Agreement on voluntary donation of property sample. Donation - what can and cannot be donated to the organization

Want to donate money but don't know how? You need to draw up an agreement to donate funds, for example to a budgetary institution or another type of organization in your particular case. After all, even such a good intention as a targeted donation to various charitable foundations and organizations, in accordance with the Civil Code of the Russian Federation, must be formalized in a certain way, through an appropriate agreement. In this regard, our specialists located in the city of Cheboksary have prepared a corresponding document for you so that you can download for free without registration a simple written standard sample (example) of a form (form) of an agreement for a charitable donation of funds from an individual or legal entity to a legal entity ( budgetary institution (BU), non-profit organization (NPO), government institution, federal state unitary enterprise, municipal unitary enterprise, school, hospital, church or temple), corresponding to legislative acts of 2019.

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Attention!!! Read useful information below, to compose correctly agreement for donation of funds.
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Sample target donation agreement from an individual legal entity ---

Sample donation agreement from a legal entity legal entity ---

It is important to know! A must read

According to the article, a donation is the donation of a thing or right for generally beneficial purposes. A donation agreement is a type of gift agreement, regulated by the relevant article of the Civil Code of the Russian Federation and, at the same time, it is not subject to the action (cancellation of donation) and (succession in donation) of the Civil Code of the Russian Federation.

Attention! Nuance No. 1. If a property donation agreement is concluded with a citizen, then the provision of the donation must be conditional on the use of this property for a specific purpose. In the absence of such a condition, the donation of property to a citizen will be considered an ordinary donation. In all other cases, the donated property is used by the donee in accordance with the purpose of the property.

Attention! Nuance No. 1. If a donor doubts the integrity of the management of the institution to which it wants to transfer funds, then the following instructions must be followed. Since the donation, according to clause 3 of Art. 582 of the Civil Code is a targeted donation, then in order to exercise control, the concluded agreement should indicate the purposes and purposes of the funds transferred to the legal entity. Based on the same norm, the donor has the right to exercise control over the use of the transferred funds for the purpose specified in the agreement. Unfortunately or fortunately, the law does not contain any rules regulating such control, therefore, in order to implement it, a section should be included in the donation agreement that will contain the specific procedure, methods and timing of checks and control over the use of funds. And if misuse of funds is detected in violation of the established purpose, the donor has every right to initiate legal proceedings, within the framework of which, on the basis of clause 5 of Art. 582 of the Civil Code, she may demand the cancellation of the donation, with the subsequent return of the transferred funds.

According to paragraph 1 of Article 582 of the Civil Code of the Russian Federation, a donation is the gift of a thing or right for generally beneficial purposes. Donations can be made citizens, medical, educational organizations, social service organizations and other similar organizations, charitable and scientific organizations, foundations, museums and other cultural institutions, public and religious organizations, other non-profit organizations in accordance with the law, as well as the state and other subjects of civil law, indicated in (subjects of the Russian Federation: republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts, as well as urban, rural settlements and other municipalities).

As follows from the definition of the donation agreement, things and rights can be transferred as a donation, subject to the restrictions established by law, including: real and movable property, cash and documentary securities, other property, including non-cash funds, uncertificated securities, property rights; results of work and provision of services; protected results of intellectual activity and means of individualization equivalent to them (intellectual property).

In cases where the use of donated property in accordance with the purpose specified by the donor becomes impossible due to changed circumstances, it can be used by the recipient of the donation for another purpose, but only with the consent of the donor, and in the event of the death of the citizen-donor or the liquidation of a legal entity - the donor by court decision.

Accordingly, the use of donated property not in accordance with the purpose specified by the donor or a change in this purpose without the consent of the donor gives him the right, as well as his heirs or other legal successor, to demand cancellation of the donation.

Most often, donation agreements are concluded between commercial organizations (donors) and various types of budgetary organizations (schools, kindergartens, boarding schools, hospitals, etc.).

By decision of the management, representatives of Ivolga LLC made a donation of a large sum of money to Blago LLC, which was directly involved in charity work and work with children from disadvantaged families. An agreement was concluded between legal entities, which indicated a specific amount, currency, details of the parties and the intended purpose of the gift. Blago LLC could use the funds transferred to it only to work with children from low-income families.

The agreement was signed by representatives of the parties in the presence of the notary who completed it. After registration of the document, it came into force, creating the rights and obligations of the donor and recipient of the donation. Employees of Blago LLC were required to separately maintain documentation on the use of donated funds with the possibility of providing a report on expenses incurred.

Conclusion

The legislation of the Russian Federation allows the possibility of donations from one legal entity to another. The transaction must be drawn up in writing and notarized. Without state registration, the contract is considered invalid. If the transferred property contains property subject to registration, it must be registered within the time limits established by law.

