The procedure for providing a land plot for free use. We draw up an application and agreement according to the sample

Under an agreement for gratuitous use (loan agreement), one party (the lender) undertakes to transfer or transfers an item for gratuitous temporary use to the other party (the borrower), and the latter undertakes to return the same item in the condition in which it received it, taking into account normal wear and tear or in the condition stipulated by the contract (Article 689 of the Civil Code of the Russian Federation).

Download a sample contract for free use here or at the end of the page .

Subject of the agreement

1.1. The Lender undertakes to transfer for free use to the Borrower the movable property named in Appendix No. 1 “List of Transferred Property” to the Agreement (hereinafter referred to as the Property), and the Borrower undertakes to return the Property in the manner and within the time limits established by the Agreement.

1.2. transferred for free use is the property of the Lender.

1.3. Lender (select the one you need)

• guarantees to the Borrower that at the time of conclusion of the Agreement the Property is not in dispute or under arrest, is not the subject of a pledge and is not encumbered (Sample agreement for gratuitous use) with other rights of third parties.
• notifies the Borrower that at the time of conclusion of the Agreement the Property has the following encumbrances: _________________________ (for example, “... is the subject of pledge under the pledge agreement No. _____ dated “____“ __________ _____, concluded between the Lender and _______________ (the pledgee is indicated)”).

1.4. The name, purpose, quantity, cost, accessories of the Property, as well as related documentation are indicated in the list of transferred property (Appendix No. 1).

conclusions

Thus, it becomes clear that a citizen or a company can obtain a loan for their own purposes, which comply with those prescribed by law. Example: if a person takes land and undertakes to make a place for rest, then this should happen.

In order for all obligations to be fulfilled by both parties, they need to be spelled out as clearly as possible in the contract, and without some clauses the agreement simply cannot be concluded. There is a possibility of an extension if both parties have not violated the rules.

Previously, people had the opportunity to register a plot for indefinite, lifelong use, but now an article of the Land Code has lost force, and this has become impossible.

Rights and obligations of the parties

2.1. The lender is obliged:

2.1.1. Prepare the Property for transfer, including drawing up an act of acceptance and transfer of movable property in the form agreed upon in Appendix No. 2.

2.1.2. Transfer to the Borrower the Property along with all its accessories and related documentation according to the act of acceptance and transfer of movable property (Sample agreement for gratuitous use) of property by “___” __________ 20__.

The act of acceptance and transfer of movable property, signed by the Parties, is an integral part of the Agreement.

2.1.3. Carry out at your own expense (select the one you need; if the responsibilities for performing the corresponding type of repair are not assigned to the Borrower or he is assigned responsibilities for all types of repairs, this paragraph should be deleted)

• major repairs of the Property at least _____ in _____.
• major repairs of the Property at least _____ in _____, as well as its current repairs at least _____ in _____.
• current repairs of the Property at least _____ to _____.

The right to free use of real estate

Let us consider in detail the provisions of the agreement and its sample, the gratuitous use of state real estate, what taxation applies to such transactions, and also find out whether such an agreement is subject to state registration.

Preparation of documents

In the process of drawing up the text of the agreement, it is necessary to take into account the legal requirements for a transaction for the gratuitous use of real estate, according to which the agreement must include the following clauses:

Sample signed agreement

In most situations, to conclude such a transaction, a standard sample contract is used, which is filled in with personal data and information about the housing.

The parties to the transaction have the right to change any clause of the agreement, depending on the need for specific conditions.

But any sample contract must contain the following data:

• a detailed description of the subject of the loan;
• mutual duties and responsibilities of the parties;
• actions in case of a dispute or force majeure;
• compensation in case of damage to real estate or property.

In the process of drawing up a free use agreement according to the sample, you need to very clearly describe the apartment.

This point is especially important in the case when the lender transfers for use not the entire industrial premises or housing building, but a part of it.

This requirement also applies to land plots - it is necessary to describe in great detail the territory transferred for free use.

