The act of acceptance and transfer for rent of real estate (non-residential premises, buildings) in the Shakhovsky district of the Moscow region. How to draw up a deed of transfer of real estate under a contract of sale? The procedure for the delivery and acceptance of property The procedure for the delivery and acceptance of real estate
The purchase and sale of an apartment is a fairly common civil law transaction. On the basis of this agreement, the buyer acquires an apartment and pays a certain amount of money for it, and the seller transfers his ownership right to him for the amount specified in the agreement.
Features of compiling a document
Some articles of the Civil Code of the Russian Federation are devoted to this civil law transaction. In particular, these legal relations are governed by the general provisions on the sale and purchase (art. -), as well as art. - which are devoted to the purchase and sale of real estate.
Legislation also regulates the transfer of real estate to the buyer. In particular, it states that the transfer of real estate is carried out on the basis of a deed of transfer or other similar document signed by the parties to the agreement.
Signing of the acceptance certificate
The presence of a signed contract for the sale of an apartment does not yet indicate that the apartment was transferred to the seller.
Important! The current legislation states that the ownership of real estate arises after state registration. Accordingly, the buyer becomes the full owner of the apartment only after state registration and obtaining a certificate of ownership for this apartment.
But even the presence of state registration does not indicate that the apartment was transferred to the buyer. Indeed, in practice, there are often cases when the buyer and the seller sign an appropriate agreement, the seller receives the agreed amount, and the buyer's property right receives state registration, but by joint agreement the seller continues to live in the apartment for a certain time. Of course, such a provision should be provided in the text of the sale.
But the fact of the transfer of the apartment to the buyer is confirmed by signing the relevant act of acceptance and transfer of the apartment.
The legislation does not establish any form of this document. It can be in any form. But certain information must be written in the text of the acceptance certificate. In particular, the text of the act must contain the following information:
- data of the parties (name, address, passport data);
- data of the representative, if instead of the party to the contract the act is signed by his representative (in this case, it is also necessary to indicate the number and time of execution of the power of attorney);
- place and time of drawing up the act;
- details of the apartment being transferred (address, area);
- condition of the apartment at the time of transfer and signing of the act.
Important! In practice, there are cases when the apartment was leased out, and the term of the lease agreement did not expire at the time of its sale. The current legislation states that the tenant retains his rights even if the owner changes. Accordingly, if the apartment is the object of the arena, and the term of the contract has not expired, an appropriate entry must be made about this in the text of the acceptance certificate.
The text of the act must also indicate that the buyer does not have any claims regarding the transferred apartment. If any, please indicate them.
The next issue that needs to be paid special attention to is the existence of rent debt. In particular, the act must indicate that the former owner has no accumulated rent debts. And if there are any, then the obligation to pay them is borne by the former owner.
The value of the act of acceptance and transfer
The signing of such a document has a certain meaning. In particular, it states that the seller's obligation to transfer real estate is fulfilled after signing the relevant transfer document, unless, of course, otherwise provided in the contract of sale concluded between the parties.
The legislation also states that the evasion of one of the parties from signing a document on the transfer of real estate is considered a refusal to fulfill the obligation to transfer or accept property.
Completed sample document
Transfer deed of the apartment
city of Moscow "____" _____________ 201__
We are a citizen of the Russian Federation Ivanov Ivan Ivanovich, 02/01/1980 year of birth, place of birth: Moscow, gender male, passport 11 22 333456, issued by the Department of Internal Affairs of the ______ district of Moscow on 03/01/2000, subdivision code 000-100, registered at the address: Moscow, street, house, building, apartment, hereinafter referred to as Salesman, on the one hand, and
citizen of the Russian Federation Petrova Ekaterina Andreevna, 01/01/1984, year of birth, Moscow, gender male, passport 22 33 555556, issued by the Department of Internal Affairs of the district ______ of the city of Moscow on 02/01/2004, subdivision code 000-100, registered at the address: Moscow, street, house, bldg. , the apartment, hereinafter referred to as Buyer, on the other hand, collectively referred to as Parties, in accordance with and with the Agreement for the sale of an apartment concluded on "____" _____________ 201__ in the city of Moscow between the Seller and the Buyer, drew up this act (hereinafter referred to as the Act) on the following
- The Seller transferred, and the Buyer accepted apartment No. 1 (One), located at the address: Moscow, street, house, building, apartment, consisting of 4 (Four) rooms, with a total area of 75.4 sq.m., sq.m. ., including living area - 51.9 sq.m.
- The buyer has fully paid the cost of the apartment, according to the above contract.
- The apartment specified in paragraph 1 of the Act is transferred in good condition and suitable for living.
- The buyer has no claims regarding the condition of the transferred apartment.
- The apartment is transferred without debts for maintenance and utilities. In the event that a debt for utilities and maintenance is discovered, the Seller undertakes to pay off the accrued debts at its own expense up to the date of signing this Transfer Deed.
This Act is drawn up and signed in 2 (Two) copies, having equal legal force.
