislation of the Russian Federation.

9.6. Reimbursement of the Investor-Developer Costs in accordance with clause 9.4 of this Contract is made by the new investor-developer within a month after concluding a contract with him.

9.7. If the investor-developer after ___ (_______________) months from the moment of signing this Contract will not start the construction of the facility, the Customer has the right to one-sided refusal to fulfill the obligations, injege from the contract on the basis of paragraph 3 of Art. 450 Civil Code of the Russian Federation, with a notice of this investor-developer for ___ (_______________) days.

10. Responsibility of Party

10.1. The parties are responsible for their obligations in accordance with the current legislation of the Russian Federation.

11. Force Major

11.1. The onset of circumstances of force majeure (force majeure): natural disasters, epidemic, flood, etc. Release the parties from responsibility for non-fulfillment or late fulfillment of obligations under the contract.

The party to fulfill the obligations of which impede the circumstances of force majeure, is obliged to notify other parties on the occurrence of such circumstances in ___-day term.

11.2. If the circumstances of the force majeure will last more than six months, any of the parties have the right to refuse to continue the contract without paying fines and / or contest, adopting all possible measures to carry out mutual settlements and a decrease in damage incurred by the other party.

11.3. The obligation to prove the circumstances of force majeure lies on the side that did not fulfill its obligations.

12. Resolution disputes

The parties will make every effort to solve emerging disagreements and disputes related to the execution of this Contract, by negotiation. If disagreements and disputes cannot be resolved by the parties within one month through negotiations, these disputes are resolved by the parties by contacting the arbitration court.

13. Final provisions

13.1. After signing the contract, the parties have the right to appoint their authorized representatives under the contract by defining their competence and notifying each other in writing.

13.2. On all changes in payment and postal details, the parties are obliged to immediately notify each other. Actions performed on old addresses and accounts before receiving notifications about their change are counted in fulfillment of obligations.

13.3. The contract is drawn up in three copies - one for each party and one for the federal registration service authority. All copies are equal to legal force.

13.4. An integral part of the contract is the following applications:

1) description of the investment project;

2) Resolution ___________________ On the construction of an object on the issues of ensuring the conditions for the implementation of the Investment Contract;

3) a land plan for the construction of an investment site, with the designation of its borders and the location of the buildings and structures planned for the construction of buildings and structures;

4) the protocol of the distribution of apartments and other premises between the investor-developer and the customer;

5) protocol distribution of engineering communications of power supply, heat supply, water supply and sewage, telephoneization, radio, television and landscaping facilities created in the framework of the investment project;

6) a protocol on the delimitation of the responsibility of the parties to engineering support of the investment project;

7) a graph of transfer of funds to the equity participation of the investor-developer in the construction and reconstruction of engineering networks and structures on the territory _______________;

8) additional agreements to the contract registered on the title page;

9) Act on the results of the implementation of the investment project.

14. Addresses and bank details of the parties

14.1. Customer: ___________________________________________________________________________________________________ (address and details) 14.2. Investor Developer: ___________________________________________________________________________________________________________________________________________________ (address and details) Signatures of the parties: Customer Investor-Developer _______________ / ______________ / _____________ / ____________ / (signature) (Full name) (signature) (Full name) M. P. MP

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E. Dirkova, General Director of Business Accounting LLC

The company concluded an investment agreement in which he serves as a customer-developer. To understand the features of accounting for such a contract, the accountant needs to be aware of its legal direction. And for this you need to delve into the legal and production nuances ...

A necessary condition for new construction is the presence of a land branch. For this reason, a "key figure" of construction activities is a person who has the right to the land plot intended for this purpose. In the Urban Planning Code, such a person is referred to as the developer. It is the developer that receives a permit for the construction and commissioning of the Object (Article 51 and 55 of the RF) from the authorities or local self-government.

What is an investment contract

A person who finances new construction, refer to the investor. This term is disclosed in the federal law of February 25, 1999 No. 39-FZ "On investment activities in the Russian Federation carried out in the form of capital investments" (hereinafter - Law No. 39-FZ).

