Usually, relatives, friends and close acquaintances whom we trust ask for a favor of money. But even if you have been familiar with the borrower for a long time, a receipt for receiving funds will not only not hurt, but can also protect you in case of unpleasant and unforeseen circumstances.
Why do I need a receipt?
In fact, any transfer of money results from some kind of transaction. Many people mistakenly believe that demanding a receipt for receiving money is necessary only if the contract is concluded orally. Even if the agreement is in writing, it is best to record the fact of receiving the money. When citizens agree on something, they have mutual rights in front of each other. For example, when it comes to selling an apartment, the seller must transfer the property, and the buyer, accordingly, accept and pay a certain amount of money.
True, the signatures that the parties put in the contract, testify only to its conclusion, but not to performance. Therefore , it is possible to confirm the fulfillment of obligations only with the help of a payment document: receipts, warrants, checks, etc. If, however, a person (that is, an individual) receives money for the purchase of a house, then a receipt is issued to receive money for the apartment.
It should be noted that with the help of such a document it is possible to confirm both the full fulfillment of the buyer's financial obligations and partial. Usually, when buying a property, the parties also agree to make an advance (prepayment) or deposit. Such an action is also desirable to fix using a receipt.
Difficult situations
As you understand, a receipt will be needed in order to have "iron" confirmation that the money was transferred. If you have such a document, you can protect yourself in disputes with the other party to the contract and before third parties. Many lawyers have noted that the rental market remains a “plowed field” for conflicts and disputes. In particular, a receipt in receipt of funds is more necessary for the employer. It is no secret that many landlords refuse to draw up such a document with the other side for one simple reason - they are afraid of problems with the tax office. After all, the presence of such a paper with their signature will directly indicate that a contract of employment has been concluded.
In connection with this state of affairs, employers are not protected from the risk of simply being thrown out into the street. Since the fact of payment is nowhere to be discussed, an unscrupulous landlord can take advantage of this situation and terminate the agreement due to allegedly non-payment of rental payments. In other words, even if tenants regularly paid rent, but no receipts were made, it will be difficult to prove the transfer of money.
What to consider?
After the parties have agreed to draw up such a document, it is very important to remember the main points that should be taken into account when drafting it. Since if the receipt of receipt of funds is incorrectly stated, this can lead to its cancellation, and, of course, there will be no benefit from such a paper.
- The first thing to consider: a receipt is written only by a citizen who has the authority to do so. For example, if you are renting an apartment owned by a mother, you do not need to transfer money and receive a receipt from her husband (son, daughter). An exception is only the case when he has a notarized power of attorney. If a prepayment is paid to a real estate agent, be sure to ensure that he has the proper rights to make a deposit for the apartment.
- Another important point: a receipt for receiving funds is written by hand and only with blue paste (not black). It is undesirable to issue this document in print form, because if, for example, one of the parties begins to dispute its involvement in the execution of the receipt, then a handwriting examination will be required . If only the signatures of the parties are on paper, an objective examination will be quite difficult.
- Blots, corrections, wipes and strikethroughs are unacceptable in the receipt. In principle, if a mistake has been made in a document, a correction can be made and a footnote “corrected to believe” can be issued. However, the best thing is not to risk it and rewrite the receipt again.
Sometimes, when making a receipt , third-party signatures are put that this paper was drawn up in their presence. In sales transactions, the buyer himself often signs on the back of the receipt. Thus, he confirms the fact that the document was drawn up in his presence.
Is the receipt certified?
Many believe that the receipt should be notarized, which is fundamentally wrong. This paper is a legitimate independent document. Not a single notary public can add significance to it. Note also that copies of receipts (even if it is a notarized copy) are not legally binding. Therefore, be sure to keep its original.
Receipt contents
The general structure of the document looks like this:
"I, (indicate passport data), received from (register from whom and his passport data) a sum of money in the amount of (a specific amount, written in numbers and words) rubles (mention exactly what). The sum of money received in full and material claims ( describe to which person) I don’t have. "
Content Explained
- The receipt must indicate the place of its compilation. Usually this is written from the left edge at the top. The date must be indicated exclusively in words.
- Passport information is written in full. This rule applies to both citizens: the one who receives the money and the one who transfers it.
- It is mandatory to indicate what exactly the money is transferred for (for example, for a car, apartment, cottage, etc.). It will be useful to indicate the details of the contract in the receipt (for example, employment contract No. 36 of 03/05/2014).
- At the end of the document, the full name is given without abbreviations and the respective signatures of the parties.
Unfortunately, not everyone understands how important the receipt is. Debt and other legally significant actions must be recorded on paper.