Signatures of the parties:
Ivanov Ivan Ivanovich
____________________________________________________________________________________________
Petrova Ekaterina Andreevna
The transaction is considered fully completed when such a document as an act of acceptance and transfer of the apartment is executed. For the primary housing market, the act is a document on the basis of which the owner of the apartment can make claims to the developer if there are questions about the quality of the work performed. But this document also plays an important role in the "secondary" market, but in somewhat different cases.
The main legislative act indicating the need for this document is the Civil Code, where in Art. 556 stipulates the need to transfer an object between the parties to the agreement under a deed of transfer signed by both participants in the transaction. After signing the acceptance certificate, the property is considered to be actually transferred
to the new owner, and the obligations of the participants in the transaction are fulfilled. It may seem like an unnecessary formality, but according to experts, it is necessary to do this in order to save your nerves and money.
In some cases, a long time may pass between the execution of the transaction and the actual departure of the former owner from the apartment. The reason for this may be the protracted transportation of bulky items, the expectation of the release of housing acquired in the course of a counter purchase.
During this time, various force majeure circumstances may occur, such as the consequences of flooding by neighbors from above, a fire. In this case, the decoration of the apartment, the cost of which, of course, is included in the cost of housing, may not be subject to restoration. The human factor can also fail, for example, the former owner will leave a solid debt for international negotiations. Another case is also possible when, due to the fault of the new owner, the decoration will suffer, and after that he will declare that the apartment does not meet the terms of the transaction.
The acceptance certificate will help to clearly fix the condition of the apartment at the time of transfer to the new owner, as well as determine the time from which he will be the payer for all utility bills.
It is better to draw up a contract of sale in a real estate agency, or to draw up a deal with a notary. Of course, you can draw up an agreement on your own, then sending it for registration to the Rosreestr division along with other documents. But there is a risk, due to ignorance or forgetfulness, to overlook the drawing up of an act of acceptance and transfer and create potential trouble for yourself.
Avoid signing the act acceptance and transfer of the property is impossible, otherwise it will be regarded, from the point of view of the legislation, as a refusal to conclude a transaction. In such cases, penalties may be imposed on the negligent participant in the transaction and information about what happened is transferred to law enforcement agencies.
To prevent an undesirable development of events, the preparation of an act of acceptance and transfer will help.
What can be included in the act of acceptance and transfer of the apartment?
He made in duplicate and if desired, can be certified by a notary. There is no strict form of the act, but the number of points and their content may depend on the wishes of the participants in the transaction. Mandatory to include in the act address of the apartment, passport data of the parties to the transaction, cadastral and conditional number, area of the object, date and place of the document. The internal condition of the apartment can also be specified: the quality of the finishing materials, furniture, plumbing. It is advisable to include in the act a clause on the presence of claims from the parties to the transaction. If there are any, then all of them must be reflected in the document as of the moment the apartment was transferred. All this will be taken into account in the trial.
When witnesses of the parties to the transaction participate in the transfer of the apartment, their passport details are indicated. In the event of a trial, the testimony of such witnesses will have considerable force.
Act of acceptance and transfer of real estate (sample)
Application N___
to the Contract Termination Agreement
from "___" _________ ____ g. N ___
acceptance and transfer of a real estate object (apartment)
city _________ "____" ________ 201_
_________ (Full name) _________________________, hereinafter referred to as the “Apartment Buyer”, acting on the basis of a passport of a citizen of the Russian Federation _____________________________________________________________________________, on the one hand, and
_______ (Full name) _________________________, hereinafter referred to as the "Seller of the apartment", acting on the basis of a passport of a citizen of the Russian Federation ____________________________________________________________________________, on the other hand, drew up this Act on the following:
- In connection with the termination of the Agreement for the sale of an apartment dated "___" _____ 201_, N ___, registered with the Office of the Federal Service for State Registration, Cadastre and Cartography at _______________ under No. ___________ "___" _____ 201_, the Buyer transfers, and the Seller accepts the apartment located at : _________________________ ______ (number of rooms) _________ with a total area of __________________ sq. meters, including residential _________ sq. meters, located at: ____________________ building _____, apt. _____ (hereinafter referred to as the "Object").
- The condition of the object corresponds to the original state, as it was at the time of transfer under the contract of sale
- The following documents are attached to this Act: ___________________________________________________________________________________________
- The act is drawn up in two copies, one copy for each Party.
SIGNATURES OF THE PARTIES:
Seller buyer:
_____________________________ ________________________________
_______ (___________________) __________ (__________________)
When concluding a contract for the sale of real estate, the seller undertakes to transfer real estate to the buyer's ownership. It includes apartments, residential buildings, land plots, subsoil plots, isolated water bodies and everything that is firmly connected with the land, that is, objects that cannot be moved without disproportionate damage to their purpose. Often, along with real estate, the land on which it is located is also transferred. Transactions for the sale and purchase of immovable objects are subject to state registration.
Real estate is transferred to the new owner directly at the place of its location, as proof acceptance and transfer of the object of the contract of sale, an act is drawn up. AT Article 556 of the Civil Code of the Russian Federation it is determined that the transfer of real estate by the seller and its acceptance by the buyer is carried out according to the act of acceptance and transfer signed by the parties.