The construction of the construction object is performed by the General Contractor. The relationship between these participants in the construction process is made on a contractual basis. At the same time, the contract of construction contract is regulated by paragraph 3 of chapter 37 of the Civil Code, but the agreement between the investor and the developer in the Civil Code is not allocated separately. In addition, there is no in the Code and such concepts as the Investor and Investment.

Civil turnover participants are entitled to conclude an agreement not provided for by law or other legal acts. Then in the concluded agreement allocate elements of "typical" contracts. And then, the rules relating to its individual elements (clause 2 and 3 of Article 421 of the Civil Code of the Russian Federation) apply to the relations of the parties to such a mixed contract. This approach is applied to the interpretation of construction investment agreements (Art. 431 of the Civil Code of the Russian Federation).

A distinctive feature of the investment contract is that after its execution, ownership of the erected real estate is registered directly to the investor.

attention

The conclusion of an investment agreement with an individual for the purchase of an apartment is unacceptable. Such participation qualifies as illegal attraction of funds in equity construction.

Construction participants

The investment contract is essentially governs the attraction of funds to the construction of a facility intended for the investor. But the same purpose is the relationship of another type - shared construction. They are described in detail in the federal law of December 30, 2004 No. 214-FZ "On participation in the share construction of apartment buildings and other real estate objects and on amending some legislative acts of the Russian Federation" (hereinafter - Law No. 214-FZ). We emphasize that this law directly prohibits the involvement of cash of individuals who are not individual entrepreneurs, for the construction of apartment buildings on other grounds, rather than a contract of equity participation in construction (Article 1, paragraph 3 of Art. 2 of Law No. 214-FZ). In addition, according to paragraph 1 of article 2 of the same law, its action does not apply to production facilities.

With a citizen, it is impossible to enter into an investment contract for the purchase of an apartment. This is considered to be illegally involved in cash in equity construction and threatens an administrative penalty: for officials - from 15,000 to 20,000 rubles, for legal entities - from 400,000 to 500,000 rubles. An example is the resolution of the FAS of the North Caucasus District of January 11, 2008 No. F08-8726 / 07-3276A.

In the Town Planning Code, another construction participant is called - the customer. This person, which on the basis of the contract is authorized by the developer to organize construction, technical supervision and monitoring work.

And if the developer combines the functions of the customer, then it is referred to as the customer-developer. This is a composite term, in the legislation, it is not specifically clarified. As a result, it turns out that the customer-developer implements the investment project, being the right holder of the land plot.

The customer-developer licenses lists the following special works:

obtaining and designing the source data for the design of construction objects;
preparation of the design task;
technical support of the project stage;
registration of permits for the construction and reconstruction, control over the deadlines of the issued technical conditions;
ensuring the liberation of the construction site;
organization of management of construction;
technical Supervision.

It is worth noting that recently the question of the abolition of licensing in construction is actively discussed. However, the previous time (July 1, 2008) was canceled again postponed. This time, officials have scheduled cancellation of licenses as of January 1, 2009 (Federal Law of July 22, 2008 No. 148-FZ). They are planned to be replaced by technical regulations that establish mandatory requirements for the construction and operation of buildings.

Elements of the Treaty

The contract price is the cost of the investor's investment project. In practice of capital construction, a consolidated estimated calculation is applied to its rationale, which becomes an integral part of the investment contract. This planned document is the basis for the reporting of the Customer-Developer on the targeted expenditure of the funds received.

The consolidated estimate calculation of the cost to the project for the construction of the building is in accordance with the recommendations of the methodology for determining the cost of construction products in the Russian Federation of MDS 81-35.2004, approved by the Resolution of the Russian State Building of March 5, 2004 No. 15/1.

One of the parties to the investment contract acts as an investor, and the other is the developer or customer-developer. We analyze contractual relations with the customer-developer. If you proceed from the traditional composition of the duties of the customer-developer, then two components can be distinguished in the contract.

First, the customer-developer acts as an intermediary between an investor and persons participating in construction. So, by concluding an agreement with the general contractor on its own behalf, the customer-developer operates at the expense of the investor and in his interests. At the same time, the ownership of the result of construction work to the customer-developer does not pass. The result he conveys an investor to receive agency remuneration for his services (paragraph 1 of Art. 1005 of the Civil Code of the Russian Federation).

