Business plan for a watch repair company or how to make money from the rich. What documentation is required? Preparation of documents necessary to open your own business

It's not that uncommon to find yourself in a situation where you need to borrow money. When small amounts are involved, problems arise in exceptional situations.

But sometimes they lend large sums. Here you cannot do without a special registration procedure.

Sample and form of receipt for receipt of money

In this case it is acceptable free form filling. Gradually he developed a certain structure.

A sample document looks like this:

1. The name is written at the top.
2. Next, the individual – the borrower – records his data. To do this, you need to write down your passport details and place of registration.
3. Then they write from whom the money was received. Here you need to provide the same information in detail as for the borrower.
4. They further claim that the money was transferred in a certain amount. In this case, the amount of debt is indicated in numbers and words. Record the date when they were transferred.
5. If money is borrowed, an obligation is given to return it no later than certain date and undertake an obligation, in case of delay in repaying the debt, to pay certain penalties.
6. Indicate the purpose for which the money is being transferred.
7. At the bottom, the recipient puts the date, signature and its explanation.

Indicating the purpose for which the money is being taken is especially important for other types of receipts. Such a document is usually used if a person receives a sum of money for any purpose. For example, this could be done to pay for the purchase of a car from another citizen.

Receipt form for receiving funds

This is what the document template looks like:

What is a receipt and why is it needed?

If the transaction is certified by witnesses, indicate their personal data (including registration, passport details) at the bottom of the page, then sign the document.

This paper certifies the transfer of a certain amount of funds.

In some cases, we may be talking about borrowing money. In others - about payment, for example, when buying an apartment.

The receipt has important for the following:

1. Evidence that funds have been borrowed and that the loan must be repaid by a certain date.
2. Confirmation of the fact that obligatory payment was done on time and in full size.

Who writes the receipt

Although the most common situation is when the text of the receipt certifies the fact that money has been borrowed, there are other situations where it is customary to use it:

1. As you know, it is the child, and not his mother, who has the right to receive alimony. That is, if she refuses payments, the child subsequently has the right to demand them. In order to confirm the fact of payment of alimony, the father can take a receipt each time he pays.
2. When living in a rented apartment, an agreement is concluded that provides for regular payment. To certify the fact of timely deposit of money, it is enough to formalize it in this way.
3. If you purchase a car, using this document you can certify that the calculation was carried out in a timely manner and in in full.
4. Other situations.

Do I need to get it certified by a notary?

The law does not require this. When the amount is less than 10 minimum wages, legal force has an oral debt agreement.

If the amount exceeds this limit, a written form is required.

However, if you have to prove in court that the funds were transferred, a document certified by a notary will be a convincing argument.

Are witnesses needed?

The presence of witnesses is not mandatory, regardless of the amount of funds transferred. But in an extreme situation, if the case goes to trial, their testimony can be important support for the acceptance of the document presented to the court.

How to write a receipt for receiving money

The Civil Code of the Russian Federation provides for the need for written form only in cases where the amount of money loaned exceeds ten minimum wages.

Notarization is not required. If we are talking about amounts not exceeding the mentioned limit, an oral agreement has legal force.

A copy of the receipt is not made. However, you need to be aware that if you refuse to pay, you will have to take the case to court. In this case, it will be necessary to provide convincing evidence.

When a receipt is written by a person you don’t know well or we are talking about a significant amount of money, with proper execution there can be no small details.

If the agreement was oral, it is difficult to prove the transfer of money.

When using a written document, you will most likely have to resort to handwriting examination to prove the fact of the loan.

In order to make the fact of registration as convincing as possible, it is advisable to do the following:

1. Fill out the receipt by hand, without using the Word editor. In this case, handwriting examination will be based not only on the analysis of the signature, but also on the handwritten text.
2. Verify the signature on the document with the correct one, the one that appears in the passport.
3. Involve one or two witnesses to participate in the execution of the document. In this case, under the borrower’s signature, the passport details of one witness are given, followed by his signature and its transcript. Then the details of the second witness are entered. Below should be his signature with a transcript.
4. Have the document certified by a notary. Usually it costs 100 rubles. If he helps draw up this document, you will need to pay additionally.

Helpful advice: It is advisable to indicate the purpose for which the borrower received the money, so that later it cannot be said that it was a gift.

The document must contain wording that the money was actually issued, that the debt actually exists, in order to exclude in the future the statement that the document was executed, but the financial resources were not transferred.

Next we will describe in detail how to issue receipts in various cases. You need to understand that any mistake may lead to the court not recognizing the demand for repayment of the debt. For example, the borrower will incorrectly indicate his data or will not provide complete information from his passport. In court, he can argue that another person lent the money.

If there is an inaccuracy in the borrower's data, it may subsequently be argued that the money was borrowed from another lender.

An example of a receipt for receiving funds

When a document is issued, this is done to certify the fact of receipt Money.

This can happen in various types of circumstances:

1. When one person borrows money from another.
2. In the event that it is necessary to make a payment for something (for example, for buying a car, renting an apartment, or in other cases).
3. Sometimes it is given to certify that the payer has fulfilled his obligations. An example here would be alimony payments.
4. In other situations.

Worth considering: In each specific case, it is not enough to simply record the transfer of a certain amount of money. It is necessary to record the circumstances of the payment in great detail and as specifically as possible.

Receipt for borrowing money

This situation is probably the most common compared to other options. Of course, the need to borrow money is not that uncommon. Usually they turn to relatives or friends for this. Often you don’t want to deal with the design.