The obligation of the seller to transfer the object of the contractual relationship is considered fulfilled precisely after signing the act of acceptance and transfer of real estate and not after the registration of the transaction.
One of the main tasks of the act of acceptance and transfer of real estate is to fix the state of the object at the time of the actual entry of the buyer into use, and confirmation of the compliance of this state with the terms of the contract of sale. Another task is to determine the moment from which the buyer becomes the owner of the property and, accordingly, the payer of utilities and other services.
AT some regions Russian Federation this act is included in the mandatory list of documents required for the state registration of the transaction.
According to the current legislation, the evasion of one of the parties from signing the act of acceptance and transfer of real estate is equated to a refusal to fulfill the obligations of the contract of sale.
The content of the act of acceptance and transfer of real estate (apartment, house, land)
There are no uniform requirements for the form of the act of acceptance and transfer of real estate for a contract of sale, it drawn up in any written form in 1 copy for each party to the transaction plus one additional copy for the registration authority. If desired, this document, as well as the contract of sale itself, can be notarized.
- date and place of compilation;
- information about the seller and the buyer or their authorized persons;
- details of the contract of sale;
- description of the object of contractual relations: name (for example, apartment, house), purpose, address, area, cadastral or conditional number, etc.;
- if a land plot is transferred along with the real estate, then it is necessary to enter similar information about it;
- a separate item can describe the condition of the immovable object (including decoration, repair, availability and condition of furniture or equipment);
- documents are prescribed (of a title character or relating to the technical condition of the property), which are also transferred from the seller to the buyer.
- a clause containing the claims of the parties (or their absence).
The act of acceptance and transfer of property- a document that is drawn up by several persons and confirms the fact of acceptance and transfer of property. As an appendix to the contract of lease or sale of property, an act of acceptance and transfer of property is attached, which certifies the fulfillment of the terms of the contract. The act must indicate the characteristics of the transferred property, the absence or presence of shortcomings. The parties confirm the absence of unilateral or mutual claims.
If the shortcomings of the property suit the party accepting the property, then the act is a kind of insurance for the party that transfers the object of the contract.
If the property has an inventory number, then it must also be indicated in the act.
As part of the act, you can make a complete inventory of the property that is being transferred. Certain items may be related to the type of property: in the case of a room (garage, apartment), the transfer of the area of \u200b\u200bthe room, keys is recorded in the act.
The act of acceptance and transfer of property is one of the most important documents when concluding contracts for the supply, sale, lease, etc. We will discuss below what requirements the law imposes on acts of acceptance and transfer of property and how they are drawn up.
On the purpose and form of the act of acceptance and transfer of property
Documents confirming the fact of the transfer of property reflect the fulfillment of obligations under the contract. Also, such acts fix the state of the transferred property at the time of transfer. This information:
on the one hand, they allow the transferring party to demand that the current state of the property be preserved (if the contract provides for its return in the future) and confirm that the recipient has no claims to its quality at a certain moment;
and on the other hand, it gives the right to the receiving party to refuse compensation for damage caused before the moment of transfer.
The act of acceptance and transfer of property does not have a strictly established form, it is drawn up in writing in the presence of both the transferring and receiving parties, and certified by their signatures.
In what cases is the act filled out?
These papers are signed if material assets are involved in the transaction. For example, when:
property lease;
a contract of sale;
registration of a pledge;
other situations.
It does not indicate any terms and conditions of the transaction, but describes the fact of the transfer and the condition of the property. So signing the form of the act of acceptance and transfer of property does not eliminate the need to draw up other documents.
In general, this is a confirmation of the execution of the transaction and obligations. The information contained in the document protects the rights of both parties. The transferor is confident in the safety of the property in the same condition or have confirmation of the conformity of the goods with the requirements. And the receiving person will be able not to pay compensation if damage was caused before the transfer.
All disputes in the future will be based precisely on the points of the act. It will be almost impossible to prove the existence of damages not specified in the contract, even through the courts. Therefore, when signing, it is necessary to carefully check the correspondence between the actual state and that indicated in the document.
These can be acts on:
room;
fixed assets;
documentation;
equipment.
Is there a special form of the act of acceptance and transfer?
Since this document does not have a strictly established form, there are no approved forms for it either.
There are basic items that are mandatory:
name "Act";
place of compilation (city);
date of signing the document;
data of the seller and buyers or tenant and landlord (full name, information from the passport, address);
name and details of the foundation document (purchase and sale, lease, etc.);
description of the condition and volume of the property (size, area, number of rooms, quantity);
consent of both parties;
information about the absence of claims.
At the conclusion of the act on the transfer of property, its defects are recorded. The document is drawn up in two copies, stamps are supplied on it. One original is received by the seller, and the second by the buyer. Usually they are teased to the treaty itself.
Sample act of acceptance and transfer of property
The act of acceptance and transfer of property (apartment, vehicle, goods, etc.)
