). At the same time, the creditor, taking such an execution, is obliged at the request of the debtor to give him a receipt in obtaining fulfillment completely or in the corresponding part (paragraph 2 of Art. 408 of the Civil Code of the Russian Federation). On the other hand, for example, in confirmation of the advanced advances from the buyer, the supplier obliged to deliver the goods after its payment, it may provide a receipt that certifies the transfer to it by the buyer of the cash amount and the obligation to the subsequent delivery of the goods to this buyer. In other words, the receipt can confirm both the termination of the obligation and its occurrence. In the first case, such a shift protects the property interests of the debtor, confirming the fulfillment of the obligations and excluding the risk of re-demanding the creditor, and in the second he acts as a guarantor of the interests of the creditor. Sample receipt in receipt of money we give in our material.
How to write a receipt about receiving money (sample)
Disquence is compiled in the case when the object is cash. After all, with cashless payment, confirmation is not required by receipts. Payment and is so easily verified without the participation of the recipient - the payment order and the discharge bank. Also, the receipt is not required if the payer receives, for example, a CCT check, confirming the amount of payment and the basis of making money. In other cases, the receipt is needed. At the same time, this kind of document is most often drawn up in relations between citizens. For example, when buying and selling apartments, a car or when transferring cash under a loan agreement concluded between individuals. Similarly, the receipt accountable person can confirm, for example, its expenses for rent apartments on a business trip.
The legislation does not provide for the mandatory form of receipt of money, the sample of which (approximate) we give below. At the same time for the receipt form money The sample usually does not depend on the one who makes this receipt. After all, in the receipt, the main thing to indicate who, for which and from whom what amount it receives or who is paying. Clearance can be drawn up both by both parties of the obligation (by creditor and debtor) and exclusively by the recipient of the money. After all, in the receipt, the main thing is to confirm that the money was obtained. And it can only make the party who adopted money.
The receipt is usually compiled in a simple writing from hand in one instance and is transmitted to the payer at the time of making money.
Let us show on the example, how to write a receipt of money - a sample for the case when a commoded worker rents an apartment for living during a business trip.
Receipt in making money is in demand and fairly often component. Despite the fact that civil law Do not specify the procedure for its preparation, this document has legal force Identical loan agreement, but does not replace it completely. How to write a list of receipt of money, as well as on details that the receipts must contain, will be discussed in this article.
Whether the receipt has legal force
The question of legal strength, which has a receipt in obtaining funds - one, from the most frequently asked.
Create a receipt in two ways:
- in simple writing;
- make sure the receipt is notarized.
Customized a segment with a notary causes significantly less questions. Proving the fact of compiling such a receipt is quite easy, as well as to establish the person of the person who has put the signature on it. These facts, as well as the legal capacity and the capacity of the person, are checked by a notary, which certifies receipt.
More questions causes the option when the receipt is compiled without the remission of its notary. The long-term detection is not certified by a non-notary, but the procedure for proof of its compilation takes significantly more time.
Art. The 808 of the Civil Code of the Russian Federation determines the receipt as a document that is drawn up to the confirmation of the loan agreement, but does not replace it. Therefore, the conclusion of the receipt in simple writing is quite enough to ensure that it has legal force.
In order to continue the parties in the future, there were problematic situations, it is necessary to accommodately approach the compilation of this document and take into account, with its compilation, all the requirements of the legislation.
How to write to the receipt that it be valid in court will consider in the next section of the article.
Nuances drawing up schedule
In a receipt, in obtaining funds, it is important to correctly indicate information about the parties, its components (borrower and debtor). As in any document, the following details are mandatory for instructions:
- full name and surname;
- birth date;
- details of the document, which certifies the identity of the debtor and the borrower (as a rule, passport).
- information about accommodation and registration of the parties.
The loan amount is indicated by figures and in words, if the loan is made in foreign currency, in order to avoid controversial situations when returning the debt, specify the course by returning.
After that, you should specify information about the remuneration for the use of money (interest on the loan).
Mandatory item that must contain a receipt is a loan repayment period. It is necessary to thoroughly register the conditions for refunding the money (accurate date, place and time of return of the principal debt), as well as indicate the procedure for paying interest for the use of the loan.
From the date, which determines the loan return period, will begin its current of limitationIn the event that the loan is not returned and the lender will be forced to go to court.
In the final part of the document, the date of drawing up and the signature of the borrower is affixed (it must comply with the signature in the passport).
Order of receipt
Cash receipt should be made of hand. You can, of course, make it in printed form, but this method of drawing up is not recommended by experts in the field of law. The fact is that when the display is written by hand, it is easier to carry out a handwriting examination in order to confirm the fact of its compilation, if the person refuses to write it. Printed receipt that contains only own signature The borrower may not be enough for examination. In addition, the signature can be changed or faked.
The option notary certificate of receipt has its own positive and negative points.
It is positive that the notary will make the personality and the fact of the signing of the receipt, concrete person. Consequently, when a dispute occurs, this fact should not be proved in court. In addition, the notary will provide the receipt form corresponding to all the nuances of the current law.