However, this seems justified only in some cases. You can safely borrow money if you know the person well. In most cases, you will have to take into account the risk that the debtor may not want to repay the money.

In order to exclude possible problems, it makes sense to document the fact that money was borrowed.

There are no strict formal rules when writing a document, but there are requirements for the content of the document. It needs to consider:

1. The name of the document indicates that we are talking about a receipt.
2. At the beginning, you need to mention the details of the person who borrows money. The following must be indicated: last name, first name, patronymic, place of residence, passport details.
3. Next you need to fix the same detailed information about who gives money.
4. It is necessary to indicate in numbers and words the amount that is borrowed. It should be noted that the money was received.
5. It is important to indicate that we are talking about receiving funds as a loan or indicate another reason for receiving them.
6. Next, the borrower writes that he undertakes to repay the debt before a certain number. This date must be specifically stated.
7. At the end of the paper, the date the document was written, the signature and its transcript are indicated.

This data is sufficient for registration. However, it will be better if the document provides for penalties for late or valid options debt payments that the creditor agrees to.

In this case, the borrower can write that in case of delay, he undertakes to additionally pay the agreed amount (interest for days of delay or a specific amount).

How additional option payment, for example, payment in installments may be considered.

If the money was lent not in rubles, but in foreign currency, it is necessary to indicate the rate at which it can be converted into rubles on the date of writing the paper.

Take note: when lending money, it is permissible to provide for a fee for use financial means. If this is the case, the reward amount should be stated in the text.

Receipt for receipt of money under the agreement

When filling out the document in question, to certify the fact of payment under the contract, the execution takes place in accordance with the general rules.

There is only one difference. In it it is necessary to additionally indicate the purpose of such payment - repayment of debt under the agreement.

It is necessary to provide the details of the agreement (date, number, indicate counterparties, necessary items), in connection with which money is paid.

Receipt for salary receipt

Usually wage issued either at the cash desk of the enterprise against signature on the statement, or transferred to salary card. IN in rare cases payment of wages requires certification by issuing a receipt.

The document must indicate from whom and for what period the money was paid. It should be clearly noted here that we are talking about payment of wages.

Receipt for receipt of advance payment for work

IN in this case as a goal, it should be noted that an advance payment was received for work under the contract (indicate the date of the agreement, its number and the counterparty).

Otherwise, the document is written according to the usual rules.

Conclusion

A correctly drawn up receipt will prevent the possibility of problems in the future. Wherein notarization and the involvement of witnesses dramatically increase the chances of proving your case in court, if necessary.

A receipt for receipt of funds is one of the most frequently drawn up documents today. Despite the fact that in the provisions Civil Code The legislator mentions the receipt in passing; it has the same legal force as a loan agreement (but does not replace it). We will tell you in the article how to write a receipt and where to find the receipt form.

Does the receipt have legal force?

Let's start with the fact that a receipt can be written in simple writing or certified by a notary. Naturally, the second option is “easier” if you have to prove that the paper was signed by the persons indicated in the receipt.

The fact of writing can be proven by drawing up a receipt in simple written form, but this will take more time.

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Now let's look at the issue of the legal validity of a receipt that was concluded without certification by a notary. According to the provisions of Article 808 of the Civil Code of the Russian Federation, a receipt is a document that is provided in confirmation of the loan agreement. The receipt does not replace the loan agreement in any way. But if it is concluded in simple written form, then this is enough to give it legal force.

To ensure that the parties do not have any problems, it is necessary to take into account all the nuances when drawing up the document. About, how to write a receipt correctly, we will tell you below.

How to properly draw up a receipt for receiving money?

When drawing up a receipt for receiving funds, you must pay attention to the correctness of filling in the information about the borrower and debtor. IN mandatory The following details must be indicated:

• Full name;
• Date of Birth;
• information about the identity document;
• place of registration and residence.

Next, write down the amount of debt, preferably in numbers and in words. Moreover, if funds are lent not in rubles, but in foreign currency, we recommend setting out the rate according to which the refund will be made in order to avoid misunderstandings.

A mandatory condition in the receipt is a clause regarding the period for returning the money. It is necessary to register the exact date, since it is from this date that interest will be accrued for the use of other people’s funds and the period will be counted limitation period if the debtor does not repay the entire amount on time.

At the end of the document the date of preparation of the document and the signature of the borrower are indicated. We recommend that the lender compare the borrower's signature with his signature in the passport.

How to properly issue a receipt?

A receipt for receipt of funds must be in simple written form. Although it is possible to fill out the document in printed form, we do not recommend using it. This is due to the fact that according to the receipt in in writing it is easier to conduct a handwriting examination and prove that this or that citizen wrote it. One signature placed under a printed receipt may not be enough. In addition, people often change their signature. That is why it is recommended to compare the signatures on the receipt and the debtor’s passport.

There is a second design option debt document– write a receipt in simple written form and have it certified by a notary. This option has its pros and cons.

The obvious advantage is that the notary will certify the document with his signature. Accordingly, you will not have to prove that the receipt was written by the debtor - the fact will already be certified. Moreover, the notary can offer you a sample receipt if you have not yet drawn up one.

The disadvantages include additional expenses and wasted time.

In addition, the legislator does not require mandatory notarization of a receipt to give it legal force. You can do this for your own peace of mind.

Template for receipt of money

The receipt template (can be found here) is not approved by any normative act and is compiled in free form. However, summing up all of the above, you can draw up a sample receipt.

