How to draw up a transfer and acceptance certificate - sample form

For what purpose is an act of acceptance and transfer of goods drawn up?

The acceptance certificate is a document drawn up upon receipt of the purchased products by the buyer. It confirms the fact that the customer does not have any questions or complaints regarding the condition of the goods, their integrity, quantity, etc.

At the legislative level, there are no restrictions regarding persons who have the right to draw up such documents. As practice shows, the act is most often used in transactions made by legal entities and individual entrepreneurs among themselves or with buyers represented by citizens. The law does not prohibit the use of a document by individuals when concluding transactions between themselves, but this is rare.

The act must be drawn up immediately upon transfer of the goods to the customer and upon receipt of funds (if payment has not been made earlier).

IMPORTANT:

Technically, the act can be drawn up before the moment of transfer, but it will not have legal force until the signature of the recipient of the product is affixed to the document.

The act of accepting the transfer of an apartment in a new building: What to pay attention to

Half of the investors are sensitive to the points where they waive claims regarding the quality of construction and the timing of the transfer of the apartment. They start making noise, saying that the developer is a bastard and is depriving them of their rights. I’ll tell you how it is: all these points are not worth a penny. They do nothing but intimidate. How?

Why is this act bad? If the developer is a bastard, he will blackmail him into giving up the penalty . After all, you signed the transfer and acceptance certificate, the date in it is open, but you do not have the certificate. Consequently, when you want to accept the apartment, the developer will say: sign an additional agreement waiving the penalty. And if you refuse, he will argue that he will not hand over the acceptance certificate.

How to correctly draw up a goods acceptance certificate

The act of acceptance and transfer of goods must be drawn up in at least two copies - one for each party to the contract. If there are third parties interested in the transaction, it is allowed to publish the document in three or more copies.

IMPORTANT:

It is important to compose exactly two originals. You cannot prepare one document, certify it with signatures, and then copy it on a photocopier and give it to the other party to the transaction. In this case, the document will be invalid and cannot be used as evidence confirming the fulfillment of obligations under the contract.

Form of the act

The transfer and acceptance certificate is an optional document. At the legislative level, organizations, individual entrepreneurs and citizens should not always use it when making transactions. Often, the parties make do with drawing up a regular consignment note drawn up in the TORG-12 form.

However, if the subject of the transaction is something expensive or the internal policy of one of the parties implies the use of an act, then it is drawn up.

Due to the fact that the acceptance certificate is not a mandatory document, the law does not regulate any unified form that the parties should use.

Each organization, individual entrepreneur or citizen has the right to use its own form or draw up an act in free form, subject to compliance with the rules for maintaining official documentation.

Act of acceptance and transfer of material assets

The content of the act on receipt of any material valuables should contain several sections:

Who should sign the apartment acceptance certificate first?

The procedure for fulfilling the developer’s obligation to transfer a shared construction project is determined by the rules of the Federal Law of December 30, 2004 No. 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation” and can be specified in a participation agreement in shared construction. Art. 6 of this law, the developer is obliged to transfer the shared construction object to the participant in shared construction no later than the period stipulated by the contract. The website discussed in some detail issues related to changing the deadline established by the contract and the procedure for such a change. See about this https://protection-shareholders.rf/help/119-0084https://protection-shareholders.rf/help/10-0017

The general procedure for transferring a shared construction project is determined by Art. 8 of the said law, according to which the transfer of a shared construction object by the developer and its acceptance by a participant in shared construction are carried out according to a transfer deed or other transfer document signed by the parties. In this case, the transfer of a shared construction project is carried out no earlier than after receiving, in accordance with the established procedure, permission to put into operation an apartment building and (or) another real estate property.

We recommend reading: Young Family Program in the Rostov Region 2020

Step-by-step guide to writing a deed

When writing an act, it is recommended to consistently follow the algorithm:

1. Filling out the details section.
2. Entering information about the subject of the transaction.
3. Certification of the document with seals and signatures.

Information about the parties to the agreement

Information about the parties to the transaction and their details are entered in the first section. It consists of two blocks:

• "a cap";
• main text.

The header contains the following information:

• document number used for its registration in internal accounting;
• number of the agreement to which the act is an annex, and the date of its conclusion;
• date of writing the act.

