Receipt: preparation and correct execution

What is a money transfer receipt?

How to write and execute a receipt correctly

Legal rules for writing a receipt

Many of us have encountered friends asking us to borrow money. And why not, a very tempting offer, but twofold. On the one hand, you can help a person in a difficult situation, especially if there is such a financial opportunity, and at the same time you can receive a small percentage as a reward for using your funds. But now is the time when once you borrow money, you can say goodbye to it once and for all, not to mention getting rich on interest.

What is a receipt

A receipt is a written document confirming that the lender has transferred money to the borrower. Therefore, the main thing in this matter is to draw up a receipt correctly, so that in the event of a controversial situation, you have the opportunity to go to court to protect your legitimate interests for the return of money and return what you borrowed. Along with the receipt, a loan agreement can be drawn up, and the receipt is its confirmation.

In what cases is it necessary to make a written receipt?

Article 808 of the Civil Code of the Russian Federation establishes that a loan agreement between citizens must be concluded in writing if its amount exceeds at least ten times the minimum wage established by law.

For settlements when concluding civil contracts, the minimum wage is set at 100 rubles. Therefore, according to the law, if the loan amount is more than 1,000 rubles, a written receipt must be drawn up.

Certification of a receipt by a notary

The law also does not provide for the certification of a receipt by a notary. Therefore, in order for a receipt to have legal force, it is enough to issue it in simple written form without notarization.

Who might need a receipt?

As a rule, how to correctly write a receipt for receiving money as a loan is of interest to those debtors who would like to receive money from an individual in a fairly large amount. Most common situations:

  • Transferring money from a relative or friend.
  • Receiving advance payment under the contract.
  • Payment for a completed transaction.

As a rule, any transaction that involves the transfer of money from person to person implies that at some point such a document will be written. Writing a receipt is not a mandatory item, but its presence (of course, provided it is correctly drafted) can protect all parties to the transaction from dishonesty on the part of any of the participants.

What is a receipt and why document it?

A receipt is a document whose purpose is to record the fact of a transaction to provide funds from one party to another. With the condition that the funds in question are loaned and must be returned by a certain point. The document may also indicate other conditions for transferring money, not as a loan, but on other grounds.

It is not always possible to draw up a document as a means of repaying a debt. Typically, a receipt is required if the monetary debt is over a thousand rubles. It is in the paper in question that it is necessary to indicate exactly what amount is transferred from one party to the other. The receipt also indicates the conditions under which the monetary debt is formed, that is, when the funds must be repaid.

This document is necessary if disagreements arise between the parties regarding the timing of repayment and the amount of the debt. To resolve the conflict correctly, it is enough to read the contents of the paper. If you cannot resolve the disagreement on your own, you can go to court with a receipt, which will carefully study the document and, on its basis, find a solution to the conflict situation.

Sometimes you can do without drawing up a receipt, since the document in question is optional . But still, for your own safety, if you have to go to court to get your money back, having such a document significantly speeds up and simplifies the procedure. If there is no receipt, it is very difficult to officially prove the fact of the debt, as well as its size and terms of the agreement.

If the debt is small and there is confidence in the integrity of both parties, the receipt can be drawn up using a simplified template. But if there is any doubt that the transfer of funds has been completed, the document certifying the receipt of money should be additionally supported by the services of a notary and the testimony of witnesses. This is especially true for situations where the transferred amount of money is large.

Legal status of the receipt

A receipt is a supporting document for the court, regardless of how and under what circumstances it was received. The easiest way to correctly write a receipt for receiving money is to write it by hand on paper. This is the simplest method, known to everyone, but it has quite a few pitfalls.

If there is a transfer of really large material assets, including cash, it is recommended to write and agree on a receipt in the presence of a notary. In addition to the fact that the document will be officially certified, which means there will be no doubt about its authenticity, the notary can advise the client on the correct drafting of the text, taking into account all possible formalities.

