The act of acceptance of the transfer of the immovable. The act of acceptance and transfer of the apartment. When it is necessary to fill out the act

Gutters 06.09.2020
Gutters

Normative legal documents governing the sale of property, the compulsory drawing up of an act of transfer is not in all cases provided on a mandatory basis.

It is clearly stated 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 prescribes 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 the legal relationship that arose on the basis of the sale of living space. This agreement will document the fact that the seller has fulfilled the obligation to transfer the property.

If in the future there may be disputes about the quality of the apartment and whether it has flaws or defects (which is especially important for the secondary market), the act will record the condition in which the property was transferred to the buyer.

Even if the buyer accepts the living space with defects and deficiencies, 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 the 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, its actual performance of the obligation:

  1. 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 sale and purchase agreement).
  2. 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 imprisonment is not regulated in any way by law, and by virtue of the free principle of the contract, the seller and the buyer entering into the transaction themselves determine the moment of transfer, based on the degree of mutual trust and other circumstances.

The process of drawing up a deed of transfer is also not regulated in any way by law, there are no officially approved forms, forms and other things for it. Since the Civil Code of the Russian Federation characterizes this act as a "document", this means that it must be concluded in writing.

Certification of the acceptance certificate by a notary is not mandatory even if the contract itself was certified (Federal Law "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 will be advisable for the seller and the buyer to certify the act of transfer 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 record:

  1. The name of the act.
  2. Place and time of signing.
  3. The names of the parties with an indication of 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 a document (about when a general power of attorney is needed for real estate with the right to sell and buy, how to arrange it, read, and from you will learn about the features of the conclusion of the monetary policy of future real estate).
  4. Details of the sales agreement, on the basis of which the act was concluded, as well as data on the notary who certified the relevant agreement.
  5. An exact description of the living space - address, size of the area, etc.
  6. Description of its condition - the nature of the repair and so on.
  7. The list of amenities that the property is equipped with - heating, communications, electricity.
  8. List of shortcomings and defects that were identified during the examination.
  9. The fact of the presence or absence of claims of the parties to each other.
  10. Personal signatures of the seller and the buyer, imprint of the developer's seal.

The procedure for delivery and acceptance of real estate upon purchase

The whole the process of handing over the living space 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 an act signed by the parties or another document fixing the transfer.

If this is not provided for by law or 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 an appropriate contract.

It follows from this that the process of transferring real estate under a sale and purchase agreement consists of two legally significant actions:

  1. Registration of the transfer of living space by means of an agreement and an act signed by the parties.
  2. Physical delivery of real estate 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 to be delivered from the moment when it actually came into the possession of the buyer or the person indicated by him.

The acceptance certificate for 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, it 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:

In order to carry out the procedure for renting, buying and selling, or other actions, it is necessary to draw up a special document called an act. Such an act of acceptance and transfer of property has a simple filling pattern. But be sure to follow the instructions and rules when drawing up the document.

In this article

The main purpose of the act of acceptance of the transfer of property

The fulfillment of obligations under the contract is fixed in the relevant documents. In addition, the deed of transfer must record the state of the property being transferred. Why is this information needed:

  • For the party that transfers the property, the contract makes it possible to claim the safety of the property (for example, when renting an apartment, when it will be returned to the owner in the future). And also the document confirms that the recipient has no claims to the state of housing at a particular point in time;
  • And for the party that takes over the property, this is an opportunity to exclude the payment of compensation for damage caused to the property even before its transfer.

Act template

Appendix N __

to the Treaty

purchase and sale of real estate

from "__" ________ ____, N _____

acceptance and transfer of real estate (non-residential premises),

located in the building at: ___________________________

_________________ "__" ___________ ____

We name__ hereinafter the "Seller", represented by ____________, acting on the basis of ________, transferred_, and _________________, hereinafter referred to as the "Buyer", represented by ____________, acting__ on the basis of __________, took over the following non-residential premises (hereinafter referred to as the Premises):

cadastral number ____________,

total area ______ (___________) sq. m,

located at: ____________________, on the ___ floor in a ____-storey building, _______________ (room) N _____

cost ___________________________ rubles.

