21. Dezember 2020
However, an oral agreement should not be retained in court if the client requests a formal written agreement for the conclusion of the contract. In this case, the drafting and signing of a written agreement is necessary to make the agreement legally binding under the DBL Act. Finding a customer or business before accepting a contract is a decisive step, as it can help you be aware of difficult customers. Even if the project is well paid or you probably earn a lot of commitment in your work, it is important to ask yourself if it is worth being angry about. In order to help accountants deal with their risks of professional liability, the following are, which should be addressed and incorporated into a well-developed commitment agreement, in order to put an end to customer confusion and avoid any misunderstandings that could lead to claims. Three things have to happen to enter into a legally binding contract: the supplier has to make an offer, the potential customer has to accept it and each party has to agree to give up something. It is customary for potential clients not to provide the necessary documents to the accountant in a timely manner to prepare and file a tax return or to perform another service. The agreement can correct this problem correctly if the required registrations are not provided on time by the customer. There may also be confusion as to whether the accountant provides tax planning advice beyond preparing a tax return and who is responsible for filing a tax return. An agreement on engagement can address these responsibilities and avoid such problems.
The small business may ask the customer to indicate its acceptance orally or in writing (both are enforceable). The company can also respond in writing, although the completion of the work, or even the completion of it, indicate to a large extent an acceptance. Accountants can minimize their risks by communicating regularly with clients. Regular communication can help strengthen the relationship between the accountant and the client and help the accountant know if the client`s needs have changed from the previous year. By using well-developed commitment agreements, accountants can manage risks and avoid misunderstandings and confusions that can lead to costly liability claims. Another thing you should consider before you take on a new task is whether the services you provide are clear in the contract. It is important to make it as specific as possible, from project bricks to the requirements to achieve them. If you plan to add other tasks to the contract without adjusting them, a vague description of your services is the best option. However, a special description allows you to charge for additional work that is not originally mentioned in the contract. Since you are a contractor and not an employee, you probably think you can terminate a contract if you want to without any problems. However, this is not the case as your agreement may detail a number of commitments, including notice.
So before you accept a gig, make sure that the contract gives you the right to terminate after a short notice – if you want to move on to other projects, the last thing you want is to get stuck on a long notice, so be sure to negotiate in advance. With respect to the latter point, where management imposes limiting the scope of the work of the statutory auditor as part of a proposed audit undertaking, the statutory auditor should reject the audit undertaking if the restriction could lead to the legal auditor being required to reject the closing notice.