Instructions: preparing an agreement to extend the contract

Causes

It’s worth saying right away that an extension is only possible if the document initially implies a long-term relationship. Let us note a number of situations that involve prolongation of the document:

• Property rental. One of the most common situations in practice. An additional agreement is drawn up between the tenant and the landlord.
• Credit. In a situation where a citizen has not calculated his solvency, the question of obligations to the bank arises. When a financial institution agrees to a meeting, it extends the loan term by concluding an additional agreement.
• Supply. Extension of the contract is possible if the buyer independently forms applications and determines the range of goods. An important condition will be the preparation of the document or its extension for a long period.
• Contract. In this case, one of the parties undertakes to perform a certain amount of work. The deadline is clearly stated. A penalty is paid for each day of delay. It is at this moment that additional information is drawn up. contract extension agreement.

It is impossible to extend the agreement of exchange or gift. Additional agreements apply not only in the field of financial relations, but also in a number of others. For example, a fixed-term employment contract. Its validity period is up to 5 years. It may end at a certain point - the end of the season, leaving maternity leave, etc.

Sample

There are no clear rules for prolonging financial or other relationships. The parties can use their own sample or seek help from online sources. Many years of practice in drafting contracts have made some adjustments.

In order to correctly draw up and clearly express the meaning of the additional agreement, the following is required in 2021:

1. The name must contain the number, title, and place of signing of the main agreement.
2. Indicate the date and place of signing of the additional agreement. If there are several of them, then the number is also indicated.
3. Next, the name of the organizations, the position of authorized persons, and their full names . If necessary, a reference is made to the certificate or charter, which confirms the right of the parties to draw up an extension agreement.
4. The text of the document indicates the new period for which the contract is extended. It is mandatory to indicate that the remaining points remain unchanged. The letter is drawn up in 2 copies. You can additionally indicate this fact.
5. The additional agreement and extension are signed by authorized persons. Decryption of signatures is required. For legal entities and individual entrepreneurs, it is desirable to have an organization seal.

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The document must be drawn up in writing. Electronic storage is permitted. If the extension relates to the real estate sector (rent, etc.), then the registration of the additional agreement is carried out in the same organization as the main agreement.

For example, Rosreestr. If the main agreement was certified by a notary, then amendments to it are also checked by a lawyer.

What to include in an additional agreement

There is no unified form for additional agreement. When drawing it up, the original form of the contract is taken into account: the parties agree on a deferment for individuals or legal entities in the same format in which they drew up the original contract. If in writing, then prepare a written additional agreement. If the contract was certified by a notary, then the additional agreement must also be notarized.

Instructions on how to draw up an additional agreement on deferred or installment payment:

1. Title the document, assign it basic details - number and date.
2. Refer to the original contract and provide its details.
3. Indicate the parties - buyer and seller, supplier (contractor, performer) and customer. Enter the full name and position of the responsible persons and supporting documents.
4. Determine new terms and conditions of payment. If necessary, draw up a payment schedule for the contract with deferred payment and attach it to the additional agreement.
5. State that the remaining conditions remain unchanged, or indicate other provisions that are subject to adjustment.

Representatives of counterparties sign a new agreement and put stamps if the organizations use them in their work. The number of copies depends on the number of participants in the transaction.

IMPORTANT!

Deferred or installment payment is not always defined as a commercial loan (clause 4 of Article 488 of the Civil Code of the Russian Federation). But if, according to the terms of the original contract, such an extension provides for the payment of interest, this should be separately stated in the additional agreement.

ConsultantPlus experts looked at how organizations can get a deferment or installment plan for paying taxes and insurance premiums. Use these instructions for free.

Extension of the lease agreement

The law provides for the conclusion of a contract for compulsory rental housing for a period of more than a year. To avoid taxes, landlords usually rent the property for 11 months. The agreement is also drawn up for a specified period. Of course, if money is transferred from hand to hand, you can do without documents.

But this significantly increases the chances of fraud or damage to property.

After 11 months, the question arises: should I draw up a new document or renew the old one? In practice, both methods are used. One of the parties may not fulfill its obligations after the contract is renewed. Such a development of events is quite possible.

But, based on judicial practice, it is almost impossible for the non-executive party to justify its position. Therefore, if there are no additional conditions for the lease, you can simply draw up an additional agreement for extension.

Let us note one fundamental point. The agreement contains information only on the lease terms. It is impossible to include changes in rent, rules for handling property, etc. in one document. You can draw up several additional agreements, but it is much easier and more correct to draw up a completely new document.

You can include automatic renewal in your real estate contract. Also write down its conditions. For example, if the tenants do not lead an asocial lifestyle and have kept the property intact, then the contract is automatically extended for the same or another period specified in advance.

IMPORTANT! An additional agreement cannot be drawn up after termination of the contract. If the document has expired by at least a day, then a new legal relationship is formed.

Expert opinion

Orlov Igor Severinovich

Practicing lawyer with 7 years of experience. Specialization: criminal law. Law teacher.

Is it possible to renew the additional agreement automatically? Yes, it is quite. These include water supply or travel insurance contracts.

Ultimately, any change in documents requires additional agreements. The document is drawn up with the voluntary consent of all parties to the transaction. In fact, it is drawn up in the same way as the main contract, although it does not have a strict composition. Any adjustments not specified in the additional agreement are made through the court.

Legal basis

According to all legal norms, contracts are divided into two types according to their duration:

• is issued on a specific date, the fact must be written down in the document.
• is issued for a certain period after signing, for example, one year.

Oddly enough, the validity period is not a mandatory condition when drawing up a contract, except in some cases.

ATTENTION! If a clause with a term is not specified, this also applies to the additional agreement, then by default it is considered that it will terminate upon completion of the obligations of the parties.

Ultimately, citizens or companies have two options for the development of events:

1. make additional an agreement to extend a contract is a convenient measure when the terms of the document remain unchanged.
2. draw up a new agreement - used when the conditions change radically, or any clauses do not suit one of the parties.

Contract extension 2021

Content

Extension of a contract implies the extension of a contract that was concluded in accordance with current legislation.

Currently, the procedure for changing the duration of a contract is quite popular and is very often used by the parties between whom the contract was concluded. It does not contain a definition of such a term as prolongation of the Civil Code of the Russian Federation.

But still, it indicates the dates when the beginning and end of the fulfillment of contractual obligations occurs and all required deliveries of goods are completed and work is carried out.

In order to extend the validity of the contract, there are two ways to do this:

• The first will be the conclusion of an additional agreement between the parties to the contract;
• Indication in the contract itself of the extension action

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In any case, you will need to indicate the period for which the contract is planned to be extended in the future.

3. Contract extension agreement

If the case concerns entrepreneurial activity, then the procedure for terminating the contract in court is mandatory as soon as the stage of resolving the dispute occurs. And this leads to time and money costs.

This type of document may also be applicable if there are long-term legal relations between the parties to the contract.

The procedure for drawing up an agreement to extend the duration of the obligation is quite simple. The parties between whom the main contract was concluded can note the extension of this agreement, set a new term, or make amendments to a certain clause of the contract, making changes only to its wording.

Additional agreement on contract extension download

Extension of the term under the loan agreement

Borrowers often face financial difficulties and are unable to fulfill their obligations on time. The issue can be resolved by concluding an agreement to extend the payment terms under the contract if the creditor agrees.

If the lender is ready to extend the term for the borrower to fulfill its obligations, then the situation is resolved positively for both parties. If the lender refuses, the borrower faces legal proceedings.

Options for a positive decision by the creditor:

• review of the monthly payment schedule;
• increase in the amount of debt;
• deferment of the final repayment date;
• increase in interest paid on the loan.

In most cases, the loan repayment terms are adjusted.

Is it possible to extend a fixed-term employment contract and in what cases?

The norms of domestic legislation establish that when concluding an agreement, it must be signed without indicating the validity period. To issue a document with a limited validity period, special circumstances must exist.

The conditions for terminating legal relations and extending the term of an employment contract are indicated in the articles of the Labor Code of the Russian Federation and in the local charter of the company where the citizen is employed.

1. Rules for extending a fixed-term employment contract
2. Reasons for extension
3. Differences between urgent and unlimited
4. In what cases can the contract not be extended?
5. How long can it be extended?
6. Procedure for registration of extension
7. Additional agreement
8. Sample
9. Order to extend the employment contract
10. Sample order

Rules for extending a fixed-term employment contract

It does not matter how this document was originally concluded: for a certain period or indefinitely. In any case, the applicant is guaranteed to receive the full scope of rights provided for permanent employees.

In turn, the candidate is obliged to fully fulfill the duties entrusted to him. Depending on the performance results and the procedure for fulfilling functional obligations, participants may decide to extend the employment contract.