The technical condition of the Premises is satisfactory and allows using it in accordance with its intended purpose.

Simultaneously with the Premises, the following are transferred: technical passport for the Premises, plans, schemes, explications, other documents, keys.

Seller buyer:

__________________________ ___________________________

__________________________ ___________________________

____________/____________/ ____________/_____________/

(signature) (full name) (signature) (full name)

Example of filling

If the transferred property has an inventory number, it must also be indicated on the contract form.

When is it necessary to fill out the act?

This document will be relevant when material assets are involved in the transaction:

  • property lease;
  • sale and purchase agreement;
  • when registering a pledge;
  • other situations.

Along with it, there should be other documents, since it does not contain the terms of the transaction, but only describes the very fact of receipt and the state of the property.

If in the future disputes arise between the parties, then they should be based on the points of the drawn up act. If, for example, damage is not indicated in the document, then it will be very problematic to prove it through the court. In this case, when drawing up an agreement, it is better to check well the condition of the property for its actual compliance. And only after that, sign the contract.

Acts can be drawn up for:

  • documents;
  • product;
  • equipment;
  • premises;
  • fixed assets.

An example of filling out an act of inventory of property

Document form

As for the form of the document, it has not been approved in any way normatively. But although there are no exact requirements, an approximate template for its preparation can be found and downloaded on the Internet.

There are only basic requirements that must be present in the document:

  • title of the document;
  • place of compilation;
  • personal data of the parties to the contract;
  • their signatures;
  • name of the accompanying document (on sale and purchase, lease, etc.);
  • an inventory of the transferred and received property;
  • consent and statement of no claims;
  • date of preparation.

The document must be drawn up in two versions, one for the seller and the buyer. And he acts as an addition to the main one (for example, to a lease agreement).

When it comes to the gratuitous transfer of real estate into ownership, then there is no need for an act. He is only a guarantor of the absence of claims in the future between the seller and the buyer. But in any case, when signing any documents, you must first carefully study everything, and only after making sure of its authenticity, put your signature. Otherwise, a situation may arise when you have to pay compensation for damage that was caused before the contract was drawn up.

The act of acceptance and transfer of property is a document confirming the actual transfer from one person to another. It can be property or material value.

The act of acceptance and transfer of property is one of the most important documents in the execution of contracts for the supply, purchase and sale, lease, etc.

When is it needed:

  • rental of property;
  • sales contract;
  • registration of a pledge;
  • other situations.

It does not indicate any conditions and points of the transaction, but describes the fact of transfer and the state of the property. So the signing of the form of the act of acceptance and transfer of property does not cancel the need to draw up other documents.

In general, this is a confirmation of the execution of the transaction and obligations. The information that is recorded in the document protects the rights of both parties. The transferor is confident in the safety of the property in its previous condition or to have confirmation of the conformity of the goods to the requirements. And the receiving person will not be able to pay compensation if damage was caused before the transfer.

All disputes in the future will be based precisely on the clauses of the act. It will be almost impossible to prove the existence of damages not specified in the contract, even through a court. Therefore, when signing, it is necessary to carefully check the compliance of the actual state with that indicated in the document.

These can be acts on:

  • premises;
  • product;
  • fixed assets;
  • documents;
  • equipment.

The documents securing 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:

  • one side, allow the transferring party to demand the preservation of the current state of the property (if the contract provides for its return in the future) and to confirm the absence of the recipient's claims to its quality at a certain point;
  • and on the other - gives the receiving party the right to refuse compensation for damage caused before the transfer.

The act of acceptance and transfer of property does not have a strictly established form, is drawn up in writing in the presence of both the transmitting and receiving parties, and certified by their signatures.

Since this document does not have a strictly established form, there are no approved forms for it either.

There are main points, the presence of which is required:

  • the name "Act";
  • place of compilation (city);
  • date of signing the document;
  • data of the seller and the buyers or the lessee and the lessor (name, information from the passport, address);
  • name and details of the foundation document (sale and purchase, lease, etc.);
  • a description of the condition and volume of property (size, area, number of rooms, number);
  • agreement of both parties;
  • information about the absence of claims.

When concluding an 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 pinned to the contract itself.

Property deed

The form of the act of acceptance and transfer of property is a legal document. When buying and selling, many do not think about the need to sign such contracts. Developers prepare it to protect themselves. In this case, before the document is signed, the responsibility lies with the seller, and then passes to the buyer.

A similar situation when renting out premises... In this case, the conclusion of the act is mandatory. Otherwise, the landlord will not reimburse the damages caused by the tenants. Usually indicate what kind of repair was carried out, the availability of communications (heating, water heater, boiler, telephone), television, Internet.

Download sample:

It is necessary to be wary of signing any documents, because the act may indicate an incorrect condition, for which you will then have to pay. It is signed after inspection of the premises.

In this situation, it is permissible to draw up a separate document or include these conditions in the agreement. In practice, the act is additionally signed when the date of the main contract and the actual transfer of property occurs later, after a month or two.

Fixed assets act

The act of acceptance and transfer of fixed assets is concluded both within the company between the responsible persons and between organizations. There is a single form. The sample is available in the Garant or 1C programs. The form for such operations is called OS-1b and makes it possible to transfer any inventory items, with the exception of buildings and structures.

The signing of such a document is necessary to put a new fixed asset on the balance sheet. If it was previously in use, then the acceptance occurs without an act, it is done by the transmitting party.

The form consists of several sections. First, the date and document number are indicated. If the equipment is new, then the first table is not filled. For those that were in operation, the exact period of use and actual work or downtime are indicated. The next section is completed by the host. The cost is shown here, taking into account additional costs in the form of transportation, installation and useful life. The signing takes place by the commission, after which everything is transferred to the accounting department for registration and the institution of cards.

If there is a discrepancy

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

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

Collection of a commission is a prerequisite. It includes representatives of the seller, the buyer, the carrier company, the person who accepts the goods for storage. In the absence of a seller, you can attract a person from an independent organization.

Transfer of property for temporary use and for the purpose of sale

During the transfer of values, it is possible to identify a shortage, undercompletion or defects, therefore, all deficiencies identified during acceptance should be reflected in the act.

The powers of the person accepting / transferring property under the act must be confirmed by an appropriate power of attorney. An exception is the situation when the powers are evident from the situation (clause 1 of article 182 of the Civil Code of the Russian Federation).

For example, the courts presume that the person who accepted the goods has powers if he owned the company seal and put it on deed of transfer of valuable property, provided that there is no evidence of loss / theft of the seal (resolution of the AC VCO dated 07.10.2014 in case No. A10-2969 / 2013).

At the same time, the seal itself is no longer a mandatory requisite for documents executed by an organization, if it is not mentioned in its charter.

Save, otherwise you will forget:

Property transfer and acceptance certificate - a document drawn up by several persons and confirming the fact of acceptance and transfer of property. As an annex to the lease or purchase and 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 deficiencies. The parties confirm the absence of unilateral or mutual claims.

If the side accepting the property is satisfied with the shortcomings of 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.

Within the framework of the act, you can make a complete inventory of the property that is being transferred. Certain points can be associated with the type of property: in the case of a room (garage, apartment), the transfer of the area of \u200b\u200bthe room and 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, purchase and 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

The documents securing 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 the preservation of the current state of the property (if the contract provides for its return in the future) and to confirm the absence of the recipient's claims to its quality at a certain point;

on the other hand, it gives the receiving party the right to refuse compensation for damage caused before the transfer.

The act of acceptance and transfer of property does not have a strictly established form, is drawn up in writing in the presence of both the transmitting and receiving parties, and certified by their signatures.

In what cases is the act filled in?

These papers are signed if material values \u200b\u200bare involved in the transaction. For example, when:

rental of property;

sales contract;

registration of a pledge;

other situations.

It does not indicate any conditions and points of the transaction, but describes the fact of transfer and the state of the property. So the signing of the form of the act of acceptance and transfer of property does not cancel the need to draw up other documents.

In general, this is a confirmation of the execution of the transaction and obligations. The information that is recorded in the document protects the rights of both parties. The transferor is confident in the safety of the property in its previous condition or to have confirmation of the conformity of the goods to the requirements. And the receiving person will not be able to pay compensation if damage was caused before the transfer.

All disputes in the future will be based precisely on the clauses of the act. It will be almost impossible to prove the existence of damages not specified in the contract, even through a court. Therefore, when signing, it is necessary to carefully check the compliance of the actual state with that indicated in the document.

These can be acts on:

premises;

fixed assets;

documents;

equipment.

Is there a special form for the acceptance certificate?

Since this document does not have a strictly established form, there are no approved forms for it either.

There are main points, the presence of which is required:

the name "Act";

place of compilation (city);

date of signing the document;

data of the seller and the buyers or the lessee and the lessor (name, information from the passport, address);

name and details of the foundation document (sale and purchase, lease, etc.);

a description of the condition and volume of property (size, area, number of rooms, number);

agreement of both parties;

information about the absence of claims.

When concluding an 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 pinned to the contract itself.

Sample act of acceptance and transfer of property

The act of acceptance and transfer of property (apartment, vehicle, goods, etc.)

moscow city

"__" _________ 20_____

We, (full name, passport data, address of the place of residence of the party in the contract that transfers the property), hereinafter referred to as the "Seller", and (full name, passport data, place of residence of the second party), hereinafter referred to as the "Buyer", compiled this act as follows:

On the basis of a sale and purchase agreement No. __ dated "__" _________ month ____ year, the Seller transferred and the Buyer accepted the property (the 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 to the seller, including property.

The Seller has transferred to the Buyer all the property and the accessories available to it, provided for by the previously mentioned agreement, and confirms that the Buyer has fully fulfilled his 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 drawn up by several persons and confirming the fact of acceptance and transfer of real estate.

When the conditions of the concluded contract for the sale and purchase of real estate are fulfilled, an act of acceptance and transfer of real estate is drawn up, confirming the transfer to the recipient of the object of the contract.

The act is considered an annex to the contract and does not have 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 the land plot is in question, and other important data that will help identify real estate.

The act of acceptance and transfer of real estate is considered an official confirmation of the absence of claims against 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.

The value of the transfer deeds

The acceptance certificate can be drawn up absolutely for any thing that passes from one hand to another.

Thus, this moment of change of owner is documented, which is very important in civil legal relations.

The act can act as an independent document, so it can be an attachment to the document.

The main objectives of the act are:

- Establishing the moment of change of owner and transfer of things;

- Determination of the state of the transmitted and received things;

- Also the definition of completeness, since the act often includes an inventory of the transferred property;

- The consent of the receiving party with all the stated information in the act, expressed in the signature of the party. Thus, the accepting side 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 significance of the act of acceptance and transmission should not be underestimated, and the more it becomes, the more valuable the object of the agreement.

That is, with regard 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 the document should be observed in order to ensure the correctness of its design and initially exclude the possibility of 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. It also provides for a link to the main agreement, the appendices of which include the act being drawn up with the display of its full details;

- then the procedure for transferring property from one party to the transaction to another is described. Here you can find details on what kind of transaction the agreement is being made, etc.

- in what condition the property is located, it is important to indicate so that in the future there will not be any complaints from the new owner, as well as when the relationship is lease, 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

Krasnogorsk, Moscow region

We, gr. RF 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, Yubileynaya street, house 281, apartment 91, hereinafter referred to as the "Seller", on the one hand, and gr. RF Grebenshchikova Ekaterina Dmitrievna, born on March 21, 1973, passport of a citizen of the Russian Federation 73 89 No. 843839, issued by the Department of Internal Affairs 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, made up this Transfer Act as follows:

The "seller", in accordance with the contract of purchase and 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 \u200b\u200b85 (eighty-five point five) square meters , including a living area of \u200b\u200b70 (seventy point and five tenths) square meters, located at the address: Moscow region, Krasnogorsk, Fevralskaya street, house 45, apartment 18.