Every point in the text of the transaction is important, from the description of the condition of the apartment or other real estate to the list of grounds for termination of the contract at the initiative of one of the parties.

Requirements regarding the safety of real estate, maintaining it in proper condition, and use for its intended purpose are standard for all contracts.

The owner of the premises must inform the borrower in advance if there are any defects or breakdowns that need to be corrected.

Indeed, in fact, if previously unknown breakdowns or defects are discovered, this may become a valid reason for terminating the transaction.

A sample agreement for the gratuitous use of a plot or premises can also be used when executing a transaction for a specific period.

In this case, you will need to accurately specify the duration of the contract.

The Civil Code of the Russian Federation also allows signing such a transaction without indicating the period of its validity. Based on this data, the contract will be considered fixed-term or unlimited.

Is registration of the agreement required?

A transaction for the gratuitous use of real estate, concluded for an indefinite period, is not subject to inclusion in the state register.

Video: income tax on gratuitous use of property, advanced training, increasing the minimum wage

An exception to this rule is a transaction for gratuitous use of a cultural heritage site; such an agreement is subject to state registration.

In accordance with the provisions of Art. 689 of the Civil Code of the Russian Federation, the rules defined in Art. 607 and art. 623, and regulate all the nuances of the relationship between the parties in the process of fulfilling the contract.

Moreover, in Art. 609 of the Civil Code of the Russian Federation states that the requirement for mandatory state registration does not apply to a loan agreement for gratuitous use.

Law N 122-FZ similarly does not require state registration for such agreements. There is no need to register either fixed-term or open-ended loan agreements.

There is also no need to register the borrower’s right to free use of the property.

Encumbrance of property rights is also not provided for by law.

In accordance with the Civil Code of the Russian Federation and Law N 122-FZ, an exception is prescribed only for cultural heritage sites that are of national importance.

Regardless of the term of the loan agreement, it is subject to state registration.

Fact of object transfer

The transfer of an apartment, land plot or other real estate object under a loan agreement must be formalized by a transfer and acceptance certificate, which is signed by both parties.

Find out what a sample contract for the purchase and sale of an apartment under a military mortgage looks like in the article: selling an apartment under a military mortgage. Whether a land plot is classified as real estate, read here.

Is it possible to deprivatize an apartment, see here.

The act records the condition of the object at the time of transfer, the lender informs the borrower about the presence of defects in the premises, if any.

Then the parties sign the act in duplicate. The property must be transferred by the owner of the property or his official representative under the transfer and acceptance certificate.

2.2. The borrower is obliged:

2.2.1. Before signing the act of acceptance and transfer of movable property, inspect the Property and check its condition.

2.2.2. Bear the costs of maintaining the Property and carry out at your own expense (select the one you need; if the responsibilities for performing the relevant type of repair are not assigned to the Lender or he is assigned responsibilities for all types of repairs, the relevant provisions of this paragraph should be deleted)

• current repairs of the Property at least _____ to _____.
• current repairs of the Property at least _____ to _____, as well as its major repairs at least _____ to _____.
• major repairs of the Property at least _____ in _____.

2.2.3. Use the Property for its intended purpose.

2.2.4. At the end of the Agreement or within _____ (__________) business days after its early termination, return the Property to the Lender (select the one you need)

• in the condition in which it was received, subject to normal wear and tear.
• in the following state _________________________.

2.2.5. Prepare the Property at your own expense for return to the Lender, including drawing up an act of return of movable property in the form agreed upon (Sample Agreement for Free Use) in Appendix No. 3. The act of return of movable property, signed by the Parties, is an integral part of the Agreement.

2.2.6. When returning the Property, return it to the Lender (select the required one or provide another condition)

• the entire set of technical documentation received from the Lender under the act of acceptance and transfer of movable property.
• originals of technical documentation received from the Lender under the act of acceptance and transfer of movable property.
• ___________________________.