Moscow
"__" _________ 20______
We, (full name, passport details, address of the place of residence of the party in the agreement that transfers the property), hereinafter referred to as the "Seller", and (full name, passport details, place of residence of the second party), hereinafter referred to as the "Buyer", have drawn up this act as follows:
The Seller, on the basis of the contract of sale No. __ dated "__" _________ month ____ of the year, transferred, and the Buyer accepted the property (property is indicated).
The buyer agrees that the property transferred to him at the time of transfer is in proper condition and has no claims against the seller, including property claims.
The Seller has transferred to the Buyer all the property and accessories provided for it, provided for in the previously mentioned agreement, and confirms that the Buyer has fully fulfilled its obligation to pay the purchase price and has no claims against the Buyer, including property claims.
The act is drawn up in two identical copies (one for each of the parties).
Buyer: (personal signature)
Seller: (personal signature)
Sample act of acceptance and transfer of real estate
- a document that is drawn up by several persons and confirms the fact of acceptance and transfer of real estate.
When fulfilling the terms of the concluded agreement on the sale and purchase of real estate, an act of acceptance and transfer of real estate is drawn up, certifying the transfer of the object of the contract to the recipient.
The act is considered an annex to the contract and has no legal force separately from it. The act must indicate all the properties of the subject of the contract, its total area, location, number of floors, cadastral number, if it is a land plot, and other important data that will help identify the property.
The act of acceptance and transfer of real estate is considered an official confirmation of the absence of claims to each other from the parties.
The act may also indicate that the technical condition of the object makes it possible to use it for its intended purpose.
Significance of transfer acts
The act of acceptance and transfer can be drawn up for absolutely any thing that passes from one hand to another.
Thus, this moment of the change of ownership is documented, which is very important in civil legal relations.
The act can act as an independent document, so it can be an annex to the document.
The main tasks of the act are:
– Establishment of the moment of change of ownership and transfer of things;
– Determination of the state of the transferred and received things;
- Also, the definition of completeness, since the act often includes an inventory of the transferred property;
– Consent of the receiving party with all the information provided in the act, expressed in the signature of the party. Thus, the receiving party can no longer express dissatisfaction with the quality or completeness, if these data were in the text of the act.
Thus, it is obvious that the value of the act of acceptance and transfer cannot be underestimated, and the more it becomes, the more valuable the object of the agreement.
That is, in relation to the most expensive objects, all the requirements for the competent execution of the transaction should be provided, and the preparation of the deed of transfer will be an integral part in the preparation of documentation.
Rules for drawing up an act of acceptance and transfer of real estate
The act is drawn up in a free presentation, but at the same time, a certain scheme for constructing a document should be observed in order to ensure the correctness of its execution and initially eliminate errors:
- the date when the document was drawn up, as well as the name of the settlement within which it was signed;
- Title of the document. A link to the main agreement is also provided here, the annexes of which include the act being drawn up with the display of its full details;
- then the procedure for transferring property from one participant in the transaction to another is described. Details are also given here, for which particular transaction an agreement is being drawn up and so on;
- in what condition the property is, it is important to indicate that in the future there will be no complaints from the new owner, as well as when the relationship is leased, so that the owner has the opportunity to subsequently make claims on the fact of property damage;
- an inventory of the property that is transferred together with the property. This point should also be recorded, especially when renting.
A sample of filling out the act of acceptance and transfer of real estate
The act of acceptance and transfer of real estate
City of Krasnogorsk, Moscow Region
We, gr. Russian Federation Gureeva Victoria Aleksandrovna, born on April 26, 1972, passport of a citizen of the Russian Federation 38 93 No. 843779, issued by the Department of Internal Affairs of Krasnogorsk, Moscow Region on February 14, 2016, subdivision code 378-832, registered at the address: Moscow Region, Krasnogorsk District, Krasnogorsk city, Yubileynaya street, house 281, apartment 91, hereinafter referred to as the "Seller", on the one hand, and c. Russian Federation Grebenshchikova Ekaterina Dmitrievna, born on March 21, 1973, passport of a citizen of the Russian Federation 73 89 No. 843839, issued by the Internal Affairs Directorate of the Kirovsky district of Moscow in 2008, subdivision code 323-835, registered at the address: Moscow, st. Sovetskaya, house 29, apartment 121, hereinafter referred to as the "Buyer", on the other hand, in accordance with Art. 556 of the Civil Code of the Russian Federation, have drawn up this Transfer Act on the following:
The “Seller”, in accordance with the contract for the sale of an apartment dated December 02, 2016, sold to the “Buyer” a one-room apartment located on the 4th floor of a 9-storey brick building with a total area of 85 (eighty-five point five) sq.m. , including a living area of 70 (seventy point five) sq.m., located at the address: Moscow region, Krasnogorsk, February street, house 45, apartment 18.
Signatures of the parties:
"Seller" V.A. Gureeva ___________________
"Buyer" E.D.
