Montana accounting independent contractor agreement template

Montana Accounting Independent Contractor Agreement

This Montana Accounting Independent Contractor Agreement (the "Agreement") is made and entered into as of [Date] by and between:

• [Client Legal Name], located at [Client Address], hereinafter referred to as "Client," and
• [Independent Contractor Legal Name], located at [Independent Contractor Address], hereinafter referred to as "Contractor."

WHEREAS, Client desires to engage Contractor to provide certain accounting services; and

WHEREAS, Contractor desires to provide such services to Client as an independent contractor.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Services

• Contractor agrees to provide the following accounting services to Client:
  • Option A: General ledger management
  • Option B: Financial statement preparation
  • Option C: Periodic and year-end closing
  • Option D: Accounting system design or maintenance
  • Option E: Forensic accounting
  • Option F: Montana state and federal tax preparation and filings (including Montana Corporate/Individual Income Tax and other applicable state-specific returns)
  • Option G: Compliance and consulting services related to Montana business entity reporting requirements
  • Option H: Payroll processing and withholding compliance in accordance with Montana and federal law
  • Option I: Audits and reviews
  • Option J: Special projects: [Description of Special Projects]
• Service standards: Services shall be performed in a professional and workmanlike manner consistent with industry standards in Montana.
• Deliverables: [Description of Deliverables]
• Submission deadlines: [Description of Submission Deadlines]
• Milestones: [Description of Milestones]
• Reporting frequency: [Description of Reporting Frequency]
• Required documentation protocols: [Description of Required Documentation Protocols]

2. Place of Service

• Option A: Services shall be performed remotely.
• Option B: Services shall be performed at Contractor’s premises.
• Option C: Services shall be performed at [Client Location], a designated client site within Montana.
• Access to Client systems: [Description of Access to Client Systems]
• Data security standards: Contractor shall adhere to data security standards in line with Montana privacy regulations.
• Management of physical and digital records: Contractor shall manage physical and digital records in accordance with Montana's legal retention requirements.

3. Compensation

• Option A: Hourly rate of [Dollar Amount] per hour.
• Option B: Fixed fee of [Dollar Amount] for the entire project.
• Option C: Retainer fee of [Dollar Amount] per [Time Period].
• Option D: Milestone-based payments as follows: [Description of Milestones and Payments].
• Estimated hours or units: [Description of Estimated Hours or Units]
• Payment schedule: [Description of Payment Schedule]
• Acceptable payment methods: [Description of Acceptable Payment Methods]
• Invoicing procedures: Contractor shall submit invoices to Client at [Invoice Submission Frequency]. Invoices shall include:
  • Contractor’s name and address
  • Invoice date
  • Invoice number
  • Description of services performed
  • Hours worked (if applicable)
  • Rate
  • Total amount due
  • Payment terms
• Montana state taxes: Contractor is responsible for all applicable Montana state income tax, self-employment tax under Montana law, and any local business taxes.
• Late payment fees: A late payment fee of [Percentage]% per month will be charged on overdue amounts.
• Reimbursement of expenses: Client shall reimburse Contractor for reasonable and necessary expenses, pre-approved in writing, with Montana-specific documentation standards.

4. Independent Contractor Status

• Contractor is an independent contractor and not an employee of Client. This Agreement does not create an employer-employee relationship between the parties. Contractor acknowledges that they meet Montana’s multi-factor test for independent contractors as determined by the Montana Department of Labor & Industry.
• Option A: Contractor holds an active Montana Independent Contractor Exemption Certificate (ICEC). ICEC number: [ICEC Number].
• Option B: Contractor is not required to hold an active Montana Independent Contractor Exemption Certificate (ICEC) because [Reason for Not Requiring ICEC].
• Contractor is responsible for handling their own federal and Montana state tax obligations, workers’ compensation exemption documentation, health insurance, and business licensing (if required by local ordinance).
• Contractor is not entitled to any benefits provided by Client to its employees.

5. Intellectual Property and Data Ownership

• All work product, reports, and supporting documentation created by Contractor for Client pursuant to this Agreement shall become the property of Client upon payment.
• Contractor shall ensure secure data handling during and after the term of this Agreement.
• Contractor shall comply with strict confidentiality and privacy standards referencing Montana data protection laws, specifically section(s) of the Montana Code relevant to professional secrecy and client information.
• Contractor consents to required disclosures during regulatory investigations or audits by the Montana Board of Public Accountants.

6. Confidentiality

Contractor shall maintain the confidentiality of all Client information and shall not disclose such information to any third party without Client’s prior written consent, except as required by law or court order. This includes compliance with Montana’s confidentiality statutes relevant to accountants.

7. Liability and Indemnification

• Contractor shall maintain professional liability insurance valid in Montana. Proof of insurance shall be provided to Client upon request.
• Contractor shall be responsible for damages resulting from their breach of this Agreement, late work, regulatory non-compliance, or data loss, subject to the limits of liability as permitted by Montana law.
• Contractor shall indemnify and hold Client harmless from any claims, losses, or liabilities arising from Contractor’s negligence or willful misconduct.

8. Recordkeeping, Retention, and Audit Rights

• Contractor shall maintain accurate and complete records of all work performed under this Agreement in line with Montana state and Montana Board of Public Accountants rules.
• Upon termination of this Agreement, Contractor shall promptly return all Client records to Client.
• Client shall have the right to audit Contractor’s records relating to the services provided under this Agreement.
• Contractor shall cooperate in the event of state investigations or audits.

9. Conflict of Interest

Contractor shall disclose all client relationships to Client and recuse themselves from providing services where a conflict of interest exists, especially if Montana state agencies or regulated entities are involved.

10. Subcontracting

Contractor shall not subcontract any of the services to be performed under this Agreement without Client’s prior written consent. Any subcontracts must meet Montana accounting laws and professional standards.

11. Termination

• This Agreement may be terminated:
  • Option A: Upon expiration of the term.
  • Option B: By mutual written agreement of the parties.
  • Option C: By either party for breach of this Agreement, including breach of specific Montana statutes or professional rules, upon [Number] days’ written notice.
• Upon termination, Contractor shall deliver all work product to Client and Client shall pay Contractor for all services performed up to the date of termination. All Client property must be returned.

12. Non-Solicitation and Non-Competition

Contractor agrees not to solicit Client’s employees or customers for a period of [Number] months following termination of this Agreement, within [Geographic Area] in Montana, only to the extent enforceable under Montana law. This clause is specific to Montana’s statutes on restrictive covenants and professional services.

13. Governing Law and Dispute Resolution

• This Agreement shall be governed by and construed in accordance with the laws of the State of Montana.
• The jurisdiction and venue for any dispute arising out of this Agreement shall be [County Name] County, Montana.
• The parties shall attempt to resolve any disputes through negotiation and mediation before resorting to litigation or arbitration.

14. Compliance

Contractor shall comply with all applicable Montana, federal, and professional accounting standards (including CPAs’ continuing education duties, if applicable, under Montana Board of Public Accountants rules), ethical obligations, anti-fraud and anti-money laundering requirements, and any specific statutes governing records and reporting for accountants in Montana.

15. Miscellaneous

• This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.
• This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Execution by electronic means is permitted under Montana’s Uniform Electronic Transactions Act.
• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• No modification or amendment of this Agreement shall be valid unless in writing and signed by both parties.
• Access to required Montana notices or disclosures under state regulator or licensure board rules is acknowledged.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Client Legal Name]

By: [Client Authorized Signature]

Name: [Client Printed Name]

Title: [Client Title]

[Independent Contractor Legal Name]

By: [Contractor Signature]

Name: [Contractor Printed Name]