Free use of property

The agreement for the gratuitous use of property (loan agreement), along with the main agreements, some of which have already been discussed, was also known in Roman law as (commodatum). Moreover, it should be noted that, unlike a number of “modernized” agreements, which include, for example, a loan, a gift, a loan, it has undergone virtually no changes. In our opinion, this is due to the fact that in an era of continuous rapid development of commercial law, its potential “area” not only has not expanded, but there are also all the reasons for its narrowing.

At the same time, it is traditionally perfectly suited to serve that area of ​​property relations between citizens that are “withdrawn from business circulation.” There is already an established application of the loan agreement. “As a rule, the parties to an agreement, before its conclusion, have a special personal relationship, the development of which involves the provision of property for free use, or the lender pursues some socially significant goals - humanitarian, educational or charitable”!

In addition, we see an updated purpose of the agreement for the gratuitous use of property. Further dynamics of macroeconomic processes occurring in the republic will inevitably lead to the formation of an updated understanding of cooperation, and ultimately it will develop at a qualitatively higher level than is usually perceived. Certain real processes are taking place in this direction, and corresponding legislative reactions are also manifesting themselves.

With the development and strengthening of horizontal ties between market entities, the formation of industry interests and certain market conglomerates, there will also be a need to transfer temporarily free inventory from one business entity to another. As a result, a gratuitous use agreement can easily coexist in the sphere of regulation of business activities and will take its rightful place “in the arsenal of civil legal instruments of the market.”

I would especially like to note the extreme loyalty of this agreement to the legal motivations for its conclusion. The agreement for the gratuitous use of property fully discloses the content of the owner’s powers and the dynamics of ownership in both the economic and legal sense. This agreement, upon careful examination, will also illustrate the possibilities of economic entrepreneurship, clothed in legal form.

This kind of comment is given in view of the fact that the legal structure of this agreement, at first glance, seems very modest, and does not have sufficient economic grounds in the modern market (we talked about this in relation to the gift agreement, the only difference is that the gift agreement does not adapted to market relations). And, of course, he loses against the backdrop of treaties newly created by the legislator, which, it would seem, reflect the latest economic processes. However, an agreement on the gratuitous use of property can also act as a technical legal instrument of the most complex and advanced forms of economic cooperation between market entities -

Under an agreement for the gratuitous use of property (loan agreement), one party (the lender) transfers the property for gratuitous temporary use to the other party (the borrower), and the latter undertakes to return the same property in the condition in which it received it, taking into account normal wear and tear, or in a condition stipulated by the contract (clause! Article 604 of the Civil Code of the Republic of Kazakhstan).

A separate chapter 31 of the Civil Code is devoted to the loan agreement. It contains articles from

604 to 615. Due to the fact that the loan agreement has significant similarities with the property lease agreement, paragraph 2 of Art. 604 contains special reference rules, according to which some provisions on property rental also apply to loan relations. Thus, in accordance with the rules on property lease, the essential terms of the agreement (Article 541) for the gratuitous use of property, the obligations of the borrower to use the property (Article 550), and the possibility of renewing the agreement (Article 558) are determined.

The loan agreement, having a content similar to the content of the property lease (lease) agreement, differs from it primarily in its gratuitous nature. In turn, this property leaves a certain imprint on the obligations of the lender, the scope of which is narrower than under a property lease agreement.

According to the legislation of the Russian Federation, a loan agreement can act both as a real and as a consensual agreement (clause 1 of Article 689 of the Civil Code of the Russian Federation). The Kazakh legislator took a different path. Despite the fact that the design of other traditionally real loan and gift agreements has undergone significant changes (now they can be either real or consensual), the loan agreement in its regulatory framework has remained a purely real agreement.

Even based on this insignificant detail, one can formulate a version that the legislator simply did not appreciate the role and significance of this agreement in modern conditions and the rules on the loan agreement ended up in the Civil Code system as a kind of “tribute to tradition.”

At the same time, based on the principle of freedom of contract and existing analogies, it is quite possible to stipulate the consensual nature of the loan agreement. The current level of development of contract law allows such interpretations. Moreover, if for agreements concluded at the everyday level, this may not be necessary, then the possible prospects for using an agreement for the gratuitous use of property may require increasing the stability of the relations regulated with its help.