The main part contains detailed information about the parties to the transaction:

1. For legal entities:
   full name of the organization;
2. enterprise registration form;
3. Full name of the head;
4. Full name and position of the person authorized to issue and sign this kind of document, as well as details of the document giving the employee the rights to certify acts of acceptance and transfer of goods;
5. registration number with the Unified State Register of Legal Entities (affixed only by agreement of the parties, not required).

If the transfer of products or goods is carried out within the jurisdiction of one organization, for example, from the head office to a representative office or branch, etc., then the details must indicate the full name and other data of a specific division of the legal entity.

2. For individual entrepreneurs:

• Full name of an individual entrepreneur;
• individual entrepreneur registration number in the Unified State Register of Individual Entrepreneurs (entered if both parties need it);
• Full name and position of the person responsible for signing the act, number and name of the local document of the organization, on the basis of the publication of which the employee is vested with such powers (this can be an order, job description, separate order, extract from the charter, power of attorney certified by notarial procedure, etc.)

3. For citizens: only full name is indicated.

Conditions

The following information is sequentially entered into the conditions section:

1. Details of the document confirming the fact of the transaction.
2. Text reflecting the fact of transfer of goods.
3. Table with information about the products being transferred.
4. Total transaction value.
5. Provisions on the condition of the goods (can be implemented in the form of a list from which the buyer selects items that satisfy him, or can be made in the form of empty lines that are filled in by the receiving party);
6. Provision on the absence of claims to the accepted goods.

List of goods

The table with information about the products is filled out in the following diagram:

Signatures of the parties

At the end of the document, the signatures of each interested party and the date of certification of the act are affixed. Each copy must be signed manually by the person responsible for receiving the goods. There are no additional conditions regarding the pens and ink that must be used.

IMPORTANT:

After affixing signatures and seals, the seller and the person delivering the goods (if any) are relieved of all responsibility for safety. If after this the buyer discovers defects that do not satisfy the terms of warranty service, then it will not be possible to file any claims through the court or exercise the right of free replacement or repair.

Until 2020, organizations were required to use company seals or stamps when certifying official documentation of the organization, which also applied to acts of receipt of goods. However, as of 2020, this rule has been abolished. Now, whether to use seals or not is up to the parties to the transaction to decide. If there are no mutual claims on both sides regarding their absence, then stamps do not need to be used.

Who approves the transfer deed and why?

One of the main difficulties in reorganizing an enterprise is drawing up a transfer act, since no legal act provides clear instructions in this case.

Why is a transfer deed necessary?

Drawing up a transfer act is necessary when reorganizing a company; it reflects the full scope of the enterprise’s obligations, which are transferred to the newly created enterprise in the process of reorganization. In addition, the deed of transfer reflects the disputed obligations. It should be remembered that the rights and obligations that the reorganized company acquired after the transfer deed was drawn up, but before the reorganization was registered, are also subject to inclusion in the transfer deed. If the transfer act does not contain a provision on the transfer of obligations to the reorganized company or the transfer act is not submitted for state registration, then the tax authorities may refuse to register the reorganization.

What information must be included in the transfer deed?

The transfer act must reflect all the rights and obligations transferred from the reorganized company to the newly created one. The transfer is expressed in the form of assets and liabilities of the reorganized enterprise, as well as their components. It is necessary to indicate the total amount of assets and total amount of liabilities. It is better to decipher assets and liabilities in the appendix to the act.

When is it necessary to draw up a deed of transfer?

As we have already noted, the transfer act is drawn up during the reorganization of the enterprise. When merging, the transfer act is drawn up only by the organization that is merging. During a merger, all organizations approve the transfer deed. During the transformation, the transfer deed is drawn up by the company being transformed. This form of reorganization is now especially relevant in connection with the September amendments to the Civil Code of the Russian Federation. Many companies are now seeking to undergo the procedure of transformation from a closed joint stock company to an LLC.

Who approves the transfer deed in the company?

The transfer act is approved on the basis of a decision of the founders of the enterprise or a decision of another body that considered it necessary to carry out the reorganization procedure. In unitary enterprises, the act is approved by the decision of the property owner. The issue of approval of the act must be included in the agenda at the general meeting. Controversial situations arise when it is necessary to indicate the date of approval of the transfer deed. Some believe that the approval of the transfer act must be carried out on the same day when the decision on reorganization is made. Others believe that the transfer deed is approved by a separate protocol of the general meeting. This position seems to be the most correct, since it is precisely this that is supported by the Ministry of Finance, which notes that the transfer act can be approved during the entire period of the company’s reorganization. The best time to approve the transfer deed is the end of the reporting period.