Signatures of the parties:

"Seller" V.A. Gureeva ___________________

"Buyer" E.D.

Property transfer and acceptance certificate sample form

Grebenshchikova ________________

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. RF ______________, __ ________ 19__ year of birth, passport of a citizen of the Russian Federation __ __ _________, issued by the Department of Internal Affairs ________________ of the Moscow region __ ________ 200_, unit code ___-____, registered at the address: Moscow region, __________________ district, city _________________, street ______________, house __ , apartment ___, hereinafter referred to as the "Seller", on the one hand, and gr. RF ________________________, __ __________ 19__ year of birth, passport of a citizen of the Russian Federation __ __ __________, issued by the Department of Internal Affairs _________________ of the city _______________ __ __________ 200_, unit 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, made up this Transfer Act as follows:

The "seller", in accordance with the contract of sale and purchase of an apartment dated __ __________ 200_, sold to the "Buyer" a one-room apartment located on the _th floor of a _-storey brick building with a total area of \u200b\u200b___ (_________________ whole and ______ tenths) sq. including living area ____ (______________ whole and ___________ tenth) sq.m., located at the address: Moscow region, city ___________, street _________________, house __, apartment __.

Under this act, the "Seller" handed over to the "Buyer" the above-mentioned real estate in a high-quality condition, as it is on the day of signing this act.

The apartment was handed over in a habitable condition, not burdened with utility and tax debts, electricity bills.

The "Buyer" accepted from the "Seller" the aforementioned real estate in the form in which it was 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 to the agreement confirms that the obligations of the parties have been fulfilled, the calculation has been made in full, the parties have no claims against 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 files of the Federal Registration Service for the Moscow Region.

Signatures of the parties:

"Seller" _________________

"Buyer" _________________

Appendix No. 2 to the Agreement on the Procedure for Interaction between the Federal Customs Service and the Federal Agency for State Property Management when organizing the transfer and acceptance of certain categories of property

Acceptance certificate _________________________________ (indicate the category of property) N ___________ "__" _____________ 20__ _________________ We, the undersigned: ________________________________________________ (position, surname, name, patronymic ________, of an official of the customs authority authorized to accept and transfer certain categories of property) 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 receive 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 __________________________________________________ (indicate Federal Property Management Agency or the name ___________________________________________________________________________ of its territorial body that accepts certain categories of property)

Downside

accepted the following property 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¦Number, ¦Fact-¦Name- ¦Costs- ¦Special¦ ¦п / п¦type or group of homogeneous the number of ¦units¦ according to the notes ¦ ¦ ¦ (with a description and indication of their¦the court / disposition¦measure-¦balan- ¦ ¦ ¦ ¦ identification and other ¦ ¦ ¦ ¦ distinctive features, ¦ (decree- ¦ ¦ (pcs., ¦ taking into account ¦ ¦ ¦ ¦ the state of packaging, ¦lenie) ¦ ¦kg, ¦tamo- ¦ ¦ ¦ ¦ appearance, terms of ¦ customs ¦ place and ¦ ¦ ¦ suitability, completeness) organ ¦ ¦t.p.) Organ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ (rub.) ¦ ¦ + - + ————————— + ———— + - - + ——- + ——- + —— + ¦ 1 ¦ 2 ¦ 3 ¦ 4 ¦ 5 ¦ 6 ¦ 7 ¦ + - + ————————— + ———— + —— + - —- + ——- + —— + + - + ————————— + ———— + —— + ——- + - —- + —— + ¦ ¦Total: ¦ ¦ ¦ ¦ ¦ ¦ —- + ————————— + ———— + —— + ——- + ——- + ——- Account details for the transfer of funds: ____________________ (indicated for seized things that were instruments of committing or objects of an administrative offense, subject to rapid damage).