A loan agreement is a mutual contract, whether it is real or consensual. This feature of the loan agreement is clearly manifested in the mutual conditionality of the rights and obligations of the parties.

Loan agreement form. The legislation does not stipulate special requirements for the form of the transaction; as a result, it is subject to general requirements. In addition, it can be noted that its real nature and content 3 facilitate the resolution of disputes, even if no written agreement has been drawn up. In particular, in certain cases, it is enough for the lender to prove the legal ownership of the property, the fact of transfer of the property to the borrower, and one can almost fully be guided directly by the norms contained in the Civil Code.

Terms of the loan agreement. The fact that an agreement for the gratuitous use of property solves the problem of transferring property for temporary use requires the use of the category of terms under this agreement. However, their use has some features compared to the use of terms under a property lease (lease) agreement. The real nature of the contract excludes the importance of the period of transfer of property. There are also no deadlines for paying rent. According to the loan agreement, we can talk about the general duration of the agreement, which is identical to the period for returning the property. Interim deadlines for the return of individual parts of property may be established.

The so-called indefinite periods are also applicable, but the possibly gratuitous nature of the use of property causes a reduction in the period of time during which the lender is obliged to notify the borrower in advance of the termination of the contractual loan relationship. And, finally, their same gratuitousness makes it quite logical to use terms under loan agreements (fulfillment of the obligation to return property) determined by the moment of demand on the part of the lender.

Before considering the elements of the loan agreement, we note that the legal definition provides for the transfer of property for temporary use, which would seem to exclude the proprietary nature of the borrower’s possession of the property. At the same time, the rights that are granted to him in relation to property indicate the opposite. Leading Kazakh civil scholars have come to the same opinion, who classify as property rights the rights to a leased thing, as well as the rights to a thing transferred on the basis of other agreements.

This entails a number of legal consequences, first of all, the borrower is provided with proprietary protection for his possession of property, the nature and methods of which are written quite fully in a number of textbooks on civil law. On the other hand, the borrower is also subject to property encumbrances for the period of validity of the agreement.

Elements of a loan agreement. Subject of the agreement for the gratuitous use of property. The subject of a contract for the gratuitous use of property can be both movable and immovable things. The determining factor, as in a property lease agreement, is that the subject of the loan agreement is individually defined non-consumable things. The term property in Article 604 of the Civil Code of the Republic of Kazakhstan is used in its narrow meaning.5 I would like to add that it is the specific features of the subject, the fact that they are always individually defined things, which at one time forced Roman jurists to create an agreement that performs, in principle, the same functions as a loan agreement ( free of charge). The peculiarities of the subject matter of these agreements influence the significant discrepancy in their content.

The parties to the agreement are the lender and the borrower. Article 605 of the Civil Code of the Republic of Kazakhstan defines some aspects of the concept of lender. An important legal requirement is that the lender be the owner of the property being transferred. The above, of course, does not exclude the possibility of being lenders and holders of other property rights. However, these entities must be authorized to do this by law or by the owner himself.

The very activity associated with the provision of property for someone else's gratuitous use does not relate to special types of activity, and as a result, lenders can be individuals: entrepreneurs and non-entrepreneurs, legal entities, both non-profit and commercial. Although there is no direct wording in the legislation on this matter, when disposing of property by non-owners, there is an invisible need to take into account the interests of the owner. In cases where the owner is the state, in derivative legal relations it is necessary to take into account its interests, which can well be defined as public, that is, public interests. Therefore, it seems that no authorized body, legal entity or individual acting in civil transactions on behalf of the state has the right to transfer property for free use. The exception is cases when, in accordance with the law, state property is specifically allocated to meet public interests (for example, nursing homes, homeless shelters, libraries and some other types of property).

In cases where we are talking about direct or indirect participation of the state in this kind of civil legal relations, it is necessary to formulate in legislation the concept of legally protected interests of the state as an owner.