Receipt

I, Olga Igorevna Ivanova, born on September 28, 1989, passport data 7304 No. 222222, issued on January 1, 2012 by the Federal Federal Migration Service department for the Zavolzhsky district of the city of Ulyanovsk, registered and residing at the address: Ulyanovsk, st. Dimitrova, 8 kv. 14, I borrow from Vladimir Ilyich Petrov, born 09/02/1964, passport data 7305 No. 333333, issued 01/01/2013 Russian ATS By Ulyanovsk region, registered and residing at the address: Ulyanovsk, st. Iron Division, 15 apt. 89, cash in the amount of 100,000 rubles (one hundred thousand rubles) at 15 (fifteen)% per annum. I undertake to return the funds and interest on them by 08/20/2018.

Date and signature of the borrower.

Thus, a receipt for receipt of funds, even drawn up in simple written form, without certification by a notary, has legal force and can be presented in court if the debtor fails to fulfill his obligations.

This document is stipulated in the legislation of the Russian Federation quite transparently, although it has legal force similar to that of a loan agreement in a bank. So that the paper turns out to be legitimate and gives its owner certain rights, it is necessary to formalize it correctly.

What is a receipt and why document it?

A receipt is a written record of the transfer of money from one person to another (payment for goods and/or services, borrowed money, etc.).

Documentation is required when the amount is more than 1 thousand rubles.

In general, it is not necessary to draw up a paper, but this can play a fatal role if someone goes to court (for example, when trying to return/exchange money/goods).

How to properly draw up a receipt for receiving money?

It is better to compose in handwritten form(if there are disagreements, a handwriting examination can save the matter).

The text is free, it should contain the following information:

• Full names of the parties, passport data (another document that can prove identity);
• the amount of funds in words with decoding in numbers;
• reason for transferring money (purchase of goods, borrowing money, etc.);
• time of actual repayment of the loan (if the money is lent) and the amount of the interest rate (if a receipt is issued for the type of loan);
• place and date of compilation with autographs of both parties;
• details of witnesses, their autographs (if any).

From the point of view of the Law of the Russian Federation

The receipt does not have all the advantages that a loan agreement has (they are concluded by banks and microfinance organizations), but it is legitimate, i.e. used as evidence in trials.

To give more weight, it is necessary to draw up the document in the presence of several disinterested witnesses and notarize it.

How to properly issue a cash receipt?

It is recommended to compare the signatures of the parties with the autographs in the passport. If they don't match, the paper will likely become invalid. But this action will be unnecessary if the document is certified by a notary, since notary offices themselves certify the fact that the agreement was signed by these citizens.

Sample form for receipt

Rules for document execution

1. You need to make sure that the person to whom you are transferring the money has the right to receive it (for example, you rented an apartment from a woman, and her husband comes to collect the money - this is illegal).
2. Traditionally, the document is recorded in blue ballpoint pen(in particular, this makes potential examination easier since the gel pastes are lubricated).
3. Corrections, strikethroughs and other blots are not allowed. In theory, you can write “the correction is correct” next to the correction and put the signatures of the parties, however the best solution will rewrite the text completely.
4. A copy of a note (even certified by a notary) has no legal force. When presented in court, the original is required.

Sample receipt for receipt of funds No. 1

I, Petrov Petrovich, born 01/01/1991 (passport series 01 No. 001001, issued on January 1, 2011 by the Department of Internal Affairs of the Sosnovsky district of the city of Orekhovka, registered at the address Orekhovka, Internatsionalnaya St., 98, apt. 113) received from Ivan Fariseevich Ivanov on 02.02.1992. (passport series 02 No. 002002, issued on February 2, 2012 by the Department of Internal Affairs of the Sosnovsky district of the city of Odintsovo, registered at the address Odintsovo, Eshpaya St., 87, apt. 53) sum of money in the amount of 7 00 (seven thousand) rubles.

I, Petrov Petrovich, undertake to return the funds given to me in full to Ivanov Ivan Ivanovich by April 4, 2017 (if necessary: ​​with interest of 0.3% per annum).

Orekhovka

___(signature)___ Petrov P.P.

___(signature)___ Ivanov I.F.

Receipt for receipt of funds - sample No. 2

I, Petrov Petrovich, born March 01, 1995 (passport series 01 No. 001001, issued on January 1, 2015 by the Department of Internal Affairs of the Sosnovsky district of the city of Orekhovka, registered at Orekhovka, Internatsionalnaya St., 98, apt. 113) received from Ivan Ivanovich Ivanov on 02.02.1992. (passport series 02 No. 002002, issued on February 2, 2012 by the Department of Internal Affairs of the Sosnovsky district of the city of Odintsovo, registered at the address Orekhovka, Eshpaya St., 87, apt. 53) a sum of money in the amount of 11,858 (eleven thousand eight hundred fifty-eight) rubles towards payment of the rental price studio apartment, located at Odintsovo, st. Indusskaya, 657, apt. 37 under the agreement dated September 8, 2016

I received the money for renting the apartment in full, claims against Ivanov I.I. I do not have.

Orekhovka

___(signature)___ Petrov P.P.

___(signature)___ Ivanov I.I.

Sample receipt for receipt of funds for an apartment

Sample receipt for receiving a deposit for an apartment

Sample promissory note for borrowing funds

Sample receipt for refund

Sample of writing a receipt for receiving money for a car

If you are confident in the integrity of the borrower/buyer, a simple receipt is sufficient. If there is no such certainty, it is better to support the legal force of the document with notarization and testimony of witnesses.

Document - receipt of money for work performed

Registration of a receipt for receipt of funds for a house and land plot

Receipt for receipt of funds for the garage - sample

Cash receipt for receipt and payment of alimony - sample

What is a promissory note and what responsibility do the parties bear when drawing up such a document? How is a promissory note drawn up correctly, what guarantees of money back does it provide? You will find answers to all these questions in the article below. Here you can download a sample promissory note.

The amount of money borrowed has not only various purposes, but also the volume - someone takes out a loan for personal needs or major purchase, and someone to increase working capital in business. One way or another, in order to guarantee the repayment of the debt, especially when we're talking about For large amounts, it is recommended that loans be issued on paper. If credit organizations When issuing loans, they draw up loan agreements, then to receive a sum of money from individuals, a so-called promissory note is drawn up.

So what is an IOU? This official document, which confirms the fact of receiving a certain amount of money in debt. The receipt is personally handed over by the borrower to the lender at the time of transfer of money.

Note that the conclusion written contract for a loan amount exceeding 10 minimum wages at the time of the transaction is regulated by Part 1 of Art. 808 of the Civil Code of the Russian Federation.

Currently, in accordance with Art. 5 Federal Law"ABOUT minimum size wages" No. 82-FZ dated June 19, 2000 (as amended on June 1, 2011), the loan amount requiring the execution of a promissory note is from 1000 rubles.

Based on Part 1 of Art. 162 of the Civil Code of the Russian Federation, in the absence written form loan agreement, in cases of disputes, the parties cannot refer to witness testimony to confirm the transaction and the conditions for the return of funds.

A promissory note or other document confirms the loan agreement and its terms in accordance with Part 2 of Art. 808 of the Civil Code of the Russian Federation, which, in turn, determines the existence of obligations between the borrower and the lender regarding the loan and the return of the corresponding amount of money. However, it is worth noting that, alas, not every promissory note can ensure the collection of money from the debtor in the event of a violation by the latter of the agreements. The main reason this fact– an incorrectly drawn up document.

Mistakes often made when drawing up a debt receipt

As shown arbitrage practice, quite often there are cases of incorrectly executed debt receipts, which make it difficult or even impossible to collect the amount of debt from the borrower. Let's list the main ones.

Error 1. The promissory note does not identify the person who received the amount of money.

For example: “This receipt was given by me, Petrov Petrovich, that I received a sum of money in the amount of 25 thousand rubles as a loan from Marina Ivanovna Ivanova.”

Often, such errors in debt receipts can be found in the case of a loan between persons who are on friendly or family relations, and as a rule, the attitude towards the document is a pure formality. However, if a dispute arises regarding the repayment of the debt, to prove that it was this Petrov Petrovich who received the loan amount, you will have to undergo a handwriting examination.

Another example of this error is the fact that there is no information about the creditor in the promissory note.

For example: “This receipt is given by me, Petrov Petr Petrovichev, born XXXXX, a native of the city of XXX, passport XXXXX No. XXXXXXX, issued by XXXXXXX, registered at the address XXXXX that on May 1, 2014 I received a sum of money as a loan in in the amount of 25,000 rubles with a return period until May 1, 2015.”

Suggested wording of the text for the promissory note, if any legal proceedings regarding debt repayment, it may suggest that the debtor may present to the court a completely different loan agreement, with a similar date and amount, but indicating other information about the borrower (for example, one of his relatives or friends). Having reported that the document that was presented by the plaintiff, and which was directly related to this agreement, was lost by the lender, but the loan took place.

Error 2. The promissory note was drawn up without indicating the receipt of a certain amount of money by a specific borrower.

For example: “This receipt is given by me, Petrov Petr Petrovichev, born XXXX, a native of the city of XXX, passport XXXX No. XXXXXX, issued by XXXXXXX, registered at the address XXXXX that on May 1, 2014 I agreed with Ivan Ivanovich Ivanov on a loan a sum of money in the amount of 25,000 rubles.”

Such wording of the promissory note may lead to the fact that an unscrupulous borrower in the future, when the due date comes debt obligation about the return of a sum of money, will claim that the loan was agreed upon, but not at all about its receipt.

Based on Art. 812 of the Civil Code of the Russian Federation, the borrower has the right to challenge the loan agreement due to its lack of funds, presenting in court arguments proving the absence of the fact of transfer of money. If the court accepts the borrower's position, the loan agreement (promissory note) will be declared invalid, and the lender will be refused to satisfy the debt collection requirements.

Error 3. When drawing up a promissory note, the purpose, term and conditions for repaying the amount of money received as a loan may not be indicated.

For example: “This receipt is given by me, Petrov Petr Petrovichev, born XXXX, a native of the city of XXX, passport XXXX No. XXXXXX, issued by XXXXXXX, registered at the address XXXXX in that on May 1, 2014 I received from Ivanov Ivan Ivanovich XXXXX .b., a native of the city of XXX, passport XXXXX No. ХХХХХХ, issued by ХХХХХХ, registered at the address ХХХХХ in the amount of 25,000 rubles.”

This wording of the promissory note fully allows the borrower, in the event of a dispute, to claim that the amount specified in the document was received as payment for any action (sale agreement, received as a gift, etc.), and subsequently become the main reason for the impossibility return of funds to the lender.

Error 4. When the promissory note does not indicate the conditions for issuing the loan, namely: whether the loan is targeted/non-targeted; debt repayment period; interest rate or the loan is interest-free.