Negative moments are the need for time spent, which will go to visit the notary and additional costs.
Mandatory notarial certificate law, when drawing up receipts, does not require. Designed in a simple writing, it will have no less legal force.
Example of receipt in making money
The template is easy to find on the Internet. Summarizing the foregoing, you can draw up the following sample of receipt in the receipt of funds.
Receipt
I, Ignatova Elena Vasilyevna, 06/21/1978, Birthday, Passport Series 1111 No. 111111 issued on 05.05.2005 by the Department of the Department of Internal Affairs, Yaroslavskoe Moscow, Residing at the address: Moscow, ul. Soviet, 2, square. 22, I take a debt in Yaroslavtseva Peter Ivanovich 05.03.1968, the passport of the 5487 number 754125 was issued on 06/05/1985 by the Department of the Department of ATS "Yaroslavskoye" in Moscow, living at the address: Moscow ul. Soviet, d. 7, square. 35 Cash in the amount of 500,000 rubles (five hundred thousand rubles) under 10 (ten)% per annum. I undertake to return the money and interest for their use on 01.08.2017.
Date Signature
Receipt in obtaining funds, which is compiled by the above-described rules will be legally binding, and can be concluded in court, if the borrower does not fulfill its obligations.
Purchasing real estate of any kind, such as an apartment, land plot, house, cottage or enterprise, you need to get a receipt from the seller that money was transferred in full. Such a document is important and guarantees the commission of a transaction, even if the purchase agreement is invalid.
What it is?
When purchasing real estate, the parties conclude a purchase agreement. The document implies compliance with the obligations, these to the buyer, as well as the transfer of property in a strictly agreed period, which in turn is paid by the requested price from the seller. However, subtlety Russian legislation Limit the supporters of the transaction in transmission property rights. First you need to pay for the cost, and after registering the ownership is documented.
By itself, the contract does not bear legal force. Confirming the factors of the transaction are the act of reception - transmission and receipt about making money.
The property buyer has the right to demand from the seller of documentary confirmation of receipt of real estate payment. If the money is listed through the bank, in the contract it is necessary to indicate the requisites of the organization and provide the receipt. Payment in installments is also certified by the Seller's signed. The receipt is a formal document that is written by a citizen who receives money. The buyer needs to check the text for errors and, if required, ask to specify the amount in words.
The receipt is made up in an arbitrary order or in the image of a notary. State certification is not required. The document is evidence of money transfer and is a guarantee of the buyer. The receipt is attached to the contract for the sale of real estate.
Rules of receipt
The receipt is made up by the seller of the property or an authorized person by proxy. The printed form of the document is not allowed. So that there is no further doubt in authenticity, the shift is drawn up on clean paper, using a single-color handle (blue or black). It is possible to write text on the reverse side of the copy of the passport.
Receipt rules:
- if several people are owners of the property, the document writes each person who receives money;
- it is not recommended to sign a document to several sellers of property;
- a minor writes paper in the presence of a parent or official guardian;
- the amount of the funds listed is indicated by numbers and in words;
- the full description of the object, address and other data is specified;
- the document needs to refer to the purchase agreement (if it is an advance, it is necessary to register that the money is listed at the expense of real estate value);
- in the case of full payment, you must specify the claim to the buyer, if any.
Display is compiled by the seller at the time of receipt of money. However, the document may be invalid if written:
- under pressure;
- incapable person;
- in a state of narcotic or alcohol intoxication;
- juvenile;
- under violence, deception.
If the document is required further for tax deductions, it is necessary to make a paper on a special pattern when the amount for the purchased property exceeds 2 million rubles.
If witnesses participated when transferring money, this fact also needs to be recorded in the Signature Document authorized persons. Written witness does not have a limitation period and is the only confirmation of the receipt of money.
Drafting
The Treaty on the purchase - sale of real estate is required to be assured in the State Rosreestre, however, receipt registration is not required. It is possible notarizing at the request of one of the parties. In order to compile a document, you must attach a copy of the seller's passport, as well as the purchase agreement for real estate.
- recipient passport data;
- the initials of the buyer (full name, year of birth);
- exact description of the property (location address);
- amount of money transmitted (figures and in words);
- lack of claims to the buyer;
- date of the transaction;
- signature of witnesses.
- surname, recipient signature.
If there are oral agreements, carrying the principal importance for one of the parties, and agreed in oral formThey should also be prescribed in the document.
Download a sample of receipt about receiving money under the contract of sale by reference.
Risks and advantages of receipt
According to the Law of the Russian Federation, the assurance of the receipt of the receipt of funds is not required, however, from the legal side, notarial design is documentary, and minimizes risks during the trial.