At the junction with the operation of public law norms is the norm of clause 2 of Art. 605 Civil Code of the Republic of Kazakhstan. A commercial organization does not have the right to transfer property for free use to a person who is its founder, participant (shareholder), director, or member of its management or control bodies.

The legislation provides for the grounds and procedure for succession under a loan agreement, the result of which is a change in the parties. One of them is singular succession, leading to the replacement of the lender. The lender, without restrictions, may alienate the property on a permanent basis or transfer it for compensated use to a third party. In this case, the rights and obligations of the lender under the previously concluded agreement for the gratuitous use of the transferred property are transferred to the new owner or user. Thus, his rights in relation to the property are encumbered by the rights of the borrower.

When a citizen-lender is eliminated or a legal entity-lender is liquidated or reorganized, the rights and obligations of the lender under an agreement for gratuitous use pass to the heir (legal successor) or to another person to whom the ownership of the property or other right on the basis of which the property was transferred was transferred for free use.

The death of individual borrowers excludes legal succession (applies to obligations intended for them personally). It is also impossible to achieve universal succession in relation to the rights of the borrower upon liquidation of a legal entity. If a reorganization of the legal entity-borrower has occurred, its rights and obligations are transferred to its legal successor (legal entity), unless otherwise provided by the agreement.

Property improvement

3.1. Separable improvements to the Property are the property of yu (select the one you need)

• Borrower.
• Lender.

3.2. The Borrower has the right , with the written consent of the Lender, to make inseparable improvements to the Property. After termination of the Agreement (select the one you need)

• The Lender is obliged to reimburse the Borrower for the cost of inseparable improvements.
• the cost of inseparable improvements is not reimbursed to the Borrower.

Responsibility of the parties

4.1. For violation of the terms of transfer (return) of the Property, the Party that violated the Agreement is obliged to pay the other Party (at its request) a penalty (penalty) in the amount of _____ (__________) percent of the cost of the Property not transferred on time for each day of delay.

4.2. The Party that fails to fulfill or improperly fulfills its obligations under the Agreement is obliged to compensate the other Party for losses.

4.3. In all other cases of failure to fulfill obligations under the Agreement, the Parties are liable in accordance with the legislation of the Russian Federation.

Force majeure circumstances (force majeure)

5.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment turned out to be impossible due to force majeure, i.e. emergency and unavoidable (Sample contract for free use) under these conditions circumstances, which mean: _________________________ (prohibited actions of the authorities, civil unrest, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters).

5.2. The Party is obliged to notify of the occurrence of these circumstances within _____ (_________) business days.

5.3. A document issued by _________________________ (authorized government body, etc.) is sufficient confirmation of the presence and duration of force majeure circumstances.

5.4. If force majeure circumstances continue to apply for more than _____, then each Party has the right to unilaterally withdraw from the Agreement.

Agreement for free use of residential premises - form and contents

Agreement conditions

Free use of an apartment (other housing) is often confused with rental and rental agreements. However, this is a separate type of transaction that has its own characteristics.

According to the Civil Code, free use (loan) involves the transfer of a thing for temporary use.

The object of this agreement may also be residential premises. The document itself must be drawn up correctly, contain all the necessary conditions, and not contradict the law.

It is equally important to include all essential mandatory terms in the agreement. For a loan, such a condition is its subject. In the absence of a provision on the subject, the loan agreement will not be concluded.

An equally important condition for this type of transaction is the absence of payment. A loan always implies gratuitousness, the absence of any payment for the use of the premises.

Typically the structure of this agreement is as follows. First of all, you need to indicate its name, date and place of completion, and the parties entering into the transaction. By law, they are also called the lender and the borrower.

Duration, modification and early termination of the contract

6.1. The contract has been concluded (select the one you need)

• for a period up to “___” __________ _____ If the Borrower continues to use the Property after the expiration of the Agreement in the absence of objections from the Lender, the Agreement is considered renewed on the same terms for an indefinite period.
• For undefined period.