The second integral component of the Customer-Developer's activities is engineering control and construction supervision. This is also a service, but completely different properties: it is provided for in Article 749 of the Civil Code.

Although in the customer-developer services, we allocated two components, this does not mean that the contract needs to establish separate remuneration for the provision of each of them. The cost of services, as a rule, is determined by the total amount. It was important to clarify the legal nature of the legal relations of the Parties to the Investment Treaty. This is necessary for the organization of accounting and tax accounting.

The funds of the investor, which he provides at the disposal of the customer-developer, is customary to be called targeted financing. The grounds for the use of this term give Articles 6 and 7 of Law No. 39-FZ. Of these norms, the investor rights flow to control the targeted use of funds and the obligations of the customer-developer to use the investor's funds for the intended purpose.

Customer-Developer Accounting Principles

In the accounting of the Customer-Developer to reflect the obligations to the investor, which arises due to the financing obtained, applies the one-aforementioned account of 86 "target financing". But the incoming money is intended for spending on two principal areas:

to pay for the customer-developer services;
on financing contracting organizations.

In the aggregate, these amounts form the price of the contract, but only the first fall under taxation. After all, ultimately, they form a revenue of the customer-developer, which is subject to VAT and income tax.

And the "transit" means for calculations with the contractors from the customer-developer are not taxed. This approach is not only characteristic of agency activities, but also directly provided for by tax legislation.

The transmission of the investor completed by the construction of the facility is not considered to be implemented and is not recognized as an inclusion of VAT taxation (sub. 1 of paragraph 2 of Art. 146 of the Tax Code of the Russian Federation). Accordingly, the funds distributed by the customer-developer among contractors are not connected with the implementation. Therefore, the customer-developer VAT does not charge on them (sub. 2, paragraph 1 of Art. 162 of the Tax Code of the Russian Federation). And on income tax in determining the tax base does not participate in the means of targeted investors accumulated on the accounts of the developer (sub. 14, paragraph 1 of Art. 251, paragraph 17 of Art. 279 of the Tax Code of the Russian Federation). Nevertheless, the above rules do not exempt the remuneration of the customer-developer from taxation.

As a result, it is recommended to reflect only amounts intended for construction contractors. And the receipt of money for the content of the customer-developer should be reflected in correspondence with the account 62 "Calculations with buyers and customers." In the balance sheet, targeted funding facilities include long-term or short-term liabilities - depending on the period remaining until the investment project.

attention

Recently amendments Licensing in construction activities extended until January 1, 2009.

Contractual conditions

Upon completion of the contract, the Customer-Developer may form the balance of investor funds increased on contractors, that is, the savings. This must be notified by the investor. The "fate" of saving the part of the contract is determined by agreement. Possible solutions - from the return of saved funds to the investor before the transition of all savings to the customer-developer.

In the first case, the reward of the customer-developer will be installed in a solid amount.

And on the second scenario, the final amount of remuneration will be known only after the end of construction. This option does not inspire the tax authorities, although the Ministry of Finance of Russia is recognized in the letter dated August 7, 2007 No. 03-03-06 / 1/544. After all, then the customer-developer does not pay taxes throughout the construction. And if the company does not have other sources of income, then until the transfer of the facility to the Investor to the accountant to be given a "unprofitable" income tax declaration.

If the cost of the customer-developer's remuneration is determined by the contract, then the question arises in the accountant: at what point to recognize the revenue from the provision of services? For accounting purposes, this issue is solved on the basis of the contract. It can accommodate a periodic acceptance of services (monthly, phased, etc.) or recognition of services for the investment project as a whole. In the latter case, the accounting is formed. Note that the procedure for recognizing the revenue of the customer-developer does not entail any significant civil law consequences for the Parties to the Treaty.

But in tax accounting under a contract coming to two or more tax periods, income must be distributed taking into account the principle of uniform recognition of income and expenses (paragraph 2 of Art. 271 of the Tax Code of the Russian Federation). According to paragraph 2 of Article 318 of the Tax Code, taxpayers that provide services are entitled not to form remnants of incomplete production. The procedure for the formation of the tax base is established in accounting policies.