Samples of acts of acceptance and transfer of property

This act of acceptance and transfer has been drawn up in four copies. Appendix (indicated for seized things that were instruments of committing or objects of an administrative offense subject to rapid damage): an inventory of documents transferred to the Federal Property Management Agency (its territorial body). Transmitted: Accepted: ________________________________________ _________________________________ (initials, surname, position (initials, surname, position of the authorized person of the customs authority) of the authorized person of the Federal Property Management Agency (its territorial body) ________________________________________ _________________________________ (signature) (signature) Transmitted: ________________________________________ (initials, surname, position of the materially responsible storage person) ________________________________________ (signature)

1 If the property is accepted by an organization attracted 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) within the framework of 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 attracted by the Federal Property Management Agency (its territorial body)<…>.

Source - Agreement of the Federal Customs Service of Russia No. 01-69 / 37 and Federal Property Management Agency No. 01-20 / 417 of 12.09.2011

  1. In what cases is an act of acceptance and transfer required
  2. How to draw up an act of transfer of goods
  3. How to correctly draw up an act of acceptance and transfer
  4. Features of registration of the acceptance certificate in atypical cases

To receive material values \u200b\u200bfrom one party to the contract, the other is usually sufficient a waybill. But sometimes the terms of delivery require the issuance of a separate transfer document certifying both the very fact of movement of the goods and its monetary value, and the quality characteristics of the shipped values. 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 an act of acceptance and transfer required

Acceptance of goods only on the TORG-12 consignment note assumes that the products listed in it have been delivered and correspond to the quantity specified in the documents. However, there are often situations when the actual volume of goods differs from the declared one, the wrong cargo arrived, or the batch turned out to be defective. In order to make a claim to the supplier, these facts must be recorded properly, namely, by filling out an acceptance certificate stating all the inconsistencies found.

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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 state of the values \u200b\u200bbeing handed over, determine the conditions for their maintenance and appoint a materially responsible person.

When concluding a supply contract, the parties themselves can include in it a clause on the mandatory signing of a document on acceptance of the 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 the goods is usually attached to the supply agreement 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;
  • 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 \u200b\u200bwith an indication of the range and quantity;
  • quality characteristics of the product;
  • total cost;
  • presence / absence of product defects;
  • a detailed list of discovered deficiencies;
  • claims based on the results 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, calculations after receiving the goods);
  • terms of final settlements, numbers and dates of payment documents for advances;
  • making certain product groups, specific positions in separate acts.

How to correctly draw up an act of acceptance and transfer

Since the act is a bilateral document, it must contain the signatures of representatives of both the supplier and the consignee. Before starting the acceptance of the goods, it is necessary to ensure that the persons present from each of the parties have the authority to endorse the deed of transfer. This can be confirmed by:

  • power of attorney issued to the employee of the company by the head;
  • an order of appointment to a position with the right to act on behalf of the organization;
  • a notarized order for an individual representing a party to the transaction.

To document the fact of receipt of products under the contract, you must:

  1. Download the form of the act of acceptance and transfer of goods and bring it in line with the terms of delivery: remove unnecessary information, enter the points provided for by the contract.
  2. As a rule, acceptance of goods takes place in warehouse conditions, therefore, it is better to print a prepared form for manual filling in 2 copies in advance.
  3. Carry out the necessary measures: external examination, recount, weighing, reconciliation of positions, etc., depending on the type of product and the features of the established procedure for receiving and transmitting.
  4. Record all detected defects in the presence of the supplier's representative, enter their list into the report.
  5. Formulate the essence of the claims, if there are none, confirm this in writing: "We have no claims."
  6. Agree on the content of the document, check the correctness of its filling.
  7. Seal the act with 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 drawing up a letter of claim to the seller demanding a replacement of the batch, monetary compensation. Sending defective products to the supplier is carried out according to the return act (form TORG-2) indicating the reason for the return shipment and a detailed description of all the flaws.

If the cargo was lost or damaged during transportation, the issue of compensation for losses is decided on the basis of the contract - whether it provides for compensation for losses in such cases.

To draw up the document correctly, download a sample of the goods acceptance certificate.

Features of registration of the acceptance certificate 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 third-party warehouse are filled in triple copy: 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 the goods in a third-party warehouse is a safekeeping agreement, which determines the quantity and cost of the transferred products, the number of deliveries and other conditions.

Legislation does not impose requirements on the presence of a deed of transfer if there is an invoice for the goods signed by the parties, but this document, in the event of disputes, is legally binding in court.

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Acceptance certificate of the construction object (download a sample)

After the completion of the construction of the object, it is transferred to the customer from the construction organization. Such a transfer is accompanied by the preparation and signing of the corresponding 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 project is transferred to another customer or performer (contractor). The transfer of the object to another contractor must take place on the basis of an additional contract and with the consent of the customer.

If the object is fully built, then the acceptance certificate of the object is a confirmation document of the parties' fulfillment of their obligations under the construction contract. The developer, transferring the object, confirms by 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, at least in three copies: for the receiving side (Customer), for the transmitting side (Contractor), for a state institution. All copies signed by the parties are equally valid.

The 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. Assessment of the object can be combined with its acceptance by the customer. If the participants in the construction have decided to accept an object with unfinished finishing work or the object requires completion, the contract must reflect the scope of work.

Acceptance of the construction object for operation is completed with the preparation and signing of the acceptance certificate. The act of standard intersectoral forms No. KS-11 and No. KS-14 must be used. These forms are used when accepting the completed construction of all objects, both industrial and residential, of any form of ownership.

On the basis of 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:

  • representative of the executor (contractor)
  • customer's representative or person authorized by the investor
  • members of the acceptance committee (form No. KS-14).
  • The composition of the commission is determined by the investor or customer.

    The act of acceptance and transfer of real estate

    Acceptance by the customer is drawn up on the basis of 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.

    On the basis of the acceptance certificate, the contractor must submit reporting documents confirming the fulfillment of contractual obligations.

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    ACT OF TRANSFER OF THE OBJECT TO THE PRODUCTION OF WORKS IN THE CAPITAL REPAIR OF THE RESIDENTIAL FUND

    Appendix 12

    to the Regulation on the organization of capital

    repair of residential buildings in Moscow

    APPROVED

    Deputy head

    administrative body

    ________________________

    "___" __________ 199_

    TRANSFER OF THE OBJECT TO THE PRODUCTION OF WORKS

    FOR A CAPITAL REPAIR OF A RESIDENTIAL FUND

    moscow 19__ ______ months ________ days

    __________________________________________________________________

    on the basis of the contract between the customer and the contractor from __________________

    e) power supply

    f) low-current devices.

    4. Security of the work front (whether permanent or

    temporary resettlement of residents or withdrawal of tenants).

    5. Permission to fence the facility has been issued.

    6. Availability of sectional schedules for the production of work, taking into account

    completion of repairs according to title terms (specify them) _________

    __________________________________________________________________

    for hanging in prominent places of buildings.

    7. A general meeting of residents of the building was held to familiarize

    them with the timing and nature of the work (to be filled in when

    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 on the following:

    1. The Customer hands over, and the Contractor accepts the entrances of a residential apartment building No. __________ __________ st. __________ for the purpose of cleaning the entrances on the basis of contract No. ________ between the Customer and the Contractor dated ___________ 20 ___.

    Availability of work production schedules, taking into account the start and end time: _____________________________________________________________________________

    3. The contractor held a planning meeting with the workers in order to familiarize them with the timing and nature of the work.

    4. The Contractor was given access codes to the entrances __________________________________

    Additional suggestions 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 facility to the contractor for the entire period of work.

    Acceptance certificate of the construction object

    Depending on the stage of completion of the construction object, a corresponding act of acceptance and transfer of the construction object is drawn up. So, for example, an unfinished construction project can be transferred to another contractor or customer (in the second case - subject to the customer's consent and drawing up 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 to the construction contract.

    By signing the act, the developer must confirm that the construction object that he transfers is free from the right to claim by third parties (this is prescribed in the act).

    The act is drawn up in at least three copies: one for the transmitting party.

    One for the host and one for the government agency. All three copies are equally valid.

    You can download a sample of the act below.

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