6.2. All changes and additions to the Agreement are valid if made in writing and signed by the Parties. The corresponding additional agreements of the Parties are an integral part of the Agreement.

6.3. The Agreement may be terminated early by agreement of the Parties, or at the request of one of the Parties in the manner and on the grounds provided for by the legislation of the Russian Federation.

Dispute Resolution

7.1. All disputes related to the conclusion, interpretation, execution and termination of the Agreement will be resolved by the Parties through negotiations.

7.2. If an agreement is not reached during negotiations, the interested Party shall submit a claim in writing, signed by an authorized person.

The claim is sent in any of the following ways:

• by registered mail with acknowledgment of delivery;
• courier delivery. In this case, the fact of receipt of the claim must be confirmed with a receipt, which must contain the name of the document and the date of its receipt, as well as the surname, initials, position and signature of the person who received this document.

The claim entails civil consequences for the Party to which it is sent from the moment it is delivered to the specified Party or its representative. Such consequences also arise in cases where the claim was not served on the addressee due to circumstances beyond his control.

The claim is considered delivered if it:

• received by the addressee, but due to circumstances depending on him, was not delivered or the addressee did not familiarize himself with it;
• delivered to the address indicated in the Unified State Register of Legal Entities or named by the addressee himself, even if the latter is not located at such an address.

7.3. The claim must be accompanied by documents substantiating the demands made by the interested Party (if the other Party does not have them), and documents confirming the authority of the person who signed the claim . The specified documents are submitted (Sample agreement for free use) in the form of duly certified copies. A claim sent without documents confirming the authority of the person who signed it is considered unsubmitted and is not subject to consideration.

7.4. The Party to which the claim is sent is obliged to consider the received claim and notify the interested Party in writing about the results within ___ (_____) business days from the date of receipt of the claim.

7.5. In the event of failure to resolve disagreements through the claim procedure, as well as in the event of failure to receive a response to the claim within the period specified in clause 7.4 of the Agreement, the dispute is referred to the court at the location of the defendant in accordance with the legislation of the Russian Federation.

Sample contract for free use

Advice from lawyers:

1. Sample of the witness report and free use agreement. How should I fill it out?

1.1. Good afternoon, to receive detailed recommendations on this issue, please contact the lawyer of your choice by email or by phone. And clarify everything.

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2. Sample: AGREEMENT FOR FREE USE OF PREMISES AT YOURSELF (LLC)

2.1. Good evening. Get a sample on the Internet. The tenant is an individual, the lessor is a legal entity.

Did the answer help you?YesNo

3. Sample agreement for the gratuitous use of property between spouses.

3.1. Hello! Samples are for a fee only.

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3.2. The contract is drawn up in free form. You can use any sample on the Internet as a basis.

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4. The house in which I am registered was sold 4 years ago by my ex-wife. I have been living with my mother since then. I don't have any property. Bailiffs may come to the mother's house. How can I protect her property from being seized? I heard that it is possible to draw up an agreement on the free use of property, how to do this, is there a sample and does this agreement need to be endorsed somewhere?

4.1. The agreement does not need to be registered or certified anywhere.

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4.2. Hello Andrei! Yes, you can draw up such an agreement in simple written form. The mother can prove ownership with checks for things.

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5. I work at the Institute, we have an office equipped as a first-aid post, according to the letter on the procedure for agreeing on the transfer of federal real estate for free use, we need a draft agreement for free use of a standard form of a lease agreement, drawn up by the Ministry of Economic Development of Russia in accordance with the Decree of the Government of the Russian Federation dated 26 ,02,2010 No. 96. Question: where can I find such an agreement, or maybe you have a sample?

5.1. Have you tried contacting TU FAUFI?! They are the owners and they will agree on the contract. The form of the agreement can be found on the Internet; another question is whether the Federal Property Management Agency will approve it.

Did the answer help you?YesNo

5.2. They would have found it, but you incorrectly indicated the Government decree. The one you are writing about approves the rules and methodology for conducting anti-corruption examinations of regulatory legal acts and draft regulatory legal acts. If, on the basis of this resolution, the Ministry of Economic Development approved a standard agreement, you need to know the details of the order of the ministry that approved this agreement.