The act of acceptance and transfer of property sample form
Grebenshchikov ________________
Form of the act of acceptance and transfer of real estate
The act of acceptance and transfer of real estate
City _____________ Moscow region
Twenty ___________ February two thousand ____________
We, gr. Russian Federation ______________, __ ________ 19__ year of birth, passport of a citizen of the Russian Federation __ __ _________, issued by the Department of Internal Affairs ________________ of the Moscow Region __ ________ 200_, subdivision code ___-____, registered at the address: Moscow Region, __________________ district, city _________________, street ______________, house __ , apartment ___, hereinafter referred to as the "Seller", on the one hand, and gr. Russian Federation ________________________, __ __________ 19__ year of birth, passport of a citizen of the Russian Federation __ __ __________, issued by the Department of Internal Affairs of _________________ of the city of _______________ __ __________ 200_, subdivision code ____-_____, registered at the address: city ____________, st. ______________, house ___, apartment ___, hereinafter referred to as the "Buyer", on the other hand, in accordance with Art. 556 of the Civil Code of the Russian Federation, have drawn up this Transfer Act on the following:
The “Seller”, in accordance with the contract for the sale of an apartment dated __ __________ 200_, sold to the “Buyer” a one-room apartment located on the _th floor of a _-storey brick house, with a total area of ___ (_________________ whole and ______ tenths) sq.m, including living area ____ (______________ whole and ___________ tenth) sq.m., located at the address: Moscow region, city ___________, street _________________, house __, apartment __.
According to this act, the "Seller" transferred to the "Buyer" the above-mentioned immovable property in a quality condition, as it is on the day of signing this act.
The apartment was handed over in a habitable condition, not burdened with debts on utility and tax payments, payment for electricity.
The "Buyer" accepted from the "Seller" the above-mentioned real estate in the form in which it is on the day of signing this act, and paid the "Seller" the cost of the transferred real estate in full.
By this act, each of the parties under the agreement confirms that the obligations of the parties are fulfilled, the payment is made in full, the parties have no claims to each other on the merits of the agreement.
This deed of transfer is drawn up and signed in triplicate, having equal legal force, one for each of the parties, the third for storage in the affairs of the Federal Registration Service for the Moscow Region.
Signatures of the parties:
"Salesman" _________________
"Buyer" _________________
Annex No. 2 to the Agreement on the procedure for interaction between the Federal Customs Service and the Federal Agency for State Property Management in organizing the acceptance and transfer of certain categories of property
Acceptance and transfer certificate _________________________________ (indicate the category of property) N ___________ "__" _____________ 20__ _________________ We, the undersigned: ________________________________________________ (position, surname, name, patronymic ________, official of the customs authority authorized to accept and transfer certain categories of property) valid on the basis of __________________________________________________ (name, date and number of the document, __________________________________________________________________________, authorizing this official of the customs authority to accept and transfer certain categories of property) and ____________________________________________________________________________, (position, surname, name, patronymic of the representative of the Federal Property Management Agency (its territorial body), other 1 acting on on the basis of __________________________________________________ (name, date and number of the document of the Federal Property Management Agency _________________________________ ___________________________________________, (its territorial body) authorizing the person to accept and transfer certain categories of property), other 2 drew up this act stating that the above representative ___________ _________________________________________________________________________________ (name of the body transferring certain categories of property) transferred, and the representative __________________________________________________ (specify the Federal Property Management Agency or the name ___________________________________________________________________________ of its territorial body accepting certain categories of property)
Back side
accepted the property listed below to be transferred on the basis of ______ ___________________________________________________________________________ (name and details of the document that is the basis for the transfer of certain categories of property) —————————————————————————————————————————— N ¦Full name of each ¦Quantity, ¦Fact-¦Least- ¦Cost- ¦Special¦ ¦p / n¦type or group of homogeneous ¦indicated in¦physical¦innovation¦bridge ¦from- ¦ ¦ ¦equivalent types of property¦decision ¦ if - ¦ units ¦ according to - ¦ marks ¦ ¦ ¦ (with a description and indication of their ¦ court / disposition ¦ measurement - ¦ balance - ¦ ¦ ¦ ¦ identification and other ¦ orders ¦ ¦ ¦ soviet ¦ ¦ ¦ ¦ distinguishing features, ¦ (decree- ¦ ¦ (pcs., ¦ accounting ¦ ¦ ¦ ¦ state of packaging, ¦ control) ¦ ¦kg, ¦tamo- ¦ ¦ ¦ ¦ appearance, terms of ¦customs¦ ¦place and ¦female¦ ¦ ¦ ¦ validity, completeness) ¦body ¦ ¦etc.) ¦body ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(rub.) ¦ ¦ +—+———— —————+————+——+——-+——-+——+ ¦ 1 ¦ 2 ¦ 3 ¦ 4 ¦ 5 ¦ 6 ¦ 7 ¦ +—+———————— ——+————+——+——-+——-+——+ +—+—————————+————+——+——-+——- +——+ ¦ ¦Total: ¦ ¦ ¦ ¦ ¦ ¦ —-+—————————+————+——+——-+——-+——- Account details for transfer funds: ____________________ (indicated for seized things that were instruments of committing or subjects of an administrative offense that are subject to rapid deterioration).