ATTENTION! The renewal procedure is carried out no later than the moment the current document ceases to have legal force. Otherwise, if you want to continue cooperation, you will have to sign a new agreement.

Reasons for extension

If the participants decide to continue cooperation, they will have to sign an additional agreement to extend the contract. The contents of the document include a mention of the period for which the employment relationship is extended.

The need to continue arises in the following cases:

• completion of the started amount of work, which cannot be completed without the participation of the employee;
• mutual desire of the worker and employer to extend cooperation for an indefinite period;
• when replacing a temporarily absent employee who has not yet taken up his duties;
• if the position was filled by competition and provided for urgent work with a possible extension (athletes, teachers, educators).

IMPORTANT! Regardless of the employer's wishes, the activity cannot be terminated if at the time of termination of the contract the employee announced her pregnancy.

Differences between urgent and unlimited

Expert opinion

Orlov Igor Severinovich

Practicing lawyer with 7 years of experience. Specialization: criminal law. Law teacher.

The law establishes the concept of fixed-term and unlimited-term labor. They have common and distinctive features that affect the procedure and conditions for formalizing legal relations.

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Characteristics of work activity by deadline:

In what cases can the contract not be extended?

When signing a fixed-term contract, the participants stipulate mutual rights and obligations, as well as the possibility of further changing the duration of the obligations. If, upon expiration of the document, no reasons have been established for its extension, then the employee’s work is terminated.

In this case, participants can do one of the following:

• signing a new contract (indefinite);
• introduction by the employer of amendments to the charter in order to change the conditions for attracting temporary employees to activities.

The absence of a permanent employee whose position is occupied by a temporary worker is not always a sufficient reason to continue working with a temporary worker. Therefore, the parties need to be guided by mutual agreement, as well as the influence of legal relations on the success of the production process.

How long can it be extended?

After completion of work, its extension is possible:

1. For a certain period. It may be the same as that specified in the preliminary agreements, but it is also possible to choose a different duration, described by a specific date on the calendar or the completion of a certain amount of work.
2. Indefinitely. The new text must indicate that legal relations do not have a limited duration. If there is no information about the terms, then it will be conditionally considered unlimited.

If a woman goes on maternity leave, then it will not be possible to terminate the contract with her. The employee’s obligation to retain her job is fixed until the day the maternity leave ends (until the child reaches three years of age).

How to renew an expired contract?

The situation does not always work out as we would like; there are also cases that can only be resolved by contacting a knowledgeable person who will help you understand the situation according to the letter of the law. Such a person must undoubtedly have legal knowledge and be a practicing specialist.

The situation does not always work out as we would like; there are also cases that can only be resolved by contacting a knowledgeable person who will help you understand the situation according to the letter of the law. Such a person must undoubtedly have legal knowledge and be a practicing specialist.

Consider a practical example of the following situation: the contract has expired, and the obligations have not been fulfilled in full (or not at all). What to do in this case? The answer is simple - you need to create an additional one. agreement to this agreement. With the help of such an agreement, you can specify all the nuances: set deadlines, clarify details. There is only one goal in this situation - to extend the contractual relationship. Sometimes prolongation (extension) occurs automatically, naturally, within the framework of the law. A significant condition when signing such an agreement is adherence to deadlines. In some cases the condition:

• Essential. • Mandatory (as in contract agreements), in others (purchase and sale agreements) there are no time restrictions.

During the “work” of the contract, its participants are bound by obligations to each other, since the interval of interaction between the cooperating parties to the contract operates within the framework of the same contract.

You can’t do this without setting a time frame, especially if people are collaborating for the first time, you need to “get used to” each other. In this case, the parties to the contract have a chance to test the contractual relationship over a certain period of time. If suddenly the parties do not find a common language, then when the contract comes to an end, they will terminate the business relationship (possibly earlier - by agreement). If the cooperation was fruitful, then it is advisable to sign a new agreement or extend the old one.

In practice, participants in contractual relations forget to take the necessary measures before the end of the agreement. Often such embarrassments occur when there are many similar agreements and they are simply forgotten. An expired contract can be extended in several ways:

1. New agreements can be concluded. Such a turn could radically change the course of things. If the contract expires immediately, it can be re-signed (a new contract drawn up), its terms can be left as they are, or new ones can be added (as the parties wish). When the existing agreement comes to an end and a new one begins to operate, it will be the one that regulates the relationship between the parties.