The main issue in the design of the transaction is the authenticity of the documents provided. The notary has the right to access the database, according to which it is possible to verify that property is not laid in the bank, not arrested and not burdened with debts. Also, at the orders of a lawyer enters the confirmation of the fact of possession of the property. If there are two or more people owners, shareholders are obliged to agree to the transaction. The receipt is issued by signatures by parties and notary. If the document is lost, you can restore it. With personnel design, the original is not subject to renewal, which is a risk for the buyer of real estate.
- apartment area or house in square meters;
- availability of rooms, balconies, floors;
- condition of the room;
- remote repair features.
The amount of payment is indicated as partial, complete, deposit or advance. Installation of further accruals is also indicated in the document, only then paper is legal. Confirm the transfer of money is possible by a bank receipt or payment of payment. If an advance is transmitted, with early termination of the transaction, the amount is returned to the buyer and the receipt is canceled. The deposit is listed only if the transaction was broken by the seller's fault. In other cases, the requirements must be specified in the document.
The advantage of the preparation is the fact of obtaining money and the lack of financial claims to the buyer. Risks of transfer of money under the painting is the authenticity of documents. Therefore, writing confirmation is recommended at the notary or on the recommendations of qualified lawyers.
Cash relations with a neighbor or another private person can, and even need to secure, making such a simple document as a receipt to receive money. We often negotiate in words, without thinking that a person can change his word and pretend that no money from you did not receive.
The law provides for mandatory compilation References, if the transmitted amount exceeds 10 dimensions of the minimum welfare, that is, one thousand rubles. It is notarized, it is not necessary, but if the amount transmitted is large enough - it is possible to progress. The Signature of the Notary will make sure that the money was indeed awarded to the one who signed the document.
There is no installed form of receipt in obtaining money, however, there are details that must be reflected in it.
FULL NAME received cash, his passport details.
FULL NAME transferred funds and his passport details.
Cash amount, numbers and in words.
The period for which money is issued (if it comes to a loan).
Place of receipt of receipt, date and signature received money.
There are inslace rules that also makes sense to comply with this document.
Do not leave the empty space between the main part of the receipt and the signature so that it is impossible to enter something there.
An empty place after the signature cross the Zigzag.
It is better to write a receipt to the one who receives cash.
Be sure to check whether the passport details are recorded correctly.
Any debt commitment has a limitation period. On receipt, this period does not exceed three years.
Do not give receipt before all the money will be returned. Also, if you are a debtor and returned the entire amount, be sure to require your receipt back.
Samples and examples of receipts in making money can be found on our website.
Download sample and receipt form in getting money: all forms
- Receipt in obtaining money Sample.doc
- receipt in obtaining money blank.doc
The main criteria for each debt document are seven details, this figure is not established by law, we give it to sign or making a receipt, you could avoid unpleasant moments, as well as correctly draw up a sufficiently responsible document in the life of every person, so how to write to the receipt?
In order to properly write to the receipt, follow 7 rules:
1.
The passport details of the debtor of his name, as well as the actual place of registration (registration).
2.
The passport details of the creditor of his name, as well as registration (registration).
3.
The size (amount) of debt - numbers and in words.
4.
The date of receiving debt money on fact.
5.
The deadline for which the debt is taken or the date of the return of debt.
6.
What are the necessary money to the debtor.
7.
Signature of the debtor - in words, fully and "Rogue".
How to make a receipt?
Adhere to all 7 details, if you miss something, the debtor will have a real chance, avoid returning debt. His signature, the debtor puts, only in your presence. Always carefully check the address of the registration and passport details of the borrower, it is better to remove the copy of the document. Not everyone understands well, which means - the fact of receiving money. In a receipt, it is necessary to write - "I received money when drawing up and signing this Agreement." Not everyone is understood by the fact - what money is provided. This props, means that in a receipt, the words should be attended - "the money is granted to debt." If you write something else, the debtor will have the opportunity to avoid the return of debt.
In order to write a receipt correctly, you need to know some points of content:
1.
The written receipt must contain the date of compilation. Very often, it is from this date that the debt return period and the deadlines for the provision of an application for judicial instances are calculated.
2.
Place of receipt.
3.
Passport details and fio debtor.
4.
Address of registration of the debtor.
5.
Passport details and creditor name.
6.
The amount of debt, in words and number.
7.
Conditions and the date of the return of debt.
8.
Signature of the debtor. The writing of the receipt must be personally from the debtor if the receipt was printed, then the painting of the debtor must be fully written by the hand + name + "Rogue".
9.
Do not forget to add a phrase - I received money when signing a real receipt.
10.
Not under any circumstances, do not specify that the money was provided for trading or business. If the debtor is granted money on a business, and the commercial operation was defeated, then in this case, this commercial risk and lender was aware of this, but I still wanted to earn money. In the event that the operation failed, the return of money, which were lost during the risky operation are not possible.
This is a mandatory information that defines the correctness of the writing of the schedule, with the arms arise, around this document, everything decides the judge, as controversial cases in law are not reflected, so you will have to be guided by experience and "common sense" of the judge in solving conflict situations.
Sample receipt:
Receipt in obtaining labor
Receipt in making money for cars
Cash receipt
Cash loan
