Transfer of exclusive rights under the contract for the development of project documentation

General information

If you need to officially transfer any value: an apartment, a car, a shipment of goods, equipment or a family heirloom, a special and universal document will help you - an act of acceptance and transfer of property. Most often, this situation arises when selling or buying. The document records that what is being transferred (or sold) is in proper condition, the parties have no claims against each other, and the transfer has been completed.

Purchasing is not the only use case for this universal document. It also applies if a person gives out property for rent or temporary use free of charge, expecting that what is transferred will then be returned intact.

The transfer of values is carried out within the framework of some agreement (for example, a purchase and sale agreement). When filling out the act, you must refer to it, but about filling it out a little later.

When and why is an inventory of property carried out?

If you decide to declare yourself bankrupt in order to get rid of overwhelming debts, be prepared for unpleasant procedures. You will be checked for recent transactions, as well as their dishonesty or fictitiousness. In addition, the financial manager will also take care of your property.

Inventory of the debtor's property

in case of bankruptcy of an individual, this is a document, not a procedure. It records what property the debtor owns, on what grounds and other important data. In bankruptcy, the inventory plays one of the key roles, and without it it will not be possible to carry out the procedure. But you shouldn’t expect that someone will do all these difficulties without you - you won’t be able to sit idly by.

When is the property inventory submitted?

If the debtor himself decides to become bankrupt, he submits the inventory personally, along with an application and other documents, to the arbitration court. Note that in 94.5% (according to statistics for 2021), debtors themselves initiate their own bankruptcy.
If the creditors decide to bankrupt the debtor, the inventory of the property falls on the shoulders of the financial manager. This document is drawn up during the sale of property - 1-2 months from the start of the trial. This approach is logical, because creditors cannot know how much property a person has accumulated.

Accordingly, even if the debtor has no property at all, the financial manager is obliged to draw up an act. It will be attached to other case materials.

But here is an important point - the debtor is obliged to draw up a list of property himself and transfer it to the financial manager.

No one will break down your doors in the middle of the night, destroy your apartment in search of hidden valuable collections and scare children, cats and neighbors. The procedure has a civilized veneer and is practically “voluntary-compulsory”.

At the property valuation stage, which follows the inventory, the financial manager will personally inspect the property included in the document. In some cases, independent experts are involved in the case. They are needed to correctly evaluate rare, antique or expensive items.

How to compose correctly

There is no single form for the act of acceptance and transfer of property, so you can write the paper yourself, for a specific case. Since property varies in configuration, functionality, and other properties, the document will look a little different each time. But this is particular. Each act has mandatory elements. Here is a universal scheme:

Name of the document, place and date of signing
Factual part and inventory
Signatures of the parties

If you are transferring or accepting real estate, we recommend that you draw up a deed in a special form, which will include space to indicate the address, area and other properties of the property. The main thing is that the information is detailed and excludes questions.

What happens if the property has already been seized by bailiffs?

Citizens often enter into bankruptcy with open enforcement proceedings. Let’s say that the banks went to court a long time ago, the bailiffs at the place of registration seized the apartment, seized the accounts... What will happen?

The Bankruptcy Law provides that from the moment the sale of property begins, enforcement proceedings are suspended. That is, the arrest is immediately lifted and write-offs are stopped.

Further:

property that was seized by the FSSP is included in the bankruptcy estate;
the financial manager conducts the assessment;
auctions are organized;
settlements are made with the proceeds: remuneration to the financial manager, legal expenses are paid, and claims of creditors are repaid; if necessary, the share is returned to the second spouse.

If after settlements there are still debt obligations, they must be written off. In general, the procedure will take 8-9 months.

Do you need legal advice regarding bankruptcy? Contact us, we will help you draw up an inventory or prepare other documents to write off overdue loans to zero.