Samples of acts of acceptance and transfer of property
This acceptance certificate is drawn up in four copies. Appendix (indicated for seized items that were instruments of committing or subjects of an administrative offense that are subject to rapid deterioration): an inventory of documents transferred to the Federal Property Management Agency (its territorial body). Transferred by: Received: ______________________________________________ _________________________________ (initials, surname, position (initials, surname, position of an authorized person of the customs authority) of an authorized person of the Federal Property Management Agency (its territorial body) ______________________________________________ _________________________________ (signature) (signature) Transferred: ____________________________________________ (initials, surname, position of the financially responsible person of the person carrying out storage) ______________________________________________ (signature)
1 If the property is accepted by an organization involved by the Federal Property Management Agency (its territorial body), in addition to its name, indicate that the organization acts on behalf of the Federal Property Management Agency (its territorial body) under a state contract (indicate the details of the contract and the power of attorney attached to it).
2 In case of acceptance of property by an organization involved by the Federal Property Management Agency (its territorial body)<…>.
Source — Agreement of the Federal Customs Service of Russia No. 01-69/37 and the Federal Property Management Agency No. 01-20/417 dated September 12, 2011
- In what cases is a transfer-acceptance certificate required?
- How to draw up an act of transfer of goods
- How to draw up an act of acceptance and transfer
- Features of registration of the act of acceptance and transfer in atypical cases
To receive material assets from one party to the contract, the other usually suffices with a consignment note. But sometimes the terms of delivery require the issuance of a separate transfer document, certifying both the very fact of the movement of the goods and its monetary value, and the quality characteristics of the shipped valuables. In such cases, an act of acceptance and transfer of goods is drawn up, fixing all the moments that are significant for the parties.
In what cases is a transfer-acceptance certificate required?
Acceptance of goods only according to the invoice form TORG-12 assumes that the products listed in it have been delivered and correspond to the quantity indicated in the documents. However, situations are not uncommon when the actual volume of goods differs from the declared one, the wrong cargo arrived, which is required, or the batch turned out to be defective. In order to file a claim with the supplier, these facts must be properly recorded, namely, by issuing an acceptance certificate with a statement of all discrepancies found.
Important advice to entrepreneurs: don't waste your time, even on simple routine tasks that can be delegated. Shift them to the freelancers of "Execute.ru". Guaranteed quality work on time or money back. Prices even for website development start from 500 rubles.
Some types of products (for example, equipment) are always transferred under the act, since this is required by the very process of their acceptance: inspection, performance check, etc. If the goods are sent for safekeeping, an act is drawn up in order to describe the condition of the delivered valuables, determine the conditions for their maintenance and appoint a financially responsible person.
When concluding a supply contract, the parties themselves can include in it a clause on the mandatory signing of a document on the acceptance of goods at the time of its transfer to the customer.
How to draw up an act of transfer of goods
The act of acceptance and transfer of goods is usually attached to the supply contract as an integral part of it.
The act of acceptance and transfer of property: rules for drawing up
The standard form of the act contains the following data:
- document's name;
- date and place of registration;
- information about the parties to the transaction with details, addresses and contacts;
- Full name of responsible persons, their passport data, on what basis the parties represent;
- number and date of the contract under which the delivery is carried out;
- a list of transferred values with an indication of the range and quantity;
- quality characteristics of the goods;
- total cost;
- presence/absence of product defects;
- a detailed list of deficiencies found;
- claims as a result of the acceptance procedure.
By agreement of the parties, other issues may be reflected in the act:
- terms of payment for the delivered consignment of goods (full or partial prepayment, settlements after receiving the goods);
- terms of final settlements, numbers and dates of payment documents for advance payments;
- making certain commodity groups, specific positions in separate acts.
How to draw up an act of acceptance and transfer
Since the act is a two-sided document, it must contain the signatures of representatives of both the supplier and the recipient of the cargo. Before starting the acceptance of the goods, it is necessary to make sure that the persons present from each of the parties have the authority to approve the transfer deed. Confirmation can be:
- power of attorney issued to the employee of the company by the head;
- an appointment order with the right to act on behalf of the organization;
- notarized order for individual A that represents the party to the transaction.
To document the fact of receipt of products under the contract, it is necessary:
- Download the form of the act of acceptance and transfer of goods and bring it into line with the terms of delivery: remove unnecessary information, enter the items stipulated by the contract.
- As a rule, goods are accepted in warehouse conditions, therefore it is better to print out the prepared form for manual filling in 2 copies in advance.
- Carry out the necessary measures: external inspection, recalculation, weighing, reconciliation of positions, etc., depending on the type of product and the features of the established acceptance and transfer procedure.
- Record all detected defects in the presence of a representative of the supplier, make a list of them in the act.
- Formulate the essence of the claims, if there are none, confirm this in writing: “we have no claims.”
- Agree on the content of the document, check the correctness of its filling.
- Secure the act with the signatures and seals of the parties.
Inaccuracies, blots and errors in the transfer documents are unacceptable. If an error is found in the act, it must be redone before signing.
The act of acceptance and transfer, stating that the goods were delivered with violations, with complaints about the quality - the basis for compiling a letter of claim to the seller demanding a replacement batch, monetary compensation. Sending defective products to the supplier is carried out according to the return certificate (TORG-2 form) indicating the reason for the return shipment and a detailed description of all defects.