The law or agreement may stipulate that upon completion of the “work” of the agreement, the obligations of the participants under the agreement also expire. According to paragraph 3 of Art. 425 of the Civil Code of the Russian Federation, if such a clause is absent (specified in the agreement), then it will be valid until the moment specified in it for the termination of all agreements by the parties. For example, according to Art. 367 of the Civil Code of the Russian Federation, with the expiration of the contract, the guarantee obligations will also no longer be valid.

2. It is advisable to conclude an additional agreement. agreement to an existing contract. It can prevent the case where the expiration of the validity period leads to the termination of certain contractual circumstances. Add. the agreement is practically equivalent to a prolongation. In practice, it is clear that the parties to the agreement are satisfied with its terms and do not plan any changes. In this case, you can easily extend the validity period by signing an additional agreement. agreement to an existing agreement between them.

The conditions can be left unchanged, or some adjustments can be made without changing the structure. Additional conclusion agreements to extend the “working” time of the contract according to legal is equivalent to automatic renewal. There is a difference: you need to create an additional one. document and sign it. It also happens that before signing the agreement, the participants went through nothing more than a procedure for corporate approval of the agreements as a significant transaction with the benefit of the management bodies, for example, of the company (board of directors). Signing additional agreement will create the need to implement the appropriate procedure, because the previously agreed agreement will be extended. If from the very beginning the contract was signed with the condition of automatic renewal, and it was approved during corporate procedures, then it does not need to be approved subsequently. If the participants change the terms of the agreements concluded in advance, then they have the right to do without signing additional agreements. renewal agreements.

3. Extension by law. There are agreements that continue to operate on their own (according to the law). An automatic action occurs (according to the law): in the absence of an application from one of the subjects of the relationship to terminate the agreement on the management of an apartment building. At the end of the time, the contract will be automatically extended with the same conditions (in accordance with clause 6 of Article 162 of the RF Housing Code), and the extension period will remain the same. And there are many such examples.

The automatic extension of the contract frees (by law) the parties to the transaction from the advisability of both concluding new agreements and concluding additional ones. agreements on the extension of cooperation in the event that a previously signed agreement is terminated also eliminates the need to include in the agreement a clause on self-extension upon expiration of the agreement. Thanks to the extension of the relationship between the parties to the contract, the relationship between the people participating in the contract is improved, who may lose sight of the moment when it is necessary to make an extension when the validity period expires.

4. Automatic extension (by agreement of the parties to the contract). It is allowed to include such a clause in a document (agreement). If the law does not have an article on the automatic extension of contractual relations, then a similar condition can be added (by agreement). The parties have the right, with a reservation, if the law for this agreement does not have a deadline.

Let's consider this example: in dog. the lease of a forest plot says that the lease period is from 10-49 years, according to clause 3 of Art. 72 of the Forest Code of the Russian Federation. The condition for automatic renewal of agreements can be drawn up in a manner specified in the law. The number of extensions has no restrictions. According to Art. 310 and clause 3 450 of the Civil Code of the Russian Federation, the parties can agree that any party to the agreement (even one) can cancel their obligations under the agreement ahead of schedule, without waiting for the expiration of the agreement. In case of early termination, you need to notify the counterparty in person (take a signature from him), or by letter (with an appropriate attachment) or in another way, but you must have evidence that the counterparty knows about the unwillingness to cooperate. The retroactive effect of contractual relations does not affect the moment of its signing and the duration of its validity.

In addition to extending the validity period of the agreement, the participants can extend the validity of the agreements to their business relationships that were formed even before the conclusion of the agreement, in accordance with clause 2 of Art. 425 of the Civil Code of the Russian Federation. This procedure is perfect if business relations between the participants have already developed, but for some reason the agreement was not drawn up.

Important: if the contract contains a clause on retroactive action, then its existence does not affect the determination of the time from which it will be considered signed and the “work” time remains unchanged.

Procedure for registration of extension

The algorithm for increasing the period involves performing the following steps:

• the emergence of grounds for prolongation;
• recording the mutual consent of the participants to change the duration of work (receiving the employee’s application);
• Preparation;
• signing by participants;
• preparation of an order to extend the employment contract (according to the universal model).

The continuation of the employment relationship must be recorded by signing a new document - an additional agreement to the current contract.

Additional agreement

The legislation establishes the following requirements for additional agreements:

• prepared in writing;
• attached to the main document;
• the terms for which the activity is extended, as well as the reasons for such a decision are indicated;
• display of basic details (signatures of participants and company seal).

After signing, the document is transferred to the personnel department for storage, as well as to the accounting department to continue payroll.