So, if the loan was provided to the borrower for some specific purposes, but they were not covered in the promissory note, the lender does not have the right to demand repayment of the amount in ahead of schedule, even if these funds are spent for other purposes.

If the receipt does not contain a deadline for the return of funds, on the basis of Part 2 of Art. 314 of the Civil Code of the Russian Federation, the borrower is obliged to repay the loan within 7 days from the moment the lender submits demands for its repayment. If the borrower does not make contact and avoids meeting with the lender, it will be very difficult to prove the fact of presenting demands for the return of funds and the existence of an overdue loan repayment period.

The lack of information in the promissory note about the interest rate for the use of other people's funds can also lead to controversial proceedings, including in the case

debt collection in judicial procedure

Based on Art. 809 of the Civil Code of the Russian Federation, the absence in the debt receipt of information about the payment of a loan, the amount of which does not exceed 50 times the minimum wage (currently 5,000 rubles), and the purpose of the debt is not to increase income in any area entrepreneurial activity, then such a loan can be issued as interest-free.

If the debt receipt does not contain a note indicating the borrower’s obligation to pay a penalty if there is a delay in repaying the debt, the lender does not have the right to require the debtor to pay it, which is regulated by Art. 331 of the Civil Code of the Russian Federation, which states that, regardless of the form of the main debt obligation, the agreement of the parties to pay the penalty must be made only in writing.

Error 5. The promissory note is printed on a computer. This form of drawing up a document may lead to the borrower challenging the fact of signing with his own hand, and in the future, the need to conduct a handwriting examination. This error Accordingly, it will entail delays in debt collection and unnecessary financial expenses.

In addition, if the borrower’s signature includes a small number of symbols, the expert may well issue a conclusion that it is not possible to establish the correspondence of the symbols on the receipt to the borrower’s (debtor’s) signature.

Error 6. The promissory note, written in the borrower's own hand, contains corrections.

Remember that any corrections in documents relating to cash loans may subsequently negatively affect the proof of the reliability of information data, namely: the amount of the loan, the repayment period and the amount of interest paid.

How to properly draw up a debt receipt

As a rule, a promissory note does not have established form writing, the document can be drawn up either in simple written form or notarized. A correctly drawn up promissory note has complete legal force and does not require certification by a notary. However, it is worth noting that in the event of disputes regarding the repayment of debt in court, a notarized document will significantly speed up the process, eliminating any claims by the borrower.

So, the promissory note must be written in the borrower’s own handwriting and not have any corrections or inaccuracies. This document must contain:

1. information identifying the lender and borrower (full last name, first name, patronymic, date and place of birth, passport details, information about registration at place of residence, contact numbers);
2. information indicating that the amount of money in a certain size transferred from the lender to the borrower as a loan; the amount of the amount must be indicated in numbers and words;
3. the conditions on the basis of which the loan was issued, namely: targeted/non-targeted, repayment period, interest rate for the use of funds or interest-free loan.

In addition to the above points, in order to reduce the risk of non-refund of funds, promissory note it is recommended to include several important conditions, namely:

• Requirements for the borrower to pay a penalty in a certain amount in case of failure to repay funds on time.
• Requirements for the possibility of considering any disputes regarding the amount issued as a loan and the receipt, in judicial authorities at the place of residence of the lender. This condition can have a positive effect in the event of disputes about debt repayment, if at the time of drawing up the debt receipt the borrower is registered in another city, or immediately after receiving the funds he changed his place of residence.

This requirement can be stated in a document on the basis of Article 32 of the Code of Civil Procedure of the Russian Federation, according to which the parties involved in the agreement (debt receipt), by agreement, can establish territorial jurisdiction for business.

• Borrower Understanding Requirement legal consequences issuing a promissory note. This condition must be written down in the borrower’s own handwriting, and in the event of a dispute, the lender has the right to refer to the fact that the borrower, when receiving funds, was fully aware of the consequences of his actions.

Are witnesses needed when drawing up a promissory note?

Although current legislature The Russian Federation does not contain conditions confirming the need for witnesses when concluding a loan agreement; the presence of the latter when transferring money and receiving a promissory note is not prohibited. In cases of legal proceedings, the presence of witnesses confirming the fact of transfer of money, as well as the conditions for their return, can play a role important role. Based on the foregoing, the lender has the right to require the borrower to include in the text of the promissory note information about the witnesses present at the time of transfer of money.

Important! When repaying the debt (full or partial), the lender must give the borrower a receipt for the amount of the debt and return the promissory note taken earlier when applying for the loan. A receipt for receipt of funds from the debtor may be replaced by a corresponding inscription on the document returned to him.

Sample promissory note

When transferring funds into debt, the parties can draw up either a loan agreement or a regular promissory note, a sample of which is given in the article. About how to draw it up correctly, whether it needs to be notarized, and also ready-made example discussed below.

Promissory note form (word)

Sample of drawing up a receipt for receiving money (word)

Purpose and varieties

The existence of the document and its legal force is recognized in civil law. The main purpose is to confirm in writing the fact of a loan that is given to one private person from another. Thus, the promissory note, regardless of its specific sample serves as the main confirmation of existing financial obligations one citizen over another.

IOU (sample)used in civil relations associated with the receipt of funds by one party and their transfer to the other, both in fulfillment of any obligation, and in voluntarily. Where to find a sample promissory note and what you should pay attention to when drawing it up, you will learn from our article.

Receipt for loan of funds

A promissory note is a document whereby one party transfers funds and the other accepts them.

The promissory note (free sample download) should be drawn up taking into account some recommendations.

The Civil Code stipulates that a receipt must be drawn up in writing if the amount of a loan transferred by one individual to another exceeds 10,000 rubles. This is a mandatory condition: otherwise the document will not have legal force. Accordingly, if the loan amount is less than 10,000 rubles, then citizens can enter into an oral agreement on the terms of the loan and the timing of its repayment. But regardless of the loan amount, you can always put the receipt in writing.

The text of the receipt must indicate the full details of the borrower and lender, namely full name, date of birth, passport details and place of registration/residence.

Next should be information about how much is being loaned and at what interest. If we are talking about the amount in Russian rubles, then everything is clear. But if you lend in foreign currency, then it would be useful to indicate its exchange rate at which the debt should be repaid. This will help you avoid unnecessary misunderstandings, since, for example, the exchange rate of the euro and dollar fluctuates, and it is quite possible that at the time of repayment of the debt the exchange rate will fall. This way you will insure yourself against repaying the debt in a smaller amount.

And one of the most important requirements for the receipt is an indication of the period for repayment of the debt. It is advisable to write a specific date.

Receipt form for receipt of money

The form of the promissory note is not approved by any regulatory legal act. Accordingly, based on the requirements of the Civil Code, it can be drawn up in simple written form.

The promissory note (form) can be handwritten or printed on a computer. Our advice is to write by hand, so that with the help of a handwriting examination you will be able to prove in court that the receipt was written by the debtor.

Thus, the receipt form can be handwritten or typewritten; provides for the option of an oral agreement between citizens on the terms and amount of the loan. But the Civil Code establishes that if the amount of debt exceeds 10,000 rubles, then the document must be drawn up in writing.

Debt receipt certified by a notary

According to the Civil Code (Article 163), transactions are subject to mandatory notarization in the following cases:

• if provided by law;
• if the parties have expressed such an intention.

That is mandatory condition there is no requirement that the receipt must be certified by a notary.

But it is not for nothing that Article 163 of the Civil Code talks about notarization transactions. The fact is that the notary will not certify the receipt as a document for you. He can certify the loan agreement and the receipt as an integral part of the agreement.

Therefore, if you are planning to go to the notary with only one receipt, then be prepared for the fact that your request will be denied.

What to do in such a situation?

1. If the money was not transferred according to the receipt, but you have a firm intention to insure yourself against non-payment of the debt by the other party, draw up a loan agreement in simple written form, attach a receipt to it and go to the notary.
2. If the money has already been transferred according to the receipt, and you would still like to have it certified by a notary, there is no point in drawing up a loan agreement. Moreover, a written receipt already has legal force. And if the debtor does not want to return the money to you, regardless of whether the document is certified by a notary or not, you will still have to go to court.

Sample promissory note with witnesses

In practice, quite often there are cases of drawing up a receipt in the presence of witnesses.

Not provided for by the Civil Code mandatory presence witnesses when drawing up a receipt. We conclude: even if there are witnesses, they will not certify the receipt and signatures of the parties.

But! Let us turn to Article 812 of the Civil Code, which clearly states that if a loan agreement is concluded in writing, challenging it due to lack of money with testimony is not allowed. The exception is cases when the agreement was concluded under the influence of violence, deception, threat, etc.

But! If the case comes to court, witness testimony will be very useful, for example, in the case of confirmation of the circumstances related to the writing of the receipt: where it was written, by whom, whether the debtor was forced to write the receipt, etc.

Thus, if you still decide to play it safe, a sample promissory note with witnesses can be found here.

The receipt can be certified by a notary or not, drawn up with or without witnesses - at your discretion. In our article we tried to present the main arguments that may encourage you to apply additional ways insurance when drawing up a receipt. Whether you use them or not is your choice.

People often borrow money from each other.

But people often forget to return their Great Danes. And it doesn’t matter here whether you lent it to a friend or to a stranger. As they say, if you want to lose a friend, then give him a loan.

What to do in this case?

You need to know what to documentary evidence Transferring funds from one person to another requires a receipt.

How to write a receipt correctly, everyone should know!

Remember! The fact of transfer of funds is certified only by documents. Testimony It is impossible to prove the transfer of money by law.

Such documents can be checks, receipts for receipts cash orders, money orders, Bank statements, but the most common way to certify the fact of transfer of money from one individual the other is a RECEIPT.

Therefore, no matter who the borrower is (friend, relative, boss), always issue a receipt.

Howwrite the receipt correctly?

1. It is advisable to write the text by hand. The borrower must write a receipt in his own hand. This is necessary in case of expert identification of handwriting.
2. It is necessary to indicate the passport details of everyone, both the lender and the borrower, and not just the last name, first name, patronymic.
3. Specify your registration address and actual address residence of both parties to the transaction.
4. The amount of money that the debtor borrows must be written in numbers and words.
5. Do not forget to indicate the exact date of repayment of the debt amount.
6. The debtor must sign the receipt, just like a passport. Indicate your initials.
7. The date of the receipt is also required.

I would like to draw your attention to the fact that receipts are different. Some confirm the fact of simply transferring money on debt, that is, without indicating intended purpose loan Others certify the fact of payment for the purchase of a particular item, etc.

The court's decision depends on how correctly the receipt is drawn up.

Receipt certifying a monetary obligation:

RECEIPT

I, Maxim Khadirovich Isoyan, born October 25, 1981, residing at the address: Kurgan, Glinki village, Zarechnaya street, 12, registered at the address: Kurgan region, Vargashinsky district, urban-type settlement Vargashi, Matrosova street, 20, holding a passport series 60 04 number 808977, issued by the Vargashinsky district police department Kurgan region On May 20, 2004, unit code 452-003, received from Denis Valerievich Kolosov, born November 11, 1984, who has a passport series 37 04 number 808977, issued by the Internal Affairs Directorate of the city of Kurgan, Kurgan region on March 27, 2004, unit code 451-001, residing in address: Kurgan, st. Prigorodnaya, 122, a sum of money in the amount of 16,500 (Sixteen thousand five hundred) rubles 00 kopecks, and I undertake to return to the latter no later than 01/19/2009.

(Date, signature)

The signature should be like in a passport and preferably not short. This is necessary in case a handwriting examination is carried out if the debtor in court denies writing the receipt. If the signature is small, then experts, as a rule, cannot answer the question posed by the court as to who owns it. this signature in the receipt, due to the limited scope of the research object.

Receipt certifying the fact of transfer of money:

RECEIPT

I, Abdulvaleev Tagir Ebatovich , born February 28, 1978, passport 37 03 879564, issued by the Kurgan police department on December 15, 2003, division code 451-001, registered and residing at the address: Kurgan region, Kurgan, 5 microdistrict, building 20, apartment 118, received fromDedov Andrey Yurievich , Born November 13, 1987, passport 37 06 158963, issued by the Department of Internal Affairs of the city of Kurgan on December 10, 2006, division code 451-001, registered and residing at the address: Kurgan region, Kurgan, st. Urozhaynaya, 125, money in the amount of 170,000 (one hundred seventy thousand) rubles to pay for the car I sold to my laststamps VAZ-21093, 2007 year of manufacture, state license plate_Х785СЭ45 an identification number HTA21093OT1928615, model, engine number 21083-1951419 , chassis (frame) No. absent, body (cabin, trailer) No. 1928615 , color white belonging on the basis of a passport vehicle series 45MM No. 692446 issued by the State Traffic Safety Inspectorate at the Internal Affairs Directorate for the Kurgan Region, registered with the MOTOR AMTS State Traffic Safety Inspectorate at the Internal Affairs Directorate for the Kurgan Region 05/19/2007 about which the vehicle registration certificate 45 MM692446 dated May 19, 2007 was issued.

04.01.2019

Why do you need a receipt, what is a cash receipt, in what cases is a promissory note drawn up, how to draw them up correctly? What is the difference between an IOU and a cash IOU?

Drawing up a debt (cash) receipt is necessary when concluding a loan agreement. The possibility of receiving money from it in the future depends on how correctly the receipt is drawn up. Such a receipt can be used in court as a loan of money and terms of the loan agreement.

A cash receipt must also be drawn up when concluding a written loan agreement, including a notarized one. It is the receipt that will confirm the fact of transfer and receipt of money by the borrower. If you have a correctly drawn up receipt in your hands according to the sample prepared by professional lawyer, it will be difficult for the borrower to deny his debt.

Do you want to protect yourself when borrowing money?

Why do you need a receipt?

A receipt is a document confirming receipt of something. As a rule, the receipt is drawn up by hand or printed. The receipt indicates who received what and for what. The date and signature of the recipient are included.

The receipt is a one-sided document, that is, it is drawn up and signed by only one person. The person who receives the item. The receipt is given for storage to another person, the one who transfers the thing. The receipt is a supporting document.

If necessary, it can be confirmed as evidence of a completed agreement.

The most common are receipts for receipt of money. Such a receipt confirms that the money was actually received. Money can be transferred under other types of contracts. A receipt can be used to confirm receipt of alimony and compensation for damages. receipt can confirm. what the employee received for reporting material values or cargo.

And in all these cases, the receipt will act as proof of the relevant agreements.

What is the difference between a promissory note and a cash receipt?

If we talk about a receipt confirming a loan of money, then the terms cash or promissory note are equivalent. However, these concepts can be used in other situations. Thus, a cash receipt can transfer money in general, and not just as a loan (for example, a cash receipt confirms the repayment of a debt or the transfer of money for sold property). Not only money, but also other things can be transferred under a promissory note. From this we can derive the following definitions:

• IOU- This is a document confirming the existence of a debt under a loan agreement.
• is a document confirming the transfer of funds.

A promissory note can be used to lend money, things or securities. Using a cash receipt, money can be transferred both as a loan and to repay a debt or pay off other obligations.

Therefore, it would be correct to draw up a promissory note specifically to confirm the loan, and a cash receipt for other cases of confirmation of the transfer of money.

Requirements for a receipt for the transfer of money

Consider 5 mandatory requirements to the promissory note:

1. It is necessary to indicate the place where it was compiled ( locality, where the money is transferred).
2. Write down the name of the document being compiled - IOU or Cash receipt
3. Must be indicated full last name, the name and patronymic of the one who borrows money and the one who lends. The data is indicated without abbreviations, they must correspond to those indicated in the passport, it is possible to indicate the full passport data of the parties.
4. The loan amount is indicated ( specific amount, which is passed from hand to hand, is indicated in rubles and kopecks, it is better to duplicate the digital data in written text).
5. The date when the money was received is indicated (the date is indicated in full, that is, day, month, year).
6. At the end of the receipt, the borrower’s signature is required (the signature must be written in full and correspond to the borrower’s full signature in normal conditions. If the document is printed on a computer, it will be correct if the borrower at the end of the receipt writes his last name, first name and patronymic by hand without abbreviations and signs).