If the cargo was lost or damaged during transportation, the issue of indemnification is decided on the basis of the contract - whether it provides for indemnification in such cases.
To correctly draw up a document, download a sample act of acceptance and transfer of goods.
Features of registration of the act of acceptance and transfer in atypical cases
We considered drawing up a deed of transfer in the case of direct shipment from the seller to the buyer on the territory of one of the parties. If a third party is involved in the delivery process, it also becomes an interested party.
Documents for the transfer of goods stored in a warehouse of a third-party organization are filled out in triplicate: for the supplier, customer and owner of the warehouse. Additional copies of the acts may be required by the carrier company, the security company hired to accompany the transportation, etc.
A separate issue is the delivery of products for safekeeping. In this case, as an act of acceptance and transfer of goods, a document is drawn up on a unified form MX-1, which is signed by two parties: the owner of the goods and the receiving organization. The basis for placing goods in a third-party warehouse is a contract for safekeeping, which determines the quantity and cost of the transferred products, the number of deliveries and other conditions.
The legislation does not impose requirements for the presence of a transfer deed if there is an invoice for the goods signed by the parties, however, this document, in the event of disputes, has legal force in court.
Comments
The act of acceptance and transfer of the construction object (download sample)
After the construction of the object is completed, it is transferred to the customer from the construction organization. Such a transfer is accompanied by the drawing up and signing of the relevant act of acceptance and transfer of the construction object. The named act can be drawn up not only after the complete completion of the construction of the facility.
For example, such an act can also be used if an unfinished construction object is transferred to another customer or performer (contractor). The transfer of the object to another contractor should take place on the basis of an additional contract and with the consent of the customer.
If the object is fully built, then the act of acceptance and transfer of the object is a confirming document of the fulfillment by the parties of their obligations under the construction contract. The developer, transferring the object, confirms with his signature in the act that the constructed building (structure) is free from the right of claims by third parties.
An act is drawn up in at least three copies: for the receiving party (Customer), for the transmitting party (Contractor), for a state institution. All copies signed by the parties have equal legal force.
Participants and the procedure for assessing the conformity of the construction object are determined by the relevant technical regulations and rules in force at the time of acceptance. Evaluation of the object can be combined with its acceptance by the customer. If the construction participants have decided to accept an object with unfinished finishing work or the object needs to be brought to readiness, the scope of work must be reflected in the contract.
Acceptance for operation of the construction facility is completed by drawing up and signing the acceptance certificate. The act of standard intersectoral forms No. KS-11 and No. KS-14 should be used. These forms are used when accepting the completed construction of all objects, both industrial and residential, of any form of ownership.
Based on the acceptance certificate, the final payment for the work performed under the terms of the agreement (contract) is made. The number of copies of the act must correspond to the number of parties to the agreement.
Sign the drawn up document:
The composition of the commission is determined by the investor or customer.
The act of acceptance and transfer of real estate
Acceptance is issued by the customer based on the results of surveys, measurements, control tests and documents that confirm the compliance of the accepted object with the project and standards, as well as based on the conclusion of the supervisory authorities.
Based on the acceptance certificate, the contractor must submit reporting documents confirming the fulfillment of contractual obligations.
How to make money on Forex without experience?
ACT OF TRANSFER OF THE OBJECT TO THE PRODUCTION OF WORKS DURING THE MAJOR REPAIR OF THE HOUSING FACILITY
Appendix 12
to the Regulations on the organization of capital
renovation of residential buildings in Moscow
APPROVE
Deputy leader
administrative body
________________________
"___" __________ 199_
TRANSFER OF THE OBJECT TO THE PRODUCTION OF WORKS
DURING MAJOR REPAIRS OF HOUSING FACILITY
Moscow 19__ ______ month _______ day
__________________________________________________________________
on the basis of an agreement between the customer and the contractor dated __________________
e) power supply
e) low current devices.
4. The security of the front of work (whether permanent or
temporary resettlement of residents or withdrawal of tenants).
5. Permission to fence the object has been issued.
6. Availability of sectional work schedules, taking into account
completion of repairs according to the title terms (specify them) _________
__________________________________________________________________
for hanging in prominent places of buildings.
7. A general meeting of the residents of the house was held to familiarize
them with the timing and nature of the work (to be filled in during the
The act of transferring the object for the production of work
We, the undersigned, the Customer represented by _______________________________________
(position, full name)
and the Contractor represented by _____________________________________________________________
(position, full name)
have drawn up this act as follows:
1. The Customer leases, and the Contractor accepts the entrances of a residential apartment building No. __________ st.
Availability of schedules for the production of work, taking into account the start and end times: _________________________________________________________________________________
3. The Contractor held a planning meeting with employees in order to familiarize them with the timing and nature of the work.
4. The contractor was given access codes to the entrances __________________________________
Additional proposals and comments of the parties __________________________________________
This act of transferring the object to the production of work on cleaning the entrances is drawn up in 2 copies. one for each party (contractor, customer) and is a document certifying the transfer of the object to the contractor for the entire period of work.
