It is necessary to draw up an act of acceptance and transfer of keys when the keys are transferred to a person not simultaneously with the transfer of property. If a person gains access to an object at the same time as the keys, an act of transfer of certain property, for example, a car or real estate, is drawn up. To certify the fact of transfer of keys to any premises, the parties participating in this process must draw up a special act.
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In organizations or commercial establishments, a person should always be appointed who is responsible for the safety of inventory and business attributes, and is responsible for monitoring their movement and intended use. But this person, sooner or later, may go on vacation or change position, and it is in such cases that it is necessary to draw up an act in order to transfer inventory and materials to another person.
In what situations can you not do without a document?
The act may accompany the transfer of keys from various objects, which may be:
- Apartments in a newly built building - then the document is drawn up between the legal developer company and the individual owner of the apartment.
- If we are talking about buildings, structures, etc., then the act is usually formed between two organizations.
- In some cases, a document can be drawn up within a single company, for example, when keys to an office, warehouse, retail outlet, etc. are transferred. from one responsible employee to another.
Thus, almost always the act is not an independent document, but accompanies any agreement: lease, purchase, sale, pledge, etc. or refers to intra-corporate papers certifying the transfer of enterprise property between employees.
When and why is such an act needed?
The keys are transferred when the property is sold, when it is transferred for rent or for disposal between employees within the company. It almost always accompanies the transaction:
- purchase and sale;
- rent;
- donations.
It acts as an independent document only in cases where there is no transfer of ownership (ownership) of the premises itself: transfer of a copy from the warehouse to the storekeeper, delivery of copies from the office to the employee.
The moment of transfer means the transfer of rights and obligations in relation to the object (or property located on the premises) to another person and requires documentary recording.
What is the document for?
From the moment the keys pass from one hand to another, the person to whom they were transferred bears responsibility for the property located inside the premises, as well as for the premises itself (building, structure).
This act is mainly needed to clearly delineate the rights and obligations to ensure the integrity and safety of inventory items.
In the event of any material damage to the protected object, compensation may be recovered from the person who accepted the keys under the acceptance certificate.
Transfer of real estate and keys upon purchase
The act of handing over the keys to the apartment must include the most detailed description of the deficiencies identified during the inspection of the technical condition of the housing. It depends on this whether it will be possible to subsequently involve a construction company in their execution. If the recipient of the keys does not indicate the defects, he de facto agrees with the condition of the property, which means he will not be able to prove that there were defects.
Sometimes sellers refuse to sign a document indicating defects in it. In order to avoid such situations, it is necessary to indicate in the purchase and sale agreement a clause regarding additional liability for refusal to sign the deed in such a case. This will make termination of the transaction unprofitable for the seller, and he will have to take into account the buyer’s comments.
General aspects of drawing up the act
If you need to draw up an act of acceptance and transfer of keys, read our recommendations and see the sample below.
Today there is no standard template for the act of acceptance and transfer of keys. This means that it can be written in any form, or, if the organization has a developed document template, according to its form. The main thing is to follow a few simple rules:
- The act must have a certain structure, which includes the so-called “header”, the main part and the conclusion.
- It must necessarily include the signatures of both parties. Moreover, if one of the entities participating in the formation of the act acts under a power of attorney, information about this must also be included in the act, indicating its date of preparation and other identification data.
- If there were witnesses during the acceptance and transfer, information about them must be included in the document in the following form: full name, passport extract, residence address and signature.
As soon as the act is signed by all parties present, responsibility for the keys, as well as the security of the premises to which they relate, and the valuables inside it passes to the receiving person.
There is no strict need to certify the finished form with a seal, since recently the requirement for organizations and enterprises to compulsorily use stamps to endorse papers has been abolished. The act must be stamped only when the use of stamps is specified in the company’s local regulatory documents.
The act can be formed on a regular sheet of any convenient format (but the generally accepted one is A4) or on the organization’s letterhead with an imprint of the details. It can be handwritten or printed - these factors do not play a role in determining the legality of the document.
The act is always created in at least two copies . One of them remains with the person previously responsible for storing the keys, the second is transferred to the new responsible person. Witnesses, if any were present when the act was drawn up, must be given certified copies.
Sample act of acceptance and transfer of keys
To certify the fact of transfer of keys to any premises, the parties participating in this process must draw up a special act.
In what situations can you not do without a document?
The act may accompany the transfer of keys from various objects, which may be:
Apartments in a newly built building - then the document is drawn up between the legal developer company and the individual owner of the apartment. If we are talking about buildings, structures, etc., then the act is usually formed between two organizations. In some cases, a document can be drawn up within a single company, for example, when keys to an office, warehouse, retail outlet, etc. are transferred. from one responsible employee to another.
Thus, almost always the act is not an independent document, but accompanies any agreement: lease, purchase, sale, pledge, etc. or refers to intra-corporate papers certifying the transfer of enterprise property between employees.
What is the document for?
From the moment the keys pass from one hand to another, the person to whom they were transferred bears responsibility for the property located inside the premises, as well as for the premises itself (building, structure).
In the event of any material damage to the protected object, compensation may be recovered from the person who accepted the keys under the acceptance certificate.
Who should prepare the act
Two parties always participate in the formation of an act. The first is the person transmitting the keys, and the second is the person receiving them. Usually the act is drawn up by the one who gives the keys, but, in any case, the act must be certified by the signatures of both parties - only if this condition is met will this document gain legitimacy and legal force.
General aspects of drawing up the act
If you need to draw up an act of acceptance and transfer of keys, read our recommendations and see the sample below.
Today there is no standard template for the act of acceptance and transfer of keys. This means that it can be written in any form, or, if the organization has a developed document template, according to its form. The main thing is to follow a few simple rules:
The act must have a certain structure, which includes the so-called “header”, the main part and the conclusion. It must necessarily include the signatures of both parties. Moreover, if one of the entities participating in the formation of the act acts under a power of attorney, information about this must also be included in the act, indicating its date of preparation and other identification data. If there were witnesses during the acceptance and transfer, information about them must be included in the document in the following form: full name, passport extract, residence address and signature.
As soon as the act is signed by all parties present, responsibility for the keys, as well as the security of the premises to which they relate, and the valuables inside it passes to the receiving person.
There is no strict need to certify the finished form with a seal, since recently the requirement for organizations and enterprises to compulsorily use stamps to endorse papers has been abolished. The act must be stamped only when the use of stamps is specified in the company’s local regulatory documents.
The act can be formed on a regular sheet of any convenient format (but the generally accepted one is A4) or on the organization’s letterhead with an imprint of the details. It can be handwritten or printed - these factors do not play a role in determining the legality of the document.
The act is always created in at least two copies. One of them remains with the person previously responsible for storing the keys, the second is transferred to the new responsible person. Witnesses, if any were present when the act was drawn up, must be given certified copies.
How long should I keep the completed form?
Upon completion of all formalities, when the keys are transferred from one party to the other, information about the act must be entered into a special documentation journal. After this, the paper must be transferred to the company’s archives for storage. Here he must remain for a period, the duration of which is established either by law or by internal regulations of the enterprise.
What to indicate in the act
Here is an example of an act of acceptance and transfer of keys from one company to another under a premises rental agreement.
First indicate:
title of the document (with a brief indication of the meaning); number (if necessary); place (the locality in which the company operates); date of drawing up the act.
Then, in the main part, the fact of receiving and transmitting keys is verified. Here you need to write:
full name of the enterprises participating in this process, the persons who represent them (positions, full names); the reason that became the basis for the acceptance and transfer procedure; name and address of the object from which the keys are being transferred; number and date of the contract being executed.
If necessary, other information can be entered into the act (for example, about the number of keys and their copies, their affiliation with a particular door/lock, the condition of the object, etc.). If any additional papers are attached to the act, information about this must also be reflected in the form.
In conclusion, the act must be signed by representatives of both organizations and all other persons present during the transfer procedure.
Sample act of acceptance and transfer of keys
Certificate of acceptance and transfer of keys
Uzhgorod
05/17/2019
LLC "SteelInvest" represented by director Colin Alexander Ivanovich, acting on the basis of the Charter, hereinafter referred to as "Party1" and LLC "Forward", represented by director Ivashkin Egor Mikhailovich, hereinafter referred to as "Party2", and together referred to as the "Parties", constituted This deed of transfer states as follows:
Party1 transfers and Party2 accepts the keys to the office building located at Uzhgorod, st. Lesnichnaya, 18.
The keys are transferred for the purpose of fulfilling the lease agreement No. 17 ID dated May 12, 2019.
Director of StalInvest LLC Colin A.I.
Director of LLC “Forward” Ivashkin E.M.
Sample document
Here is an example of an act of acceptance and transfer of keys from one company to another under a premises rental agreement. First indicate:
- title of the document (with a brief indication of the meaning);
- number (if necessary);
- place (the locality in which the company operates);
- date of drawing up the act.
Then, in the main part, the fact of receiving and transmitting keys is verified. Here you need to write:
- full name of the enterprises participating in this process, the persons who represent them (positions, full names);
- the reason that became the basis for the acceptance and transfer procedure;
- name and address of the object from which the keys are being transferred;
- number and date of the contract being executed.
If necessary, other information can be entered into the act (for example, about the number of keys and their copies, their affiliation with a particular door/lock, the condition of the object, etc.). If any additional papers are attached to the act, information about this must also be reflected in the form.
In conclusion, the act must be signed by representatives of both organizations and all other persons present during the transfer procedure.
Using electronic signatures
Recently, many people prefer Internet technologies when it comes to signing documents. This is very convenient for those who constantly submit reports in large quantities. After all, it often takes too much time to deliver originals.
This video will tell you how to accept an apartment in a new building:
To obtain electronic signatures, contact employees of the tax service or public service center. They submit an application there. And they wait to receive an answer. Only after checking all the documents, the visitor is given the key itself with an electronic signature. And other information related to this tool.
The transfer of keys with electronic signatures is organized for persons authorized to represent the interests of enterprises in official institutions.
The act of acceptance and transfer of keys itself is drawn up in the same way as other similar documents. There are usually only two parties involved in a transaction. The signatures of both parties certify the legality and validity of the paper.
Things to consider
Today it lacks a unified model, since its preparation is not regulated by law. The principle of creating a document is the transfer of an arbitrary item of value.
Despite the arbitrary shape, it should be clear from the meaning of the paper that it certifies the fact of transfer of the key, this is especially important if the item is unique.
Therefore, the real estate itself should be described in detail. It is important:
- describe each room and door that has a key
- indicate the number of keys and their features
- a very important and unacceptable moment to omit - indicating the correspondence to the lock
- the fact of checking the operation of the tool by the new holder
If there are witnesses, it is necessary to enter information about the fact of their presence and their data in the document.
Signing the document will indicate the full agreement of the recipient/purchaser of the property with the quality and quantity seen, as well as compliance. So before this point, it is important to make sure that the main points are in place.
After drawing up the transfer documentation, the use of the organization’s stamp is provided only if there is an existing provision for this. The use of a round seal is not provided for, since its use is abolished by law.
Formation is arbitrary, but in compliance with the rules for drawing up business documentation.
In addition, it is permissible:
- use any sheet, for example A4 or notebook
- write items by hand or in print
There must be 2 copies - one for each side.
Transfer of digital signature to another person: what the law says
An electronic signature key can be issued to a legal entity legally.
However, in this case, when registering it, a specific individual is designated as a representative of the organization. Most often, this is the founder or current manager who has the appropriate documents or power of attorney. Thus, the owner of the digital signature is still not the organization, but a specific person who signs documents on its behalf. Analyzing Article 63-FZ, it is impossible to make an unambiguous conclusion about whether an electronic signature can be transferred to another person. On the one hand, 63-FZ does not consider the transfer of rights on the basis of a power of attorney as a special case, and, therefore, does not imply such a possibility. On the other hand, clause 1 of Art. 10 contains information that the digital key cannot be used without the consent of its owner. Based on the logic of the wording, it can be assumed that if there is consent, such an act is possible. However, in practice it should be a purely technical implementation.
For example, the following situation often occurs: the director handed over the electronic signature to the accountant so that he could sign the papers under his leadership. Of course, the manager has the right to give the employee the right to sign. But the certificate must remain secret and be with the rightful owner.