Compilation rules

If the client decides to fill out a receipt in the presence of a notary, then questions about the correctness of the drafting disappear, since the employee will independently take into account all the nuances of drawing up this document, find out specific points that are worth paying attention to and will do everything legally correct.

As a rule, questions arise if you need to write a receipt yourself, by hand, without consulting a specialist. There are quite detailed instructions on this matter, which, however, should be adjusted to your own situation, if it requires it.

Instructions for issuing a receipt

The basic rules for drawing up receipts given in this instruction take into account the drawing up of a receipt from an individual to an individual. If legal entities are involved in the transaction, it is recommended to draw up additional agreements and use the services of lawyers.

Basic rules for drawing up receipts:

  • Indication of the place and date of preparation of the document. First of all, it is necessary to indicate them. The place refers to the name of the locality where the transfer of funds took place, and the date should also include the time. For example: “City of St. Petersburg, 12/23/2019 10.20.”
  • It is also necessary to provide information about the parties to the transaction. Indicate the complete data of the transferor and recipient of the banknotes; what data needs to be disclosed depends on the status of the parties. However, it is recommended to write as much information as possible that can identify each participant in the transaction.
  • It is recommended to use only the data specified in the documents of the persons participating in the transaction. Remember that, if necessary, additional documents will be used to prove the facts of the transfer of money from one person to another.
  • If the receipt is nevertheless written with the participation of a legal entity, then you should also write down all the necessary data on the legal entity: TIN, OGRN and other details, as well as the full name and position of the representative present at the transfer of funds. Also remember that additional agreements, certified by a notary, should also be drawn up with legal entities, especially if it concerns the transfer of funds as a loan.

It is also necessary to indicate not only the data or details of the direct participant in the transaction, but also the data/details of trusted representatives, if any are involved in the process.

  • Describe how much is being transferred and in what currency. The amount must be indicated not only in numbers, but also in words, and words related to the indication of currency should not be abbreviated. The amount is indicated to the nearest kopeck, if required.
  • Also include in the text an indication of the obligations and conditions for receiving money. Do not limit yourself to specifying a simple transfer, as the accompanying conditions may not be met. Be sure to write whether this is a transfer of money on debt, payment for goods or services, or any other act of non-gratuitous transfer of funds from one person to another.
  • If there are additional conditions or clarifications on the transaction, be sure to write them down at the end of the receipt. This also includes refund terms.

At the end, the receipt is signed by the recipient of the money as confirmation that he received the money. The receipt itself is kept by the person who gave the money as a guarantee of return. After the money has been returned, the receipt is given to the debtor. In case of a transaction, the receipt is certified by both parties and it is written in two copies, each of which is kept by one party to the transaction. In this case, it is recommended to carry out notarization.

about the author

Evgeniy Nikitin Higher education majoring in Journalism at Lobachevsky University. For more than 4 years he worked with individuals at NBD Bank and Volga-Credit. Has experience working in newspapers and television in Nizhny Novgorod. She is an analyst of banking products and services. Professional journalist and copywriter in the financial environment [email protected]

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Types of receipts

Structural receipts

In June 2021, the State Duma received an unexpected proposal from a group of deputies to introduce a special type of receipts - structural ones. It includes payment to its owner of the nominal value or its component, as well as payment of funds depending on certain events or circumstances; they will have to be specified in the conclusion of the issue of this agreement.

In particular, these will be changes in prices for products, changes in exchange rates, interest rates, inflation and others (clause 1 of part 29 of article 2 of the Financial Law on the Securities Market). Payment of such structured receipts is carried out in money or securities, rights to property or such rights as give the right to a monetary value.

Even early placement, circulation or redemption of a structured receipt, equipment and contents, disclosure of data must be in accordance with special rules that are prescribed in the law on the securities market for similar actions with bonds of credit institutions. Brokerage houses and dealers are issuers of structured receipts.

A special society is being introduced - the society of structural products. The law also stipulates that the acquisition of structural receipts is possible only by fixed investors. Banks of Russia have the right to set conditions, which include proposals for an unlimited number of individuals.