The act of acceptance and transfer of the construction object
Depending on the stage of completion of the construction object, an appropriate act of acceptance and transfer of the construction object is drawn up. So, for example, an unfinished construction object can be transferred to another contractor or to the customer (in the second case, subject to the consent of the customer and the drawing up of an additional contract). If the object is in full readiness, then the act of acceptance and transfer of the construction object serves as a supporting document for the construction contract.
By signing the act, the developer must confirm that the construction object, which he transfers, is free from the right of claim by third parties (this is prescribed in the act).
The act is drawn up in at least three copies: one for the transferring party.
One for the host and one for the government agency. All three copies have equal legal force.
You can download a sample act below.
Normative legal documents regulating the issues of the sale of property, the mandatory drawing up of an act of transfer is not mandatory in all cases.
It clearly states that the seller is obliged to transfer the goods to the buyer.
The presence of a deed of transfer in respect of real estate is established by Article 556 of the Civil Code of the Russian Federation, but it only stipulates the signing by the selling and buying parties of a document fixing the fulfillment of the obligation, that is, the conclusion of the act is not mandatory and can be replaced by another document.
However, it is this document that is the most convenient option for fixing legal relations arising from the sale of housing. This agreement will document the fact that the seller has fulfilled the obligation to transfer housing.
If in the future disputes may arise regarding the quality of the apartment and the presence of shortcomings or defects in it (which is especially important for the secondary market), the act will record the state in which the property was transferred to the buyer in ownership.
Even if the buyer accepts the living space with defects and shortcomings, in the event of a dispute, the original owner will be liable, and it is the transfer document that fixes its condition at the time of transfer that will become one of the evidence in further proceedings.
How to draw up a document?
The moment of conclusion of the act directly depends on the conditions on which the sale transaction was concluded.
The document is signed exactly at the moment when the transfer of living space takes place by the selling party, that is, the actual fulfillment by it of the obligation:
- Immediately after the sale agreement is signed, the buyer receives the apartment and pays for it with the seller (we wrote in detail about the procedure for concluding a real estate purchase and sale agreement).
- If the dwelling is purchased in installments, then after the seller receives the first part of the payment or after paying the full amount of the installment.
The moment of conclusion is not regulated by law, and by virtue of the free principle of the contract, the seller and buyer entering into a transaction themselves determine the moment of transfer, based on the degree of mutual trust and other circumstances.
Certification of the act of acceptance and transfer by a notary is not mandatory even if the contract itself was certified (FZ "On State Registration of Real Estate"), since, according to Article 556 of the Civil Code of the Russian Federation, the act does not change any terms of the contract itself, and therefore cannot be considered as an integral part of the transaction.
In the event that the contract itself is certified by a notary, then it would be advisable for the seller and buyer to certify the transfer act in case Rosreestr has questions about this, but this is not a mandatory requirement, but an additional measure to ensure the security of the transaction.
The list of mandatory information that must be contained in the document is also not established by law, however, legal practice shows that it is necessary to fix:
- Name of the act.
- Place and time of signing.
- The name of the parties indicating their status under the contract. Citizens should indicate passport data, and in the event that real estate is bought directly from the developer - its registration data and legal form, as well as who and on what basis (charter, power of attorney) signs the document (on when a general power of attorney for real estate is needed with the right to sell and buy, read how to issue it, and from you will learn about the features of concluding a DCT for future real estate).
- Details of the sale agreement on the basis of which the act was concluded, as well as data on the notary who certified the relevant agreement.
- An accurate description of the living space - address, size of the area, etc.
- Description of its condition - the nature of the repair and so on.
- The list of amenities that the property is equipped with - heating, communications, electricity.
- List of deficiencies and defects that were identified during the inspection.
- The fact of the presence or absence of claims of the parties to each other.
- Personal signatures of the seller and the buyer, an imprint of the builder's seal.
The procedure for the delivery and acceptance of real estate upon purchase
Whole the process of handing over housing by the seller to the buyer is regulated by paragraph 1 of Article 556 of the Civil Code of the Russian Federation and implies the transfer of real estate by the seller and its acceptance by the buyer in accordance with the act signed by the parties or another document fixing the transfer.
If this is not provided for by law or the contract, the seller's obligation to transfer the living space to the buyer is considered fulfilled after it is handed over to the buyer and the parties conclude the relevant contract.
It follows from this that the process of transferring real estate under a sale and purchase agreement consists of two legally significant actions:
- Registration of the transfer of living space by means of an agreement signed by the parties and an act.
- Physical delivery of the property to the buyer.
However, from the content of paragraph 1 of Article 556 of the Civil Code of the Russian Federation, it follows that this rule of law allows the contract to be considered fulfilled without drawing up an act. This right is also confirmed by Article 224 of the Code, according to which the property is considered delivered from the moment when it actually came into the possession of the buyer or the person indicated by him.
The act of acceptance and transfer during the sale of real estate is an important document confirming the lawful fulfillment by the seller of his obligations and fixing the fact of handing over the property to the buyer. And although it is not considered a mandatory document, this is the most convenient option for fixing the transfer of property.
We offer you to watch a video about the deed of transfer in a real estate transaction: