The peculiarity of framework agreements is that they are aimed at declaring cooperation between entities with the definition of general provisions that have a long-term perspective, while eliminating possible inconsistencies. Agreements of this type allow setting tasks that require a lot of time to solve. For example, they can formulate a list of responsibilities that will be carried out over many years (launching a start-up, introducing new technology, renovating production, qualitatively changing the properties of a product, etc.).
The parties use the framework agreement in:
areas of government orders for the development of design documentation;
logistics in organizing the transportation of goods or passengers. Formation of new routes, branching of the existing transport network, etc.;
provider activities. For example, the organization of trade and purchasing (including large-scale wholesale) operations;
banking. In most cases, when applying for job seekers data package loans. For example, signing an agreement on the terms of the loan, on concluding repo transactions, etc.
Objectives of the framework agreement
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There are other areas in which framework agreements are used, not mentioned in the examples above.
A preliminary agreement may be useful if:
the prospects for the project's implementation are not entirely clear. The terms of the deal are unknown and are planned to be agreed upon after a certain period of time;
there are already some conditions that can be met, and they have a small probability of changing in the future. Therefore, they can be fixed directly at this moment in a document.
If the counterparties intend to formalize an agreement for each of the transactions stipulated in the framework agreement without preconditions, then they will not need to conduct second consultations and approvals.
Examples of a framework agreement
Let us give specific examples of the execution of a framework agreement. When drawing up a preliminary agreement on opening a credit line, financial institutions take into account the probability of clients receiving funds within the agreed limit. Therefore, depending on the size of these tranches, the rate at which the loan is provided is set.
The FAS of the West Siberian District believes, not without reason, that in the case under consideration there was no unilateral violation expressed in a change in the loan rate.
There was a completely legitimate desire to take into account the additional benefit of the counterparty, since in accordance with the terms of the agreement for a certain period of its validity, initially all applicable rates had been agreed upon, recorded in the framework agreement (resolutions of the FAS West Siberian District of July 5, 2011 in case No. A45-19196/2010 (by the determination of the Supreme Arbitration Court of the Russian Federation of October 20, 2011 No. VAS-13309/11, the transfer of the case to the Presidium of the Supreme Arbitration Court of the Russian Federation for review by way of supervision), dated June 30, 2011 in case No. A03-4664/2009 (by the determination of the Supreme Arbitration Court of the Russian Federation of September 9, 2011 No. VAS-11621/11, the transfer of the case to the Presidium