Misuse of the donated object gives the donor or his representatives the right cancel donation. After this, the previously transferred property or rights will be returned to them. A legal entity that has accepted a donation can change the purposes for which they are used only with the consent of the owner of the accepted property.

Legal consultation

I represent an organization that wishes to donate a large sum of money to charity. If we transfer it to another legal entity. person, how can we control the use of transferred funds?

According to Art. 582 of the Civil Code of the Russian Federation, legal entities are required to record all actions that will be performed with donations received. Thus, you have the right to request a report on the expenses that were carried out using your money. It is advisable to additionally include the corresponding clause in the contract certified by a notary.

Our organization was accused of misuse of previously donated property. How can we challenge the charges?

funds to an educational institution for certain purposes Gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Donor", on the one hand, and in the person acting on the basis of, hereinafter referred to as " donee", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Donor undertakes, on a voluntary basis, to transfer free of charge to the Donee the ownership of funds for the purposes specified in this Agreement (hereinafter referred to as the Agreement) Donation in the amount of: rubles. An educational institution has the right to attract, in the manner established in clause 8 of Article 41 of the Law of the Russian Federation “On Education,” additional financial resources through voluntary donations and targeted contributions from individuals or legal entities, including foreign ones.

1.2. The donation is transferred into the ownership of the Donee for the following purposes:

1.2.1. Operation and development of the Educational Institution;

1.2.2. Implementation of the educational process;

1.2.3. Interior arrangement;

1.2.4. Carrying out repair work;

1.2.5. Purchasing household items;

1.2.7. Ensuring the safety of preschool educational institutions;

1.2.8. Development of subject-development environment;

1.2.6 other purposes.

1.3. Specified in clause 1.2. The purposes for which the Donations are used correspond to the purposes of charitable activities defined in Article 2 of Federal Law No. 135-FZ of August 11, 1995 “On Charitable Activities and Charitable Organizations.”

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Donor transfers the Donation to the Donee's current account within days from the date of signing this Agreement.

2.2. The recipient has the right to refuse it at any time before transferring the Donation. The Donee's refusal to make a Donation must be made in writing. In this case, this Agreement is considered terminated from the moment the Donor receives a written refusal.

2.3. The Donee is obliged to use the Donation exclusively for the purposes specified in clause 1.2. actual agreement. In accordance with clause 3 of Article 582 of the Civil Code of the Russian Federation, the recipient is obliged to keep separate records of all transactions involving the use of the Donation. He is obliged to provide the Donor with a written report on the use of the Donation, and also give the Donor the opportunity to get acquainted with the financial, accounting and other documentation confirming the intended use of the Donation.

2.4. If the use of the Donation in accordance with the purposes specified in clause 1.2 of this Agreement becomes impossible due to changed circumstances, then the Donation can be used by the Donee for other purposes only with the written consent of the Donor.

3. RESPONSIBILITY OF THE DONEE

3.1. The use of the Donation or its part is not in accordance with those specified in clause 1.2. purposes of this agreement leads to the cancellation of the donation agreement. In case of cancellation of the donation agreement, the Donee is obliged to return the Donation to the Donor.

4. OTHER CONDITIONS

4.1. This agreement comes into force from the moment it is signed by the parties.

4.2. All disputes arising from this Agreement will, if possible, be resolved by the parties through negotiations and resolved in the manner prescribed by the civil procedural legislation of the Russian Federation.

An agreement on the donation of property to a budgetary institution, a sample of which is easy to find on the Internet, is one of the options for donation, but has a number of features.

For example, a donation can only be made for the benefit of the whole society, and not a specific person, although it can also be transferred to a person.

What is a donation and what law governs the process?

A donation is the donation of money or property to an organization or individual for the purpose of performing generally beneficial causes. The action has a long history: in many religions, monks and ministers accepted food and money from parishioners, since they could not work themselves.

Traveling musicians also performed in public for free, and then walked around the audience with a hat. Donations often occur during wars, when all residents collect things and food for the needs of the army.

It is important to know: today donations are found on the Internet: this includes crowdfunding (a voluntary contribution to an organization or project) and donation (financing video game developers).

The donation is regulated by Article 582 of the Civil Code of the Russian Federation. It says:

1. About who can be the recipient.
2. There is no need to obtain permission.
3. The need to use the transferred property for its intended purpose, otherwise it will be a simple gift. If it is impossible to use it for its intended purpose, with the consent of the donor, the property can be transferred to another person.

For example, if a child is donated a wheelchair that he has outgrown, it can be given to another person in need. If the gift was an exercise bike that cannot be used for its intended purpose, it will be considered a gift and, accordingly, subject to other laws.

1. If the donor has specified how his gift is to be used, but it is being used differently or in violation of the rules, the donor or his successor in title may request that the transfer be rescinded.