We will write off debts through bankruptcy with a guarantee

Our lawyer will call you in a few minutes and answer all your questions

FAQ

Will my apartment be included in the property inventory?
I only have a one-room apartment, inherited from my grandmother, and I have a debt of 4 million. I want to go bankrupt. Yes, you definitely need to list ALL your property. The inclusion of an apartment in the inventory does not mean that it will necessarily be taken away - it will be recognized as the only housing and will not be able to participate in the auction (if you have no other property, then there will be no auction either).
Should credit card balances be included in the property inventory? I have 3 thousand rubles there, and the amount of debt on my credit card is 24 thousand rubles.
You can indicate them, but the main thing is to indicate the full amount of debt on the card. It is important not to use money after the inventory. They should be there. After the bankruptcy procedure begins, you will need to transfer this card with the balance to the financial manager for blocking.
My mother wants to go through out-of-court bankruptcy. She has closed enforcement proceedings, the debt is 125 thousand rubles. Does she need to make an inventory of her property?
If a person applies for an out-of-court procedure, he will need a list of creditors and debt obligations, and not an inventory of property. You need to contact the MFC and clarify the details. There are samples online too.
My car was seized for child support. Should it be included in the inventory, and will I be able to get rid of debts in bankruptcy?
No, if you only owe alimony payments, then there is no point in going to arbitration court. Alimony falls into the category of “non-dischargeable” debts—bankruptcy will not help here. And yes, the car is included in the inventory, even if an encumbrance is placed on it.

How to fill it out correctly

Let's start, as always, with the name. Write down in it what specific property you are transferring or receiving, for example: “Deed of acceptance and transfer of a BMW motorcycle.”

Designate the parties: all details of the participants, including passport details.

Then describe the property in as much detail as possible. If necessary, provide serial numbers and other details. Refer to the main document of the transaction - for example, a purchase and sale agreement. Write that the property is in good condition and the parties have no claims against each other.

As a result, the document should be both quite detailed and quite short, conveying only the essence.

If there is a discrepancy

The act of acceptance implies that both parties are satisfied. But the act does not always happen. Therefore, sometimes a sample report of shortage of goods upon acceptance is needed. If there are discrepancies in the quantity and quality of products, use the TORG-2 form. They are relevant for both internal accounting and tax accounting.

This document is the basis for filing a claim against the seller. You can go to court with him or demand compensation provided for in the contract. If there are no comments on a part of the product, then it is not indicated in this act. The quantity of products, the condition of the goods and packaging, and the presence of seals are displayed.

A prerequisite is the collection of a commission. It includes representatives of the seller, buyer, carrier company, and the person accepting the goods for storage. If there is no seller, you can hire a person from an independent organization.

What to pay attention to

The act is drawn up and signed in two copies. It is sealed with signatures and, if necessary, seals. It makes sense to attach your copy to the relevant agreement and keep the papers together.

When you are the recipient of the property, thoroughly check its declared contents and functionality. Once signed, you have no one to file a claim with. If you find a defect, it must be reflected in the deed, which will not necessarily be grounds for refusing the transaction, but will most likely help reduce the price.

Principles of operation of acts of acceptance and transfer

This is an important document because it presents facts about the quality of services or goods, as well as the regulation of issues that arise. The date of transfer is indicated, and until which the period of use of the items of the contract is valid.

Reference! The paper is drawn up as an appendix to the main contract, stipulating data on violation or compliance with the terms of the relationship.

Several principles of operation of the compiled paper:

Each transaction begins with the preparation of contracts and acts, that is, the obligations of the contractor are set out in these documents.
The acts take into account documentary evidence for each contract procedure, condition, quality and quantity of property.
This is the only argument indicating the transfer of goods, services, assets and other funds to another person. From the moment of signing it comes into legal force , and the new owner has the right to use and is responsible for the possession entrusted to him.

How to draw up for the reception and transfer of material assets

The next option is the transfer of property within the organization: from one financially responsible person (hereinafter referred to as the MOL) to another or from the organization to an employee. In this case, it is necessary to draw up a document. This can be done in any form with the obligatory indication of the date of the procedure, the name of the items of transfer, their quantity and the persons to whom the values are transferred. If the transfer occurs from one MOL to another, new one, then an agreement on individual (or collective) financial responsibility must be signed with the second one. One copy is at the MOL, the second is in the accounting department.

The transfer of material assets for temporary storage should be formalized with paper confirming that the inventory assets have been transferred for storage. For this purpose, a unified form MX-1 has been created (OKUD code 0335001), which is not mandatory for use, but is very convenient to use, therefore it is widely used in budgetary organizations.