The act of transfer of constituent documents. Transfer of important papers when appointing a new founder

The act of acceptance and transfer of documents is intended to formalize the procedure for sending significant documentation according to a specific list. This form serves as an option to confirm that a certain person has received a certain document.

Purpose of the document

The act form is filled out by legal entities if they intend to transfer significant legal documents in the following situations:

1. Documents to other legal entities within the framework of the agreement.
2. Personnel documents for the transfer or dismissal of employees, as well as the liquidation of departments, etc.

The document records the fact of delivery of business papers, allowing you to subsequently prove the fulfillment of your obligations to the other party. The act can be filled out both as part of the fulfillment of obligations under the contract, and in other situations at the request of the parties, one of whom needs documentation.

A properly drawn up deed of acceptance has legal force, since the preparation and signing of this paper will serve as evidence of actions taken during court proceedings.

The document is signed between the two parties in two copies, one copy for each of the parties - the sender and the recipient.

Required details

Despite the fact that Russian laws do not have an approved uniform form of the document, certain requirements must be observed when drawing up and signing the act. Otherwise, the document will be considered invalid and cannot be used as evidence of receipt by the addressee of the required document.

1. The document must have a title.
2. The date when the act was drawn up and the place of its execution is indicated.
3. The company transferring the documents enters its full name as the sender on the deed.
4. The specific responsible person who executed the act is indicated: his position and full name.
5. Enter information about the addressee, i.e. person who must receive certain documents. The name of the organization is written in full, indicating the form of ownership.
6. The document must contain information about the person who should receive the list of documentation: full name and position.
7. Information about documents can be entered in the form of a table, which contains information about the name of the documents and their registration numbers.
8. The acceptance certificate must contain the signatures of the responsible employees of the enterprise involved in the process of transferring documents on both sides.
9. The document is legally significant and needs to be certified by the seal of the organization that drew up such an act.

This form can also be filled out in case of transfer of documentation between individuals. In this case, instead of the full name of the legal entity, the passport details of the parties are indicated, and the signatures are not certified by a seal due to their absence.

If documents are transferred in the original, information about this must be reflected in the act. In case of loss or damage, the drawn up act will allow you to resolve the situation with the relevant authorities. Since the risk of loss of documents is always present, it is recommended to make copies of all originals on the eve of delivery.

Video about completing the transfer of documents

The act of acceptance and transfer of documentation is also used in the work of the personnel department. When transferring important personal documents, not only an act is drawn up, but also their compliance with the list specified in the act and their authenticity are checked. This will avoid unwanted proceedings if any claims arise between the employee and the organization.

To receive material assets from one party to the contract, the other usually suffices with an invoice. But sometimes the delivery conditions require the execution of a separate transfer document, certifying both the fact of movement of the goods and its monetary value, as well as the quality characteristics of the shipped valuables. In such cases, an act of acceptance and transfer of goods is drawn up, which records all the points that are significant for the parties.

In what cases is an acceptance certificate required?

Acceptance of goods only according to the TORG-12 invoice form 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 that was required, 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 drawing up an acceptance certificate stating all detected inconsistencies.

Some types of products (for example, equipment) are always transferred under an act, since this is required by the process of their acceptance: inspection, performance testing, etc. If the goods are sent for safekeeping, an act is drawn up to describe the condition of the valuables being handed over, determine the conditions of 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 their 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 agreement as its integral part. 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 names of the responsible persons, their passport details, on what basis the parties represent them;
• number and date of the contract under which the delivery is carried out;
• a list of transferred values ​​indicating the range and quantity;
• quality characteristics of the product;
• total cost;
• presence/absence of product defects;
• a detailed list of detected deficiencies;
• claims based on the results of the acceptance procedure.

By agreement of the parties, the act may also reflect other issues:

• terms of payment for the delivered consignment of goods (full or partial prepayment, settlements after receipt of the goods);
• deadlines for final payments, numbers and dates of payment documents for advances;
• inclusion of certain product groups and specific items in separate acts.

How to correctly draw up a transfer and acceptance certificate

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 you begin accepting the goods, you must make sure that the persons present from each of the parties have the authority to endorse the transfer deed. Confirmation can be:

• power of attorney issued to an employee of the company by the head;
• 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. and bring it into compliance with the terms of delivery: remove unnecessary information, add items provided for in the contract.
2. As a rule, goods are accepted in warehouse conditions, so it is better to print out the prepared form for manual filling in 2 copies in advance.
3. Carry out the necessary activities: external inspection, recalculation, weighing, reconciliation of positions, etc., depending on the type of product and the features of the established acceptance and transfer procedure.
4. Record all detected defects in the presence of the supplier’s representative and list them in 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 contents of the document and check that it is filled out correctly.
7. Confirm the act with the signatures and seals of the parties.