For example, if a donor gave a guitar exclusively for a specific child, and later found out that it was played by the parents and not the child himself, he has the right to demand that the transaction be cancelled.

Who can and cannot be sacrificed for?

You can donate to:

1. Individual individuals.
2. Legal entities, in particular non-profit organizations.
3. Religious organizations: churches, synagogues, associations, communities.
4. Charitable companies of any type: these can be organizations for the protection of nature, animals, children, culture, etc.

Please note: a charity is a non-governmental and non-profit organization whose tasks include collecting funds, conducting volunteer activities, and social support.

1. Educational institutions: schools, universities, clubs, sections.
2. Cultural organizations: theaters, museums, etc.
3. Towns, villages, cities, even countries: we are talking about organizing fundraising for the residents of these entities affected by a natural disaster or war.

The law does not contain any indication that you cannot donate to anyone. The only limitation will be the age of the recipient: minors and incompetent people cannot accept the gift. Parents and guardians can do this instead.

Donation items

The victim itself can be:

1. Money, securities, shares. They can be transferred to the organization’s accounting department or transferred to a personal account.
2. Movable property: food, clothing, cosmetics, electrical equipment, furniture, dishes, books, etc. The only restriction is that you can only give items that are permitted in Russia. If things of a certain type are transferred (for example, weapons), it will need to be registered.
3. Real estate: houses, apartments, rooms. In this case, the property will have some encumbrances (the recipient will not be able to sell it or transfer it to anyone), which is specified in the contract.
4. Property rights: for example, an obligation to repay a loan for the recipient.

The obligation to pay alimony or compensate for harm caused to life and health cannot be transferred under Article 383 of the Civil Code of the Russian Federation.

Drawing up a donation agreement - sample

In some cases, you can donate without drawing up paperwork: for example, in a church or to a musician performing on the street. In other situations, it is worth drawing up an agreement, especially if we are talking about large and expensive gifts.

The document must indicate the following points:

1. The “cap” or preamble: from whom and to whom the gift was received, indicate the city, date and title (“Donation Agreement”).

Good to know: if one of the parties is represented by a proxy, this is also indicated.

Sample contract (click to enlarge)

1. The item being transferred: what it is, its distinctive features. For example, if we are talking about money, then the amount and currency are prescribed, if about real estate, then the technical characteristics and address also indicate whether the real estate has an encumbrance. When transferring land, it is worth noting whether third parties have rights to it.
2. Rights and obligations of the parties, terms of the transaction: within what time period the property must be transferred, whether the recipient must check the gift (for example, documents for an apartment), whether the involvement of a third-party expert will be required. The latter is usually required when transferring valuables or religious symbols.
3. Additional conditions: the ability to transfer property to another person, from what moment the contract comes into force, in how many copies it is drawn up, in what cases it can be terminated, force majeure.
4. Control: The donor has the right to receive a report on the use of his gift. This ensures that the deal is being honored. To do this, the recipient must keep a record of accepted donations and provide them upon request or regularly, if this is stated in the document;
5. Methods for resolving controversial situations: how they will be resolved, what are the consequences of violations, etc.
6. Signatures of the parties, their full names and addresses.

Below is a short example of a document from a general education institution to receive property or funds from a donor.

Features of the donation agreement

Features of the document include:

1. The need to use property in strict accordance with the specified purpose. If you donate money, then it is worth specifying for what purposes it is being transferred: purchasing medicines, tools, etc. If the gift is not used for its intended purpose, the contract may be terminated.

Please note: in the absence of specific instructions, the recipient can use the property at his own discretion: for example, when transferring things to an orphanage, it is enough to indicate that this is a donation.

1. It must be clearly stated that the property is being donated and not given as a gift. Otherwise, the tax authorities will consider it a gift.
2. If a person no longer needs an item, the recipient can contact the donor and find out if the gift can be given to someone in need. For example, if a child has outgrown a stroller or roller skates, they can be passed on to other children.
3. The recipient is obliged to keep records of the use of property and provide an extract at the request of the donor.

There is no need to pay gift tax on the donation.

Grounds for canceling a donation agreement

According to paragraph 5 of Law 582 of the Civil Code, cancellation is possible only in one case: if the transferred property is used in a manner inconsistent with its purpose or changes in the purpose of use without the consent of the donor.

If the recipient was an individual, the goals must be indicated in the document; if the recipient is a legal entity, they may not be indicated. Also, some conditions may be additionally specified in the concluded document.

Example 1: a car was donated for the needs of a large family with a disabled child so that they could get to the hospital. After some time, it turned out that he was being used for profit: his father was a taxi driver. In this case, the donor has the right to demand the return of the gift.