There are 2 more additional requirements to the receipt, which are indicated at the request of the parties:

1. The period when the money will be returned (repayment of the debt can be in parts or the entire amount). The date may be specified specifically as “DD-MM-YYYY” - this will be the correct option to avoid confusion, or a specified period of time. If the date is not specified on the cash receipt, the money will be returned 30 days after the creditor submits the claim.
2. The amount of interest for using money (usually the amount of interest is indicated for a month, but it is allowed to indicate interest for any period) and the amount of interest (fine) for violating the terms of repayment of the loan (usually the amount of interest is indicated for each day of delay).

How to get money back from a promissory note

When you issue a receipt, you should think about how to get the money back later. It’s good if a good and trusting relationship has been established between the parties, and no force majeure events occurred during the loan, no one got sick, no one lost their job or other income. But no one is immune from these troubles in life.

When transferring money by receipt, you should in any case limit the transferred amount to the available capabilities, so that later non-repayment does not lead to bankruptcy of the borrower.

When drawing up a receipt for receiving money, carefully read all the data indicated in it so that there are no errors. Special attention pay attention to correct writing last name, first name and patronymic of the borrower and debtor (it is better to check with the passport), as well as the amount of money indicated in the receipt (it is better if, in addition to numbers, the amount is written down in words). The promissory note must indicate that the money is being transferred as a loan.

In case of delay in repaying the debt according to the receipt, violation of the terms of the loan agreement, the loan is filed with the court.

Samples of promissory note

IOU TO RECEIVE MONEY

For the use of funds interest is established at the rate of ____% per month.

The borrower shall return the money and interest for use specified in the receipt within “___”_________ ____.

IOU (no interest)

Compiled in _________ (name of locality).

I _________ (indicate the full last name, first name and patronymic of the person who borrows money) received from _________ (indicate the full last name, first name and patronymic of the person from whom the money is borrowed) as a loan under a loan agreement ______________ (indicate the amount in rubles) .

Borrowing money is interest-free.

The borrower shall return the money specified in the receipt within “___”_________ ____.

Date of receipt “___”_________ ____

Borrower's signature: _______ (full full name)

IOU RECEIPT (general sample)

Compiled in _________ (name of locality).

I _________ (indicate the full last name, first name and patronymic of the person who borrows money, things or securities) received from _________ (indicate the full last name, first name and patronymic of the person from whom the money, things or securities are borrowed) in debt for loan agreement ______________ (indicate the amount in rubles or quantity and features things, name and quantity valuable papers).

For the use (of money, things or securities) interest is established at the rate of ____% per month from __________.

The borrower makes the return of the money, things or securities specified in the receipt and interest for use within “___”_________ ____.

For violation of the deadlines for repayment of the debt under the loan agreement and interest, the borrower undertakes to pay interest in the amount of ____% for each day of delay on the overdue amount.

Date of receipt “___”_________ ____

Borrower's signature: _______ (full full name)

Download a sample receipt:

Sample cash receipt

CASH RECEIPT

Compiled in _________ (name of locality).

I _________ (indicate the full last name, first name and patronymic of the person receiving the money) received from _________ (indicate the full last name, first name and patronymic of the person giving the money) a sum of money in the amount of _______ rubles. (amount in words) on account of _________ (indicate the reasons for transferring money).

Date of receipt “___”_________ ____

Signature of the person who received the money: _______ (full full name)

Download a sample receipt:

Questions when issuing a cash receipt

Is it necessary to notarize a promissory note confirming receipt of money?

A receipt confirming the conclusion of the loan agreement. The receipt itself is not certified by a notary. The receipt is in simple written form - this means that it can be handwritten or printed. Notarization The loan agreement does not require it, but such certification can be carried out with the consent of the parties. On practice simple receipts, drawn up by the parties independently, have the same force for the court as a loan agreement certified by a notary.

The money is already borrowed, there is a debt, but the receipt has not been issued, what should I do?

A receipt can be issued at any time. The law has no restrictions on the time of its preparation. It is clear that the consent of the other party will be required. But if she doesn't mind. issue a promissory note at any time. In such a receipt, additionally indicate the time actual transfer money, the amount of debt and the date of repayment of the debt. Such a receipt will help if further problems arise in court.

Is it possible to use this receipt to formalize the receipt of money from a friend, acquaintances, or relatives?

The presented sample receipt is suitable for any cases of transferring money into debt, but it is better to draw up a loan agreement.

I take money from the bank to give it to a friend, how do I issue a receipt?

If you take such a step, you should think about why the bank does not give money to this person. If the bank is not confident in its solvency, why do you have such confidence? It is best to draw up a loan agreement, in which you repeat the terms on the transfer and return of funds, payment of interest and penalties, which are specified in loan agreement. Specify the same payment terms and loan repayment terms to later protect yourself from overpayment.

How is a partial refund of a promissory note processed?

Refunds can be issued in separate receipts confirming receipt of money or indicated in the text of the receipt itself. In this case, the borrower must write: money in the amount of _____ rub. from _______ (full name of the borrower) received “___”_________.

What is the difference between a loan agreement and a promissory note, which is better to draw up?

The difference is that a receipt is more simple form confirmation of the transfer of money in debt. As lawyers, we always advise drawing up a contract, but in some cases without cash receipt not enough. For example, when you need to transfer money quickly, “on your knees,” there is no time to draw up an agreement or list in detail all its terms.