Inaccuracies, blots and errors in transfer documents are unacceptable. If an error is found in the act, it must be redone before signing.

The acceptance certificate, stating that the goods were delivered with violations, with complaints about quality, is the basis for drawing up a letter of claim to the seller demanding a replacement batch and monetary compensation. Defective products are sent to the supplier using a return certificate (form TORG-2) 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 compensation for losses is decided on the basis of the contract - whether it provides for compensation for losses in such cases.

Peculiarities of drawing up the transfer and acceptance certificate in atypical cases

We examined the preparation of a transfer deed in the case of direct shipment from the seller to the buyer in the territory of one of the parties. If a third party is involved in the delivery process, they also become 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, the customer and the owner of the warehouse. Additional copies of the acts may be required by the carrier company, 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 cargo and the receiving organization. The basis for placing goods in a third-party warehouse is a custody agreement, which determines the quantity and cost of transferred products, the number of deliveries and other conditions.

The law does not impose requirements for the presence of a transfer deed if there is an invoice for the goods signed by the parties, however, in the event of controversial situations, this document has legal force in court.

When transferring material assets under a lease or purchase and sale agreement that were received by the company free of charge, it is important to record the fact of the transfer of values ​​from one party to the other. The act of transfer of material assets is an important document and performs several functions:

• Is a confirmation of the transfer of values ​​from one party to another;
• By signing the act, the receiving party assumes responsibility for the transferred goods;
• Contains a complete detailed list of transferred values.

Certificate of acceptance and transfer of goods: mandatory details

Companies have the right to develop their own forms of documents that they will use in their activities. However, the legislation contains a number of requirements that will need to be taken into account when drawing up documents. In particular, all forms used must contain the mandatory details listed in Part 2 of Art. 9 of Federal Law No. 402-FZ of December 6, 2011

Mandatory details that the goods acceptance certificate must contain:

• Document title: “Acceptance and transfer certificate of goods and materials”;
• Date the document was completed;
• The name of the company that compiled the document;
• The document must reflect the essence of the fact of economic life - if this is an act of acceptance and transfer of material assets (sample below), then information about the transfer of goods from one party to another;
• The value of the meter of the fact of economic life in physical or monetary terms (indicating the units in which it is measured);
• The positions of the persons who signed this sample goods acceptance certificate and are responsible for the registration of this event or transaction;
• Signatures of responsible persons and transcripts of signatures (surnames, initials) or other details that will help identify them.

The details listed above are universal and mandatory for all primary documents. In addition to the listed details, the sample transfer and acceptance act for goods and materials must contain a complete detailed list of goods, the transfer of which is formalized by this act: listing of names, quantity of goods for each item, cost.

The document is drawn up in 2 copies - one copy each for the transferring and receiving parties. The list of officials who have the right to sign primary accounting documents is determined by the head of the company. Such powers can be determined by order of the manager, job description or other internal document of the organization.

In what currency should primary documents be prepared?

It is worth noting that one of the mandatory details that the act of acceptance and transfer of goods contains is the monetary value of the fact of economic life, indicating the units of measurement. There is no clear indication in the legislation that primary documents must be drawn up only in rubles. However, it is worth considering that accounting items (assets, income, expenses, etc.) must be reflected in rubles. Accounting statements are also prepared in Russian rubles. Thus, taking into account these 2 facts, primary documents that confirm the facts of economic life must be drawn up in rubles.

If you work with foreign counterparties and the use of foreign currency is due to necessity, you can do the following: provide several columns for different units of measurement or draw up an additional document that will explain the contents of the document drawn up in foreign currency.

Certificate of acceptance and transfer of documents- a document reflecting the transfer of a document from one person to another. It often happens that an organization changes its manager or chief accountant. The change always occurs with the transfer of the necessary documentation. If such a transfer is not recorded in any way, then employees and the company itself risk losing the necessary information and complicating the process of joining a new employee.

To record such a procedure and inventory documents, an act of acceptance and transfer of documents is used. A signed deed is a document that confirms that one party has delivered documents and the other has received them. And the conditions in this act are written in such a way as to confirm this fact.

The signature of the parties in this act indicates that there are no claims of one person against the other in the event of disputes arising in the future. Moreover, a correctly executed act will have legal force even if the dispute between the parties goes to trial.

Certificate of acceptance and transfer of documents: main points

Each company has the right to draw up this act at its own discretion and form. The only important thing is that the document contains the following points:

Name, date and place of execution of this act

Name of the enterprise in which this transfer is carried out (for legal entities)

Last name First name Patronymic name of the person transferring the documents (usually this is the person who draws up this document). Also, if necessary, passport information is entered.

Last name First name Patronymic name of the person receiving the documents (if this person is an employee of another company, then the details, the name of this company).

A list of documents transferred under this act, indicating the number of copies, number of pages, number and date of documents.

If there is a large volume of material, it is quite reasonable to describe the documents in an appendix or in a special table, where each document is given its own serial number and its full characteristics. All this is necessary so that not a single document is lost.

Signatures of the parties are placed, which means agreement with the document and the absence of claims. The seal of the company in which the documents are transferred is also affixed.

Such an act may well be drawn up between individuals without specifying organizations. There are enough details and passport data of the parties here.

It should be noted that such an act can also be used when registering a service, when the customer assumes responsibility for storing important and valuable documents for the duration of the work. For example, such a service could be the preparation of foreign travel documents. In the event of loss of original and valuable documents by the contractor, the client who has this act has good reason to contact all necessary authorities in the event of a dispute.

Another useful aspect in the transfer of valuable original documents is their copying by the transferor. The act of acceptance and transfer of documents is prepared in two copies, one for each of the parties to the transfer. Below we bring to your attention samples of such acts.

ACT

acceptance and transmission of documents

G. ________________ " " _________________ 20__

_______________________________ in the face ________________________________________ , on the one hand, conveyed, and _____________________________ in the person of ______________________________ , on the other hand, adopted the following documents:

This act is drawn up in two copies, one copy for each of the parties.

Transmitted documents: Received documents:

__________________ / / _____________________ / /

In office work, situations arise when it is necessary to transfer documents, for which a special act is drawn up. Its goal is to remove responsibility from the employee who is to accept the documented work. This also makes it possible to assess the state of affairs at a certain point in time with maximum reliability.

How to correctly draw up an act of accepting the transfer of documents to another person?

And although there is nothing complicated in drafting, one cannot underestimate the importance and necessity of its design. In further work without it, in some cases it is almost impossible to prove the very fact of transfer of important information from one party to another. The paper has legal force, which means that in the event of controversial issues, it will be the official document that any court will have to take into account.

When transferred to another person

The act of acceptance and transfer is confirmation of the fact that the transfer from one individual to another, or from a legal entity to another legal entity through their official representatives, took place.

The information listed below should be indicated in the act when transferring documents to another person:

• serial and serial numbers;
• content;
• number of pages;
• number of copies;
• availability of originals or copies, etc.

Such scrupulousness in execution is necessary to be able to distinguish any other similar papers by various characteristics.

When there is a change of general director

The act of acceptance and transfer of documents when changing the general director is drawn up after a decree on his change has been issued, and data on the changes made have been sent to the tax service, or after the preparation of the minutes of the meeting of founders on the change in the leadership position of the organization. This paper is drawn up by the secretary, signed by former and future directors, as well as by the chairman of the general meeting of founders.

Upon dismissal of the chief accountant

The act of acceptance and transfer of documents upon dismissal of the chief accountant is drawn up in any arbitrary form and always in two copies, since one of them is kept in the organization itself, and the second must be transferred to the former chief accountant.

It must contain the following information:

• the date when the paper is transferred;
• name and details;
• detailed information about missing papers and detected discrepancies in accounting data.

From the old leader to the new

In this case, the following information and data should be provided:

• all constituent documents of the organization;
• the remaining constituent papers not submitted to the accounting department;
• management reporting.

When reorganizing an LLC

When drawing up an LLC during the reorganization process, there is no established template. In this particular case, everything is drawn up in a free form, since the main thing in it is the statement of the fact of the transfer of all rights of the LLC to the legal successor. A prerequisite for registration is approval by the persons who made the decision to reorganize it. A standard sample transfer and acceptance certificate for the reorganization of an LLC includes the following mandatory sections:

• Name;
• date of its registration;
• list of transferred property;
• signatures of the parties involved;
• approval marks.

When selling a company

When selling an already established company, this paper plays a very important role, since along with the sale, responsibility for the safety of all existing papers, as well as the seal of the existing enterprise, passes to the new management.

Sample act of acceptance of transfer of documents

Although in most situations it can be compiled in any form, there are also existing templates according to which they must be compiled.

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