Those who developed this document noted that there was a great demand for products based on structures and finance, higher income was established when compared to an ordinary, familiar bond, but in our country it is impossible to issue debt-based securities that do not provide an exact guarantee of a full return to their owners. Also noticed strong demand on a financial and structural basis and higher income receipts in contrast to traditional bonds.

To issue these instruments, Russian banks attract legal entities from abroad. The developers explain that before sanctions were introduced on an economic basis, it was possible to use foreign subsidiaries whose owners registered their official enterprises in Russia. If structured products are released, the company's services are required to be used abroad, which implies a loss of some income.

Receipt for the sale of a car

Buying or selling a car is an event that needs to be approached with full responsibility. It is necessary to protect yourself as much as possible from contact with scammers and swindlers. Therefore, all actions must be recorded on paper, supported by documents and recording the fact of receipt and sale of the car.

If a collision occurs with the impossibility of re-registering a car according to the submitted power of attorney, this document will help to recover, with the help of the court, the funds that were spent on the purchase of this movable property.

There is such a concept among people as “a car purchased on a general basis”, but it is not spelled out in the laws. If a person purchasing a car gives money, and in return receives a general power of attorney, which is not confirmed at a notary’s office, he, of course, saves his money, but it must be taken into account that you can become the owner only after registering it in your name, but not after transferring the power of attorney. A power of attorney only gives the right to use this property, but you should not consider it yours.

If, for example, it is not possible to register the car in your name due to, say, the seizure of the owner’s property, you can go to court to recover funds if you have a document handwritten by the Owner. It is important that it be written in the hand of the current owner, using the data from the technical passport, as well as the citizen’s passport.

Receipt not to leave

There is such a thing as a “Receipt not to leave.” She shouldn't have a subscription. For example, a husband and wife are divorced, the wife has a child, she wants to take the child on vacation or with her on a business trip to another country, but the father is against it. At such a moment, this father may require a receipt from his ex-wife stating that the child will not be taken abroad or outside the locality for a certain period of time. Whether to issue a receipt or not is up to the child’s mother to decide.

There are the following rules for filing an application for disagreement with the departure of a minor citizen from the country:

  • The receipt is written in accordance with Article 21 of the Federal Law on the procedure for exit and entry into the Russian Federation.
  • The application must be written personally by one of the parents, guardian or adoptive parent. In this case he is the Applicant. It is submitted to the department of the Federal Migration Service at the place of residence or to the border control authorities. If the applicant resides outside the territory of the Russian Federation on a permanent basis, he needs to contact the embassy.
  • The application must be legibly written or printed.
  • The application must be accompanied by certified copies of documents: passport, rights to the child, birth certificate, or certificate of adoption, adoption or guardianship.

If not correctly followed, the application is rejected but not considered. Consideration of the application is coordinated with the Ministry of Internal Affairs of the Russian Federation and the security service of the Russian Federation within the time limits specified in the law. This is better than a receipt, since there is an opinion that these receipts have no legal basis.

Receipt between individuals

Such receipts are used in civil law relations. The rules for drawing up and the procedure for implementing the contents of this document are prescribed in the Civil Code of the Russian Federation.

The law does not prohibit borrowing from an individual any amount, even if it is the most minimal.

But the law states that from a certain level of the amount borrowed, fixing the loan on paper is a mandatory condition. If the loan amount exceeds the minimum wage by at least 10 times, then the loan agreement is considered binding. This is prescribed by Article 808 of the Civil Code of the Russian Federation.

If the amount is lower, then it is not necessary to draw up an agreement; it will be enough for individuals to agree on this loan orally.

The agreement may or may not be notarized. But the loan paper is not proof that the agreed amount was transferred from hand to hand.

For proof, a written confirmation of the loan is also drawn up.

there is no provision in the legislation for its preparation. But the borrower may insist on a handwritten document to avoid further problems if the matter goes to trial.

Real estate purchase transactions

Many people say that a receipt document is not a serious document, but if it is written when buying and selling real estate, it can be very useful.

Even if there is a phrase in the Sale and Purchase Agreement that funds are transferred to the Owner who sold the property under certain conditions, the agreement is just a mutual exchange of the parties, performing actions on a mutually beneficial basis. This mutual obligation can be supported by the Acceptance and Transfer Certificate of the apartment, as well as a document written by the Owner regarding the receipt of funds, the amount of which is agreed upon in advance.

The Transfer and Acceptance Certificate states the full payment, as well as the absence of claims from both parties entering into the transaction. The acceptance of money agreement provides some insurance to the buyer.

There are several rules that must be followed when drawing up a contract for the purchase and sale of real estate.

They are what make it legally significant:

  1. The document must be written by the hand of the person selling the property; he is the recipient of the money under the Transfer and Acceptance Certificate and the Sale and Purchase Agreement. A brother, godfather, sister or wife cannot write for him.
  2. It is necessary to indicate that the amount was received specifically for the sale of this property, and the address must be indicated.
  3. There must be a reference to the Sale and Purchase Agreement and confirmation of the amount received.
  4. Must be indicated:
      The name of the document (receipt), date and name of the locality in which the process of selling and purchasing real estate is taking place.
  5. Full name and passport details of both the buyer and the Owner. You also need to indicate your residence address.
  6. The amount of money raised must be stated in both words and figures.
  7. There must be a signature on the receipt with a detailed description of the full name. The transcript must also be written by hand.

If these points are not observed, the receipt may be rejected by the court in the event of a dispute, since it is not drawn up according to the rules and does not provide legal support; fulfillment of its terms may be impossible.

In order for the receipt to have legal support, the debtor can write a receipt in the presence of witnesses. They must also indicate their details, contacts and sign. It is not necessary to use these conditions, but they will not be superfluous as reinsurance.

If the property has more than one owner, but several, then they must all sign on the receipt for receipt of funds, without exception, as in the Sale and Purchase Agreement. If the property is registered in a common share, and they receive the money individually, it means that a receipt must be issued from each person separately, entering there the amount received by him, and not the amount of the entire apartment. When writing a receipt, you can also use a computer, the main thing is that you sign it by hand and completely decipher the data.

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Author of the article Evgeny Nikitin

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

Errors when drawing up a document

Even if you have the correct format for a sample receipt for the receipt or transfer of funds, mistakes still happen. Therefore, let's look at situations that should be avoided if you want to be sure that there will be no problems.

The most common mistake is not to individualize the person who received the monetary debt. Typically, such a mistake occurs if the receipt is made by relatives or close people who believe that this is nothing more than a formality. Moreover, the name may be indicated, but there is no passport information that more accurately identifies the person.

Also, errors often concern inaccurate designation of the loan amount, interest is not taken into account, etc. As a result, when the deadline comes, the amount received may be much less than agreed upon. If the money was lent, but the borrower did not receive a receipt for the funds, the debtor can say that there really was a receipt for the loan, but the money was not transferred to him. This will make it more difficult to prove the existence of a debt. Exactly the same situation arises if the debtor returned the money, but the other party did not sign a receipt confirming receipt of the money. Unscrupulous persons may demand the debt again.

If the document does not indicate the deadlines for the transfer of money, or is stated vaguely, demands to repay the debt may be refused. Moreover, it will be completely justified. It is also advisable to indicate in the document that the money is transferred specifically as a loan, and is not payment for some service, therefore it must be returned.

When the conditions for early return of money, delays and other force majeure situations are not specified, the unscrupulous party to the transaction can turn this to their advantage. For example, the debtor will avoid meeting with the borrower so that he does not present him with a demand to repay the debt ahead of schedule.

Not a mistake, but a reason to secure a document with a notary is the case when a cash receipt is drawn up on a computer and not written by hand. The form of the document in question can be challenged, especially if the debtor actually received the money and wants to delay the time frame for its return. And if the document is written by hand, it can also be challenged. The reason for this is errors and corrections in the text.

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