Usually, asking a favor of money traded relatives, friends and close acquaintances whom we trust.But even if you are familiar with the borrower for a long time, receipt of funds, not only does not prevent, but also can protect you in case of unpleasant and unforeseen circumstances.
Why do we need a receipt?
In fact, any transfer of money derived from any transaction.Many people mistakenly believe that require a receipt for the money is only necessary if the contract was concluded orally.Even if an agreement in writing, the fact of the money is also the best record.When citizens agree on something, they have a mutual right of each other.For example, when it comes to selling an apartment, the seller must transfer property, and the buyer, respectively, to accept and to pay a certain sum of money.
However, the signature, which the parties put in the contract, testify only to its conclusion, but not on the performance.Therefore, to confirm the fulfillment of the obligations can only be by means of a payment document: receipt, order, receipt, and so on. D. If the money for the purchase of housing will receive the person (ie an individual), the receipt is made out of money for an apartment.
It should be noted that with such a document can be confirmed as the full implementation of the financial obligations of the buyer, and partial.Normally, when buying a property the parties also agree on the introduction of an advance (advance payment) or deposit.Such action is also desirable to secure with receipts.
Complex situations
As you have seen, the receipt will need to have an "iron" proof that the money was transferred.In the presence of such a document, you can protect yourself in disputes with the other party to the contract and to third parties.Many lawyers note that "fallow field" for conflicts and disputes is leased real estate market.In particular, the receipt of money is more necessary to the employer.It is no secret that many landlords refuse to make such a document with the other side for one simple reason - fear of problems with tax authorities.After all, the presence of a paper with their signature will directly reflect the fact that the contract of employment was concluded.
In connection with this situation, employers are vulnerable to the risk of just being thrown out into the street.Since the fact of payment of nowhere question unscrupulous landlord can take advantage of this situation and terminate the agreement due to alleged non-payment of lease payments.In other words, even if the apartment tenants regularly pay the rent, but the receipts were not completed, to prove that the transfer of money is quite difficult.
What to consider?
Once the parties have agreed on the design of such a document, it is important to remember the main points that should be taken into account when drafting.As if the receipt of funds will be presented incorrectly, it can lead to its cancellation, and the benefits of such paper, of course, will not.
- The first thing that must be considered: a receipt is written only to a citizen who has the authority to do.For example, if you rent an apartment, the owner of which is a mother, do not need to transfer money and receive a receipt from her husband (son, daughter).The only exception is the case when he has a notarised power of attorney.If the deposit paid by the real estate agent, make sure that it has the right to adopt appropriate deposit for an apartment.
- Another important point: the receipt of funds be written by hand, and only blue ink (not black).To issue this document in printed form is not desirable, because if, for example, one of the parties will begin to challenge his involvement in the design of receipts, it will require expert handwriting analysis.If the paper are only the signatures of the parties, an objective assessment would be quite difficult.
- in receipt unacceptable blots, corrections, erasures and a strikeout.In principle, if the document was a mistake, we can fix and arrange a footnote "Alteration".However, it is best not to risk it and rewrite the receipt again.
Sometimes when you make receipts signatures third parties that this paper has been drawn up in their presence.When sales transactions are often the purchaser signs on the back of receipts.Thus, it confirms the fact that the document was drawn up in his presence.
assure you a receipt?
Many believe that the receipt must be certified by a notary, that is fundamentally wrong.This paper is a legitimate self-contained.Neither the notary can not add to it significance.Note also that the copies of receipts (even if it is notarized copy) have no legal force.So make sure to keep it original.
Content receipts
The general structure of the document is as follows:
"I, (the passport data) received from (register from whom and his passport data) monetary amount (specific amount is written in numbers and words) rubles(mention what exactly). The amount of money received and fully material claims (to describe to any person) do not have. "
Explaining the Content
- The receipt must specify the place of its composition.Usually it registers with the left edge of the top.The date must be specified solely in words.
- Passport details are written completely.This rule applies to both citizens: the one who gets the money, and the one who sends them.
- Compulsory indicate what exactly the money transferred (for example, for a car, apartment, villa and so on. D.).It is useful to specify in the receipt details of the contract (for example, hiring contract number 36 from 03.05.2014).
- At the end of the document put name without abbreviations and corresponding signatures of the parties.
Unfortunately, not everyone understands how important a receipt.Debt and other legal actions must always be recorded on paper.