Example 2: a synthesizer was given to a kindergarten to set up a music class, but after a while they decided to close the class. The kindergarten management can discuss the problem with the donors and invite them to donate the instrument to a neighboring garden.

The recipient may not accept the gift, for example, if the donor decided to cheat and transfer expired food or medicine, or damaged property. He may also not sign the contract if the terms are unacceptable.

How control and reporting takes place

For any benefactor, it is important that his gift is used correctly and for its intended purpose, while it is important for the recipient to show that he can be trusted. To do this you need:

1. The recipient must keep a written report. For example, note that the kindergarten hired a music teacher and organized a club that children attend on specific days. If the gift was money, they describe how the amount was spent, confirming it with checks. This report can be sent regularly to the donor or made available upon request.
2. The donor has the right to personally verify the use of his gift. This should be specified in the contract: frequency of inspection or specific dates, whether it is required to warn about it in advance, etc. If this is not specified, the recipient may refuse.
3. A period during which the recipient must use the gift may be specified. This is necessary to eliminate fraud so that an unscrupulous recipient cannot use the property and give away an already broken item.

The law does not specify the exact form of the report: it can be defined in the contract or drawn up in free form.

Is it possible to terminate the donation agreement?

It is possible to terminate the deal, but it is quite difficult. The whole point is that the donor does not gain any benefit from the transaction, that is, regardless of how the property is used, the donor cannot be harmed.

You can terminate the document in the following cases:

1. The gift is not used for its intended purpose.
2. The paper was concluded incorrectly and with violations.
3. A significant violation of the terms of the contract has occurred: the property is used for personal purposes, or the recipient transferred inappropriate things, that is, the other party suffered damage by not receiving what they expected.
4. In some situations, the reason may be a change in the situation after the conclusion of the contract, which was impossible to foresee or change. For example, if a company entered into a deal for several donations over a period of time, but after some time went bankrupt, it will not be able to fulfill its obligations.

Advice: if the transaction is canceled and the items are returned, the donor has no right to demand reimbursement for their use.

Termination can also occur at the initiative of the recipient: if the donation does not correspond to the description in the contract, it may not be accepted. If the other party insists that everything is fine (few people indicate in the document that the transferred medications must have a one-year expiration date), the recipient can sue.

Controversial situations - who resolves conflicts

If questions arise, they can be resolved in several ways:

1. Personally: the parties can agree among themselves if there is a misunderstanding. For example, the donor purchased a broken stroller and did not check it, bought the wrong medicine, etc.
2. With the help of a notary: if the parties do not want to enter into a serious conflict or would like to cancel the contract, they can do this through a notary.
3. Through the court: this way you can solve almost any problem. You will need to collect enough evidence and make a statement.

The document may indicate solutions to the problem that must be followed. For example, if it is indicated that it is first necessary to file a claim with the other party, you cannot immediately write a statement to the court.

Terms of the contract

The law does not provide any instructions on the validity period of the gift agreement, which means that it can be assumed that it is indefinite, that is, the donor can at any time demand a report on how his property is used. However, there are some nuances:

1. The document must specify the terms of use of the gift. For example, if computers were given to the school, they must be installed before the start of the school year or the end of the holidays. If it is impossible to meet the deadlines (for example, the computer lab urgently needed major repairs), it is necessary to agree on a transfer.
2. Of course, no one will demand that things that have a certain warranty period (food, medicine, equipment) be used for decades. In this case, it is enough for the recipient party to show a report with data on the use of things.

If the donor suspects misuse of property (for example, he donated a computer to the garden a month ago, and now it is needed again), he can either request a report or file a lawsuit.

Rights and obligations of the parties to the contract

All rights and obligations of the parties must be spelled out in advance. Typically they sound like this:

1. The donor is obliged to transfer the specified things or amount within a certain period of time; the order of transfer is immediately indicated: the full amount, in parts, etc.
2. The recipient is obliged to keep a report on their use and submit it at the request of the second party, who has the right to do so.
3. The recipient is obliged to use the gift only for the purposes specified in the contract or, if they are not specified, for the most appropriate purpose. For example, if a fundraiser was announced for the construction of a library at a school, it cannot be used to renovate the gym.

Keep in mind: in this situation, it is necessary to clarify with those who donated the funds whether the remainder can be used for other generally useful needs.

Some additional rights and responsibilities may be discussed in a specific situation. For example, if the manufacturer transferred the equipment, a clause may be included in the document regarding the need to consult users or install it. If real estate is transferred, it is necessary to register who is obliged to pay taxes for it and make repairs.

When you hear the word “donation,” some people think of churches, others think of orphanages or charity events. The procedure itself is a transfer of money, things or other property free of charge and for public needs. Otherwise, it will be either a sale (exchange) or a donation.

How to draw up a gift and donation agreement, see the following video: