When spending budget funds, the state always seeks to protect those in whose interests this is done. Regarding maternal capital, the law stipulates certain aspects of the order, designed to protect the interests of children, who, in fact, are the owners of funds relying on a certificate. One of the ways to ensure the targeted use of family capital is to draw up a maternity capital liability model. The Pension Fund will not approve the disposal of funds if there are doubts about ensuring the rights and interests of children.
It is necessary to understand in what cases the preparation of such a document is required. Where can I find a sample of maternity capital liability? About it below.
Letter of the law
The definition of the circle of people who have the opportunity to use additional measures to support the family, the grounds for the emergence of such a right, the procedure for obtaining a certificate, directions for its use, as well as other conceptual frameworks related to family capital, are enshrined in law in Federal Law No. 256-FZ.
This law clearly defines the direction of spending family money. Funds on the application for disposal may be directed to the following purposes.
What to spend
Here is what is regulated by the state:
- Monthly payout. This payment is a relatively new direction for spending the certificate and is available to poor families who have given birth to a second baby after January 1, 2018.
- Payment for the education of any of the children. If an agreement has been concluded with an institution licensed to carry out educational activities, payment can be made at the expense of the maternity certificate.
- Retirement benefit certificate holder.
- Purchase of goods for children with disabilities, contributing to the adaptation of such toddlers in society.
- Purchase or construction of housing, including through loans (loans). This direction has been invariably the most popular and sought-after type of money management among Russian families since this opportunity appeared (since 2007). It is in this case that it is required to draw up a notarized liability for maternity capital. A sample of it will be presented in the article.
Where is that written
For each direction of spending the family certificate, the government approved special Rules, which consider in more detail than the law the procedure for submitting documents and requirements for them. How is the maternity capital liability sample drawn up? It is necessary to study in detail the Rules for channeling funds (their parts) to improve housing conditions. This document was approved by Government Decision No. 862 on December 12, 2007.
These Rules set out in detail the conditions necessary to comply with each direction of spending, and clearly establish an exhaustive list of types of spending for which public funds can be directed. It is according to this document that you can draw up a notarial obligation on maternity capital (a sample is presented below), where you can find the wording used depending on the method of acquisition of real estate.
Disposal Methods
In accordance with the Rules, housing improvement can be achieved in one of the following ways:
- Construction or acquisition of real estate by participating in any transactions and obligations that are in accordance with applicable law. In this case, the funds of the maternity certificate are never issued to the owner of the valuable form, but are transferred directly to the seller of the housing, the lender who issued the loan for the acquisition, or the developer in case of acquisition of the housing under construction.
- Reconstruction or construction of their own housing, carried out independently, without involving any third-party organizations. You can also get compensation for the expenses already incurred for the reconstruction of the house or its construction. In this case, the funds available on the certificate will be transferred to the bank account of the owner of the family paper.
In each of these situations, the FIU will need to model a notarial obligation on maternity capital. But only if the purchased housing is not registered immediately upon purchase of the entire family in shared ownership.
What transactions do not contradict the law
We will deal with the first paragraph of the permitted use of maternity capital, in which it will be necessary to draw up a liability for maternity capital.
Transactions that do not contradict the law are transactions executed through the conclusion of civil law contracts, the subject of which is the change of ownership of real estate. This may be a contract of sale (including installment payment), an agreement on shared participation in the construction of an apartment building, an agreement on participation in a housing or housing construction cooperative.
Obligations stipulated by law are the conclusion of a loan or loan agreement, the intended use of which is the acquisition or construction of residential premises.
At the same time, by means of MSCs, it is possible to repay debts under a loan agreement concluded even before obtaining the right to a certificate (with the exception of penalties, arrears, penalties).
Creditor requirements
A loan (or loan) can be issued by the following organizations:
- credit institution - a bank,
- credit consumer cooperative registered over three years ago,
- another organization (LLC, agricultural cooperative, credit union) that provided a loan with a mandatory pledge of real estate being acquired or under construction.