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6. We have entered into a free use agreement (approval has been completed at the Ministry of Property) for one sports facility (swimming pool), but we want to draw up an additional one. an agreement that under this agreement the Lender transfers, in addition to other sports. Object (gym). How to correctly formulate this point correctly in additional. agreement? If possible, reset a sample of such an add. agreements... Thank you in advance.

6.1. Hello! To add. agreements are subject to the same requirements as for the main agreement - written form, and, if the agreement was registered with Rosreestr, then additional. the agreement must be registered. As for the wording, it’s something like this: 1. preamble - add. agreement No. __ dated __, city, the parties indicate as in agreement 2. then clause 1 “The parties agreed on the additional transfer of real estate (indicate all details in full, including address, cadastral number of the property), in connection with which they decided to make changes to the subject of the agreement, setting it out in a new edition: “... (and rewrite the subject of the agreement taking into account the second object). 3. general provisions on the validity period of additional supplements, etc. 4. details and signatures of the parties 5. ACT OF ACCEPTANCE - TRANSFER of the object (second), also with the signatures of the parties.

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7. We need a sample form of an agreement for the free use of an apartment with the right to sublease.

7.1. Good afternoon I advise you to look for a contract form that is suitable for you on the Internet, or seek help in drafting it from a lawyer.

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8. Please, I am drawing up an agreement on the free use of residential premises for myself and my minor son, how can I sign for it, if possible, send me a sample!? Thank you!

8.1. Document preparation is a paid service.

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9. The Ministry of Property transferred to the state-owned enterprise for free use a part of the real estate on the balance sheet of the budgetary institution. What kind of agreement should be drawn up (and if there is a sample) for reimbursement of utilities that should be paid by a state-owned institution to a budgetary institution?

9.1. There is no such agreement; the government institution must renew its obligation to pay for utilities on the basis of an agreement on free use. By the way, such a provision should have been included in the said agreement initially.

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10. A sample agreement for the free use of an apartment (part of an apartment) is required, concluded between the main tenant (the apartment is not privately owned) and the tenant.

10.1. Good afternoon. Search on the Internet.

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11. How best to draw up a lease agreement for the free use of part of the attic space. If possible, please attach a sample contract.

11.1. Hello! Look for samples on the Internet - lawyers draw up documents for a fee.

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12. Is it possible to conclude an agreement for the free use of non-residential premises between an educational organization and DOSAAF for conducting sports activities for DOSAAF employees. In this case, does clause 3.2.Article 17.1 of Federal Law 135 on protection of competition apply or otherwise? And if so, is it possible to obtain a sample contract and where to apply.

12.1. Yes, you can enter into an agreement.

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13. I am the sole founder of a newly registered LLC. legal address is an apartment that I own. To open a current account, the bank requested a lease or free use agreement between me as an individual. person and LLC. Please tell me if there are any subtleties, and if there is a sample for this case. Thank you.

13.1. All apartment owners must sign this agreement. Look for samples on the Internet, or better yet, contact a lawyer with the documents - he will draw up all the “subtleties”.

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13.2. Instead of a contract, provide the bank with a certificate of the event for the apartment.

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14. I have a favor to ask you! We need a sample agreement for the free use of residential premises for registration! Help if possible!

14.1. Anya, there are no high-quality samples, everything is individual.

Did the answer help you?YesNo

15. I am the director of a state-owned cultural institution and I want to rent out a classroom for free use for a period of one year for a music budget school. Is a regular sample contract for the free use of a knife suitable? help? Is it necessary to draw up a transfer and acceptance certificate for the knife? help.? And the next question - is it possible to replace the word Lender in the agreement with the institution in which I am a director?

15.1. I am the director of a state-owned cultural institution and I want to rent out a classroom for free use for a period of one year for a music budget school. - the sample will be suitable in that case. If the charter of the educational institution. The premises are available for rent.

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16. For what period can an Agreement for the gratuitous use of non-residential premises be concluded between a municipal educational institution (Lender) and a non-profit public organization of aviation veterans (Borrower), based on a standard agreement?

16.1. The maximum term is not established by law.

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16.2. The Civil Code of the Russian Federation does not limit such agreements to terms; it can be concluded for any period.

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17. The director of an LLC wants to rent out his garage as a warehouse for the free use of his LLC, I would like to find a sample of such an agreement and in the future the directors will not have to pay any taxes? Thank you in advance.

17.1. It is advisable for your organization to hire a lawyer for consultations, based on: 1 day of subscription service = 1000 If you need help, you can coordinate the time of the visit by calling 9132631511

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17.2. In your case, the transaction will be recognized as concluded between interdependent persons (Article 105.1 of the Tax Code of the Russian Federation) If in transactions between interdependent persons commercial or financial conditions are created or established that are different from those that would take place in transactions recognized in accordance with section V.1 of the Tax Code of the Russian Federation are comparable between persons who are not interdependent, then any income (profit, revenue) that could have been received by one of these persons, but due to this difference was not received by him, is taken into account for tax purposes for this person. If the federal executive body authorized for control and supervision in the field of taxes and fees detects an understatement of the income of individuals, adjustments are made to the corresponding tax bases.

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18. My friends want to live in my household for an indefinite period. Please tell me, can you send me a sample Agreement for the free use of home ownership without specifying the period of use?

18.1. Sample documents are not provided on the website.

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18.2. Contact any law firm.

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19. Is it possible, and how, if possible, (sample) to conclude an agreement on the free use of non-residential premises between a municipal budgetary institution and a charitable organization?

19.1. Hello, Ksenia! According to Art. 421 Civil Code of the Russian Federation and Art. 209 of the Civil Code of the Russian Federation you can. Contact us.

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20. We need a sample agreement for the free use of residential premises for an individual entrepreneur after receiving a temporary residence permit. How to formulate it correctly according to the law? (I don’t understand the item registered at the address. In Russia? And how to correctly specify the period for which the IC will be registered in order to satisfy the Moscow Federal Migration Service)

20.1. Anna, drafting contracts, is a paid service. You can contact any specialist you like for it.

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Do I, as the owner of an apartment, need to come to the Federal Migration Service in order to give my consent to registration at the place of stay?

Where can I find a sample agreement for the free use of an apartment?

The subject is an agreement for the free use of residential premises. Tell me where I can find high-quality contract samples... as indicated in the topic.

When renting out an apartment, what is the best and correct way to draw up a free use agreement or agreement?

When renting out an apartment, what is the best way to draw up a free use agreement or agreement? Is there a sample of what it should look like? Please give me a link.

We need a good sample agreement for free use associated with the alienation of real estate.

I want to conclude an agreement for the free use of my privatization. An apartment.

Can an agreement for the gratuitous use of an apartment be indefinite if the borrower is not a spouse or relative?

Question for Elena Gennadievna Corner. Dear Elena Gennadievna, my question number 95017 was answered, but it requires some explanation.

Yulova Elena Gennadievna! Thanks for the answer. Please send a sample contract for free use to [email protected]

Question for Elena Gennadievna Corner. Dear Elena Gennadievna, I read the answer to question No. 94207 on the website,

Final provisions

8.1. The Agreement comes into force from the moment it is signed by the Parties.

8.2. Unless otherwise provided by the Agreement, the Parties may send notices and other legally significant messages by fax, e-mail or other method of communication, provided that it allows one to reliably determine who the message came from and to whom it was addressed.

8.3. The Agreement is drawn up in two copies , one for each of the Parties.

8.4. to the Agreement:

• list of transferred property (Appendix No. 1);
• act of acceptance and transfer of movable property (Appendix No. 2);
• act of return of movable property (Appendix No. 3);
• ________________________________.

Addresses and payment details are filled in at the end of the agreement on the last page. Where the name of legal entities, location, TIN/KPP, OGRN, etc. are indicated.