Who signs the deed of transfer?

The law does not regulate the issue regarding the signature on the transfer deed. With different forms of reorganization, the signature on the transfer deed is carried out by different persons. During a merger and transformation, the transfer deed is signed by the head of the organization transferring its assets and liabilities. In this case there is no need to submit and accept documents. Upon merger, the transfer deed is signed by both the head of the company being merged and the head of the company to which the merger is being carried out.

The deed of transfer is a very important document during reorganization, since it is on it that legal succession is carried out. Accordingly, no registration authority will accept documents for registration of reorganization without a transfer act.

Form for acceptance and transfer of goods (download)

There is no universal form for drawing up the act. Organizations use independently developed samples or draw up a document in free form. Therefore, finding a universal form that would satisfy the requirements of all enterprises is not possible.

Sample form:

.

Regardless of the external design of the form and the layout of the form used, when entering information you must follow the following rules:

• corrections, errors, typos in the content and other shortcomings may lead to the fact that the document becomes invalid from a legal point of view, and it cannot be used as evidence of completion of the transaction - errors and omissions are unacceptable;
• all details of the parties must be entered exactly as they are indicated in the passport - for citizens, in the Unified State Register of Legal Entities - for individual enterprises, in the Unified State Register of Legal Entities - for organizations;
• All information that is filled out directly during the procedure for transferring goods must be entered in writing; these lines cannot be printed in advance.

Form

The law does not provide for the use of a unified form for drawing up an act. Therefore, it is allowed to draw up the document in a free style. Some companies develop a special template for this purpose, using it exclusively.

If you choose the free form option, it is recommended to use a regular A4 sheet. You need to understand that both parties must receive confirmation that the transfer of documents has taken place. Naturally, for this, the act must have two copies, each of which is signed “live” by the company’s managers. Such signatures cannot be avoided even in situations where the document was filled out using a computer.

( Video : “Legal documents Act of acceptance of transfer”)

How long do you need to keep the document?

The certificate of acceptance and transfer of goods should be kept for at least four years. Moreover, the countdown begins from the moment when the tax period in which the transaction was completed ends. That is, if the purchase of something by an organization was made in July 2020, then the countdown of four years will begin on January 1. 2021, accordingly, the act will need to be stored until January 1. 2025

This requirement is regulated in paragraphs. 8 of the first paragraph of Art. 23 of the Tax Code of the Russian Federation dated July 31, 1998, as last amended on July 20, 2020. The provision applies to all documents that are necessary for maintaining tax records. An act of acceptance of goods is such.

Common mistakes on the topic

Error: The opinion that the act of acceptance of goods is a replacement for a contract or invoice.

The act of acceptance and transfer of products is an additional document. It is used in situations where the recipient needs additional guarantee that the goods he purchased will be delivered intact in full, or when the seller requires accurate reporting. The act cannot replace the contract on the basis of which the transaction takes place and the invoice describing all goods at the time of their dispatch.

Answers to frequently asked questions

Question: How long should an individual keep a deed?

Answer: Drawing up acts between citizens is a rather rare practice. However, the rules regarding shelf life are the same for everyone, regardless of status. The certificate must be kept for at least 4 years.

Question: Is it possible to find the form for the act online?

Answer: Yes, you can. However, it should be understood that there is no unified form for drawing up an act of acceptance of goods. Therefore, when downloading any sample from the Internet, before using it, you need to make sure that the document is correct, that all necessary sections are present, and, if necessary, make adjustments.

Shelf life

Some may think that if you can do without drawing up a document, there are no rules regarding the period of its storage. However, this is a misconception. The deadline is not defined by law. As a rule, documents of this kind must be stored in accordance with the internal rules of the enterprise. But at the same time, their shelf life must be more than five years.

The act of acceptance and transfer of project documentation is a special document that reflects the fact of acceptance/transfer of the project from one person to another, most often from the designer to the customer. The design documentation itself is a set of documents that contain information in text and graphic form that defines various solutions (structural, technological, engineering, architectural, technical) to ensure construction and restoration work, as well as major repairs of building elements (structures).

This is important to know: One-time payment to pensioners: how to get it, who is entitled to it in 2020, how much it is

The transfer of the finished project must be carried out taking into account the correct preparation of the form in a form that is approved at the legislative level. Below we will consider why and to whom the papers are transferred, how this happens, and what to consider when drawing up the transfer and acceptance certificate.