What to carry to a lawyer
A sample of maternity capital liability can be viewed at a notary public. The document is prepared only by him and executed on a special valuable form with a unique number. At the same time, it should be understood that the notary is obliged only to verify the authenticity of the signature on the document. This means confirmation of the signatory’s legal competence and goodwill, as well as the fact that the signature was indeed put in the presence of a lawyer by the person indicated in the obligation. For the correct preparation of the obligation on maternity capital, the notary public uses the sample only as an example of the information that must be specified.
For the correct execution of the obligation when contacting a notary, it is best to have with you all the documents related to the acquired housing. This can be a loan agreement, a purchase and sale transaction, extracts from the Unified State Register of Taxes containing information about the homeowner and the restrictions, a building permit, an equity agreement. It is also necessary to take passports of parents, birth certificates of children, marriage certificate, the certificate itself and money. Making a commitment with a notary will cost the family budget about 2-2.5 thousand rubles, depending on the region where you live.
What should be written in the commitment
Any obligation contains the following information:
- The personal data of the certificate holder (F. I. O., passport details, date of birth, registration address). If the owner is the spouse of the certificate holder, then his data is indicated.
- Information on the certificate of maternity capital (series, number, by which FIU issued and when).
- The address of the property being purchased or under construction.
- Link to the paragraph of the Rules for the direction of funds, in accordance with which the maternal certificate is spent.
- The condition for the fulfillment of the obligation is to issue the dwelling in common ownership on time and in specific circumstances (the wording of the conditions for fulfillment will be considered further for each direction of capital).
- Assurance of legal capacity.
- Signature of the person giving the obligation.
- Date and place of compilation of the document
- Signature and seal of a notary public, registry number of a document.
Consider in detail the wording of the conditions for the performance of obligations under various methods of acquiring real estate.
Purchase agreement
When buying a house for maternity capital, clause 8 of the Direction Rules provides for the following terms for registering housing in shared ownership 6 months after:
- transfers of capital to the seller;
- making a final payment (when purchasing by installments).
If you conclude a sales contract for all family members at once, including parents and all children, then you will not need to draw up a maternity capital liability according to a certain model. The Pension Fund will not require a document, as the interests of children have already been ensured.
Share building
In the case when the money under the certificate is used to pay for the cost of the shared construction contract, the 9th paragraph of the Rules is applied and the wording in the sample obligation on maternity capital is changed. The DDU (equity agreement) provides for, upon completion of construction, the transfer of the property to the owner (development participant) with the signing of the deed of transfer. The notarial document will indicate that the shares should be drawn up after 6 months after receipt of the deed or any other document indicating completion of construction and transfer of housing to the owner.
Individual construction
When paying with a certificate for the construction of a residential building, as well as reconstruction on its own or with the help of a contractor, the future owner who has received a building permit applies to the FIU with an obligation on maternity capital (a sample is presented in the article), in accordance with paragraph 10 of the Rules.
In this case, it will be necessary to fulfill the obligation six months after the commissioning of the completed house or after acquiring the cadastral passport of the reconstructed object, where an increase in the total area of the building will be recorded.
You can use maternity capital to compensate for the costs already incurred for reconstructed or constructed housing. The obligation to allocate a share (a sample is given in the article) to each family member in this case provides for paperwork six months after the receipt of funds from the capital to the bank account of the certificate holder.
Loan repayment
In the case when a loan or a loan for the purchase (construction) of housing is repaid by the means of the certificate, the Rules provide for various options for the wording of the fundamental phrase of the obligation:
- If the agreement with the lender provides for the imposition of an encumbrance on the acquired housing (mortgage by virtue of the law), then the obligations on maternity capital on the mortgage (the sample is presented in the article) will need to be filled after the removal of such an encumbrance. This will happen after the full repayment of the mortgage.
- When a loan is granted for the construction of a real estate object, the allocation of shares to children is made after completion of construction, putting the house into operation and removing the burden, if it was applied.
- If a loan is provided for the purchase of a completed house and does not impose an encumbrance on housing, the obligation shall be fulfilled six months after the transfer of capital to pay off the debt.
Summing up, it can be noted that you can familiarize yourself with the model of the obligation on maternity capital at a notary public, as well as on the Internet and on the official website of the FIU. An obligation can only be drawn up by a notary public. But if you make a purchase of housing immediately for all family members, then the provision of this document is not required. This will save not only money, but also time.