When is the acceptance certificate drawn up?
The act is required when receiving products by one person and transferring them to another person. The document accompanies almost any operation related to reception and transmission. For example, an act is needed in the presence of these circumstances:
- The goods are transferred from the seller to the buyer. The document confirms that the item was accurately received by the consumer.
- The products are sent to the warehouse. In these conditions, it is necessary to draw up an act in 3 copies for all participants in the operation. The act is supplemented by an agreement on the storage of valuables.
- Valuables are sent for safekeeping. In this case, the act must also be supplemented with an agreement on responsible storage.
In most cases, the act is drawn up upon the sale of products. But the need for it also arises during internal movements of values. For example, when placing an object in a warehouse.
Form and content of the document
Required details:
- date and place of compilation;
- name and registration data of the parties (for individuals - full name and passport data);
- description of the transferred object (indicating the address and other identification data);
- number of transferred copies;
- signatures.
The document is drawn up in writing on A4 sheet or on letterhead (for organizations). Both handwriting and typewritten text are acceptable. Make two copies - one for each party.
What is contained in the transfer and acceptance certificate?
The form of the act is not established. The exact content of the document depends on the specific situation. However, under any circumstances, the act must contain the following mandatory details:
- Subject of the operation, its name.
- Characteristics of this item: article, number, brand.
- The person who conveys the object.
- The person who receives the object.
- The name of the company that is transferring the item.
- Date of execution of the act.
- A link to a document, the addition of which is a deed (for example, a purchase and sale agreement).
- Item cost.
- Number of copies of acts.
If the receiving person has claims regarding the quality of the transferred item, these claims must also be recorded in the act. Sometimes the document records the location of the transfer of the object. If one of the parties to the transaction is a private individual, it is necessary to record the person’s full name, passport details, and address.
The act can be drawn up for a separate product or for a set of goods. But if this is a set of products, it is necessary to indicate this in the act.
IMPORTANT! If the receiving party signs the document, it thereby confirms that there are no claims regarding the quality of the goods. Therefore, before signing, the buyer must check the products for defects.
ATTENTION! The act is a document with legal force. It limits the parties' demands on each other. For example, a document signed by the buyer means that the buyer has no claims. If disagreements arise between the parties to the transaction, the document will help defend their interests in court.
Additional features
The act will have legal force only if these conditions are simultaneously met:
- The act is an annex to the main agreement. It is not an independent document. If there is no main document, then the act loses its force. It must contain a reference to any agreement. For example, for a purchase and sale agreement.
- The document must be certified by the signature and seal of an employee with the appropriate authority.
- The act is drawn up in 2 copies (minimum). Each copy is handed over to the participants in the transaction.
That is, the act is not an independent document. However, it must be issued in accordance with standard requirements: seals, signatures, mandatory details.
Features of compilation
When drawing up the act, you must remember the following:
- The preparation is entrusted to any employee of the selling company (or lessor) who understands the intricacies of document preparation and descriptions of real estate. This could be a legal adviser, an accountant, or a clerk. Employees can draft a document together.
- It is necessary to describe the condition of the apartment as accurately as possible. Usually they indicate the condition of the plumbing, electrical, type of repair, heating. List the defects found during the inspection.
- There is no unified form. The document is drawn up randomly, on company letterhead. It is possible to fill out the form by hand, but the typewritten version is more convenient to read. The company can develop the form of the act independently, the main thing is that it meets all the requirements for such documents.
Important! Along with the deed, it is required to hand over to the buyer the keys to the apartment and all documents related to it.
What documents can replace the transfer and acceptance certificate?
The transfer and acceptance certificate records these provisions:
- Availability of agreement between the parties.
- Rights and obligations of participants.
- The procedure for pre-trial regulation.
That is, the document replacing the act must contain the same information. The consignment note performs similar functions. It also contains information about the parties to the transaction and the product. Dates are also recorded there.
That is, when transferring goods, either an act or an invoice can be used. However, in some cases, it is necessary to draw up an act. It is required when it is necessary to record consumer claims or their absence. For example, it is needed when transferring expensive equipment.
Sample
| Appendix No. ___ to the lease agreement for non-residential premises № ________________ ACTReceive-transmit _______________ "_____" ____________ 20_ LLC ______________________________ represented by the General Director ______________________, acting on the basis of the Charter, hereinafter referred to as the “Lessor”, on the one hand, and citizen of the Russian Federation __________________________________________, hereinafter referred to as the “Tenant”, on the other hand, carried out the transfer: 1. The “Tenant” transfers, and the “Landlord” accepts, a set of keys to the premises located at the address: ____________________, with a total area of _____ m². Number of copies - 3 pcs. 2. This Act is drawn up in two original copies having equal legal force, one for each of the parties, and is an integral part of the lease agreement for non-residential premises No. ______________ dated ________________ Signatures of the parties: Kits handed over: Kits received: ______________ _______________ |
An example of filling out when selling an office.
Comments on the document “Deed of Transfer of Apartment”
Personal message | Reply 0
| Oksana Status: Client | 01/28/2015 at 15:58:09 Good afternoon. Tell me how many people sign the transfer deed if there are three buyers and one seller. Can one of the buyers come and sign the deed? Thank you in advance. |
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| 5 Julia | 09.24.2015 at 14:27:46 Great shape, thanks |
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| Karina | 03/01/2018 at 11:43:06 Good afternoon Which Act should be signed if the final payment will be made only after registration in Rosreestr (subsidy money is transferred by Gorzhilobmen within 2 weeks after registration in Rosreestr)?? |
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What to pay attention to when drawing up an act
There is no single form of the act of acceptance and transfer of funds that is mandatory for use, so representatives of the parties can form it based on their own presentation in free form or, if the organization has its own sample document developed and properly approved, using its template. It is only important that the form in its composition meets certain standards of office work, and in content includes some unchanged data.
Like any other official document, the act can be divided into three parts: the header, the main section and the conclusion.
- The following is entered in the header:
- the name of the document and its meaning briefly indicated;
- place and date of its compilation;
- if the document is an annex to an agreement, you must provide a reference to the number and date of the agreement.
- After this comes the main part. You must enter here:
- subjects who draw up the act (names of organizations and full names of its representatives, full names of individual entrepreneurs or citizens of the Russian Federation and their passport details);
the amount that is transferred (necessarily in numbers and words);
- certify that the obligations are fulfilled in full and properly;
- indicate all other information that the parties consider necessary to include in this document (for example, about the form of transfer of money - bank transfer, online transfer, bills of exchange, “cash”, etc.).
- The final part of the act must contain the signatures of both parties (only “live” - the use of facsimile autographs, i.e. printed using various types of cliches is unacceptable), as well as seals, but only when their use is indicated in the local regulatory documents of the company .
If there are any attachments (checks, receipts and other documents), their originals or copies can also be attached to the act, noting their presence as a separate item.
Acceptance certificate and VAT base
The point at which the tax base for VAT is determined is stated in Article 167 of the Tax Code of the Russian Federation.
The tax base is determined at the time corresponding to the earlier of two dates:
- the day of shipment (provision) of the service to the buyer;
- the day of payment or partial payment towards the upcoming provision of services.
Therefore, tax must be charged if:
- the work is done, but whether it is paid or not is not important;
- the work has not been completed, but an advance payment (advance) has been received for it.
note
In the case of prepayment, there are no other options - as soon as the money is received, VAT must be charged.
However, the implementation of work for VAT purposes is recognized as the transfer of ownership rights to the final result to the counterparty (clause 1 of Article 39 of the Tax Code of the Russian Federation). The customer must accept the result of the work within the time period specified in the contract. To confirm that the work has been completed and its results, a work acceptance certificate signed by both parties is used.
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