The change of user of the property must be recorded on paper. Sufficient documentary evidence will be the act of acceptance and transfer of material assets, a sample of which we will provide below. We will also consider the cases for which it is relevant, the specifics of its application, the features of its preparation, mandatory details - all the important points so that you know how to fill it out correctly.
general information
Any company has some assets, and it is important not only to reliably protect them, but also to operate them effectively. To do this, they should be clearly controlled, transferred for temporary possession to other legal entities (without changing ownership), if this is economically beneficial, and this fact should be reflected in the accompanying documentation of the enterprise.
Please note that the legislation does not require the use of any one standard form. Any organization has the right to develop its own, convenient for employees and, in principle, simple sample of an acceptance certificate for goods and materials (inventory assets) - the main thing is that the form contains all the required details, a full list of which we will provide below. If you don’t have time for this, you can do it even more logically and fill out the MX-1 form, because it has several advantages:
- traditional for document management practice and therefore familiar to representatives of various authorities;
- unified and therefore understandable;
- convenient for adjustments - it’s not a problem to add the necessary data to it or delete unnecessary ones.
In practice, this is what most companies prefer, so it can be considered a standard. Just remember that it must be certified in any case so that it complies with the accounting policies of the enterprise.
Why is an act of transfer of material assets required?
It is proof of the fact of a change in the user of the property. Its error-free execution implies that the responsibility for the safety of the asset will be borne by the recipient, who will have to pay compensation in the event of loss or damage. With his name on hand, you can safely go to court with a statement of claim to recover the appropriate amount from the guilty party.
The one who gives something for a while is considered a depositor, the one who receives is considered a custodian. Information about these legal entities is necessarily written down in the business paper, along with the period and terms of the agreement. Immediately after the expiration of the agreed period, another document is created - indicating the return of the property.
When performing external operations, it is drawn up as an annex to the concluded business agreement. It also helps to record the fact of the direction of an asset from one structural division of the company to another, as a result of which the control of transferred objects is simplified (especially when branches are geographically remote from the head office and administrations). This approach allows you not to travel for business papers and not to carry them with you, but to use those that are locally available.
How to correctly describe the condition of the apartment and the property being transferred?
A description of the property may be included in the text of the act or drawn up as an appendix to it.
A complete description of the condition of the apartment is necessary to protect the interests of the parties to the contract, to eliminate unnecessary expenses and, as a rule, should contain :
- description of the shortcomings of the premises, including sanitary and technical equipment, kitchen equipment, electrical and heating networks, water supply and sewerage;
- description of the transferred furniture and interior items, household appliances, if provided for in the contract;
- readings from meters available in the apartment that record the consumption of electricity, water, and gas.
In accordance with the law, housing must be handed over in a condition suitable for habitation. Therefore, when accepting an apartment, it is important to check :
- operability of all electrical appliances;
- safety of doors, windows;
- serviceability of electrical wiring, sockets, switches;
- technical and external condition of other property.
A comprehensive description of the condition of the premises allows you to make a decision:
- on signing the transfer deed;
- refusal to sign and submit demands for elimination of deficiencies, or monetary compensation on the part of the seller.
Ready-made solutions for all areas
Stores
Mobility, accuracy and speed of counting goods on the sales floor and in the warehouse will allow you not to lose days of sales during inventory and when receiving goods.
To learn more
Warehouses
Speed up your warehouse employees' work with mobile automation. Eliminate errors in receiving, shipping, inventory and movement of goods forever.
To learn more
Marking
Mandatory labeling of goods is an opportunity for each organization to 100% exclude the acceptance of counterfeit goods into its warehouse and track the supply chain from the manufacturer.
To learn more
E-commerce
Speed, accuracy of acceptance and shipment of goods in the warehouse is the cornerstone in the E-commerce business. Start using modern, more efficient mobile tools.
To learn more
Institutions
Increase the accuracy of accounting for the organization’s property, the level of control over the safety and movement of each item. Mobile accounting will reduce the likelihood of theft and natural losses.
To learn more
Production
Increase the efficiency of your manufacturing enterprise by introducing mobile automation for inventory accounting.
To learn more
EGAIS
Eliminate errors in comparing and reading excise duty stamps for alcoholic beverages using mobile accounting tools.
To learn more
RFID
The first ready-made solution in Russia for tracking goods using RFID tags at each stage of the supply chain.
To learn more
Certification for partners
Obtaining certified Cleverence partner status will allow your company to reach a new level of problem solving at your clients’ enterprises.
To learn more
Inventory
Use modern mobile tools to carry out product inventory. Increase the speed and accuracy of your business process.
To learn more
Mobile automation
Use modern mobile tools to account for goods and fixed assets in your enterprise. Completely abandon accounting “on paper”.
Learn more Show all automation solutions
Application of the act of acceptance and transfer of inventory items
Here are the most common cases of relevance of its design:
- During the inspection, a discrepancy in the quality/quantity of available goods was recorded;
- products are sent for storage;
- products arrive without accompanying documents;
- property is transported from one structural unit to another or redistributed between authorized persons;
- assets are alienated for someone else's benefit by decision of the commission;
- a contract is concluded for short-term use, for a period of several days or even hours.
In all of the above situations, it is permissible to fill out the business paper in question arbitrarily (by entering the necessary details).
Signing procedure
This procedure is most clearly regulated by law in the case of purchasing an apartment from a developer. The timing of signing the act is determined by the agreement.
The developer is obliged to notify the buyer of his readiness to transfer the apartment by registered mail, and the buyer must proceed with acceptance within the prescribed period.
If the period is not specified, then the buyer must accept the housing within 7 working days from the date of receipt of the message.
If the buyer unreasonably refuses to accept the completed housing, the developer has the right to draw up a unilateral document on the transfer of property.
The signing of the transfer act with the seller can be carried out either simultaneously with the contract or later, depending on the terms of settlement with the seller.
When drawing up a notarial agreement, the act is signed in the presence of a notary , and in simple written form - during the filing of an application for registration of the transfer of rights .
Simultaneously with signing this document, the buyer is given the keys to the apartment, technical documents, and receipts for payment of utilities.
What is he like?
The simplest act of acceptance and transfer of goods and materials (inventory), the form of which we will separately provide below, is precisely the primary accounting documentation. Therefore, it must contain a detailed description and key distinctive characteristics of those things that become the objects of the transaction:
- purchase and sale;
- deliveries, one-time or regular;
- registration of a lease agreement (relevant not only for real estate);
- responsible storage.
The property described by this paper includes goods, raw materials for the manufacture of products, auxiliary materials such as additives or dyes, spare parts, semi-finished products, containers, and fuel. The main thing is that the work of the enterprise is simplified.
When is it compiled?
Whatever sample form for the act of acceptance and transfer of material assets you choose, remember that it should be drawn up, checked, and signed directly on the day the user of the property changes. This is usually done by the recipient or his authorized representatives: they indicate a specific date for the actual completion of the transaction.
In practice, control over the correct filling and approval is most often carried out by the head of the enterprise. He also determines which of his subordinates will be responsible for storing and ensuring the safety of the asset, as well as what compensation will have to be compensated in the event of damage, theft, or loss of the agreed items.
How to draw up an act of acceptance and transfer of material assets
Keeping in mind two things: firstly, that there is no single form of registration, which means there is a certain freedom in decision-making, and secondly, that there are still mandatory details, without which the document will not be have legal force.
Taking into account both of these points, we propose to act according to the following algorithm:
- Take MX-1 as a basis - understandable, standard and already containing fields for indicating the necessary information.
- You add data that is relevant specifically to your transaction, for example, evidence of product quality, an addition to the contract, the exact number of pieces in the shipment, existing complaints, etc.
- Remove unnecessary (outdated) information.
With this approach, you get the most concise and easy-to-check primary documentation.
Is it necessary and why?
As for whether this document is mandatory, first of all it must be said: the legislation regulating issues of purchase and sale does not provide for the mandatory drawing up of a transfer deed in all cases.
Art. Art. 456-458 of the Civil Code of the Russian Federation, which establish general norms for transfer during purchase and sale, only say that the seller is obliged to transfer the goods to the buyer .
Specifically for real estate, the transfer deed is already provided for in Art. 556 of the same code, but this article only indicates the signing by the parties of a document recording the moment of fulfillment of the obligation. As a result, another document may be used instead of the act.
Nevertheless, in legal relations that arise when purchasing an apartment, it is the act of acceptance and transfer that is most convenient . This document serves as a tool through which the parties:
- state that the obligation to transfer the housing by the seller has been fulfilled;
- indicate the condition in which the apartment was transferred (this is important in case disputes arise in the future about the quality of the housing and whether it had obvious defects and shortcomings, and is especially important if the property is purchased on the secondary market).
The latter is especially important. Part 2 art. 556 of the Civil Code of the Russian Federation indicates that even if the buyer agreed to accept real estate that has defects, this does not relieve the seller from liability. And in this case, during further proceedings, it is the act indicating the defects that will be one of the pieces of evidence in court.
The transfer is not limited to signing the deed. The law requires that housing be physically transferred - at least by handing over the keys to it. If the deed is signed, but the seller actually prevents the use of the apartment, this is a reason to go to court.
Let's watch a video about what an apartment transfer and acceptance certificate is and why it is needed:
Apartment acceptance certificate
What is contained in the act
First of all, the mandatory details that have already been repeatedly mentioned, and secondly, important details that are relevant for a particular case, for example, about existing defects or the rental period. It is simply necessary to provide a place (point) for indicating claims - so that later there will be somewhere to enter your demands for compensation for damage suffered. If the subject of the transaction is not one object, but a whole group of them, different in type, value, character, this fact also needs to be reflected.
It should be filled out in at least 2 copies - for each party, so that there is an opportunity to subsequently go to court and resolve the controversial issue in their favor.
What form of the act of acceptance and transfer of material assets should be used?
It is not mandatory, but there are standard ones, that is, the most common and universal ones - we will consider them below.
MX-1: features of its filling
It looks like this:
Pay attention to the number and location of fields - they are designed so that you can clearly present all the important data. And the law does not prohibit removing some of them or adapting them to your needs. Why? Because the document itself is proof of a change in the user of the asset - it confirms an already accomplished fact, and does not give permission to carry out a transaction, so it is not subject to particularly strict requirements.
This form is convenient to use as a basis when concluding agreements, leases or temporary possession agreements. When you own the asset, be sure to leave space to record your complaint so that if you receive an item back that is defective, you can state your dissatisfaction and take the matter to court to resolve the dispute. And so that the chances of winning the case are subsequently as high as possible, it is worth immediately indicating as much information as possible about the parties to the transaction and its object (quality characteristics, consumer properties, etc.).
Attention, the document will not be considered valid if it is signed by persons who do not bear any obligations in the event of theft, damage, or partial damage to property.
Sample act of acceptance and transfer of goods and materials between financially responsible persons
Again, the legislation does not provide for one form as mandatory. But a certain practice still exists: for example, catering enterprises and related fields most often use the OP-18 form, and other companies can also adopt it. It is convenient enough to become the basis on which you can easily develop your own primary document, including details in it in accordance with paragraph 2, paragraph 9, article of Federal Law No. 402. The main thing is that it has legal force, and for this it should be approved in the accounting policy by order of the manager and make sure that he gives a whole range of information.
The act of transfer of material assets between MOL organizations must contain:
- name, place and date of filling;
- Full name, passport details of persons receiving and donating assets;
- an employment contract, order, other papers explaining the need to change the user of the property;
- a list of objects, which is most conveniently presented in a table - with serial and inventory numbers, name of the item, units of measurement, number of pieces in the batch, cost;
- confirmation of a competent inspection and absence of claims on both sides;
- a note about how many copies have been created; usually there are two of them, but you can make three - for accounting or inspection authorities.
At the end - the signatures of the manager (or his authorized subordinates) and the MOL. In general, the document looks like this:
Form for the act of acceptance and transfer of material assets to the employee (sample)
It is relevant when the asset remains on the balance sheet of the enterprise, but the one who bears the obligation to store it quits or goes on vacation. In such a situation, it is necessary to appoint a new MOL - according to the following scheme:
- An inventory is carried out to find out if there is a shortage, and its results are included in special reports. You can simplify this process using software from Cleverence, for example, Sklad15.
- The first person signs that he is parting with the agreed upon items, the second - that he receives them.
All this can be done not only directly, but also through a third party, which is the company itself. In this option, more bureaucratic work and confirmation will be required: first, that the objects have returned to the balance sheet of the enterprise and there are no claims against the subordinate who held them, then, that their next custodian has been found and appointed.
Developed on the basis of OP-18, the document looks like this:
Legal nuances of drawing up acts of acceptance and transfer of apartments under a purchase and sale agreement
How to correctly draw up acts of acceptance and transfer of apartments under a purchase and sale agreement
One of the most important stages of transactions related to the purchase and sale of apartments can be considered the signing of acceptance and transfer acts. This procedure ends the transaction; in its absence, the buyer will not be able to obtain the status of a full owner of the property, since formally the living space remains with the previous owner, and he bears full responsibility for it. The seller, without drawing up such an act, cannot claim the amount stipulated by the purchase and sale agreement.
LEGAL NUANCES OF DRAFTING ACTS OF TRANSFER AND ACCEPTANCE
APARTMENTS UNDER SALE AGREEMENT
Transfer deed for the purchase and sale of apartments
The above act is the most important document when registering transactions for the purchase and sale of apartments. By its legal nature, it acts as a mandatory addition to such agreements. With its help, the procedure for transferring ownership rights (in the form of real estate) from buyers to sellers is completed.
Transfer deeds should be drawn up as competently as possible, including information about sellers and buyers, objects of transactions and other information. Together with the acts of acceptance and transfer of apartments, several documents are transferred that secure the ownership rights of the new property owners.
In order to avoid problems when registering rights to apartments, and in addition, with the transfer of risks, you should insist on signing these acts, and in case of disagreements between the parties, try to resolve them. In any case, signing deeds of transfer is in the interests of both sellers and buyers when making transactions.
When making most transactions, including with real estate, where certain property is transferred from sellers to buyers, acceptance and transfer acts must be drawn up. This is especially true for large transactions with significant real estate values. Article 556 of Federal Law No. 14-FZ of January 26, 1994 “Civil Code of the Russian Federation (Part Two).” (as amended on March 18, 2019) provides for only one method of transfer by sellers and acceptance by buyers of real estate - signing by these parties of transfer deeds or other transfer documents.
An apartment can be considered transferred (unless otherwise established by law or agreement) only if the following conditions are met:
- delivery of real estate (for example, delivery of keys to an apartment);
- signing the acceptance certificate.
The law directly provides for the preparation of acts of acceptance and transfer of real estate, while registration of property rights with the relevant authorities in a number of cases is possible without the provision of such documents by sellers and buyers.
When making transactions, lawyers recommend drawing up acts of acceptance and transfer of apartments, as they will provide additional evidence of the transfer of real estate into the ownership of buyers and will help to avoid a number of risks.
Transfer of apartments using transfer and acceptance certificates
The most competent completion of all transactions for the purchase and sale of apartments can be considered the signing of acts of acceptance and transfer of this real estate. If they agree with the terms of such a transfer (especially the price), the parties in the contracts are obliged to determine the moment of transfer of apartments from sellers to buyers. This moment is the signing of acceptance and transfer acts.
The legal consequences of the transfer of this type of real estate can mainly be considered risks that pass from sellers to buyers. Consequently, after signing such documents, the risks of accidental death (from fires, floods, etc.), as well as utility bills, are assigned to the new owner of the property.
It is not recommended to sign such acts before the apartment is completely freed from the property of the previous homeowners.
As a rule, transfer deeds record the condition of the apartments in which they are accepted from sellers by buyers, and the latter take possession of them. It must be in accordance with the condition recorded in the sales contracts.
How to correctly draw up deeds of transfer
Transfer deeds should be drawn up in the most competent and meaningful way in order to prevent controversial situations between the parties to transactions in cases where they may arise. Their preparation should be taken as seriously as possible, not considering such documents to be an ordinary formality.
The law does not prescribe any requirements for the content of acts, except for the obligation to compile such documents in writing.
The transfer deeds must display the following information:
- last names, first names, patronymics and passport details of sellers and buyers;
-physical addresses of transmission facilities, as well as their areas and other characteristics;
-the fact of transfer of apartments from sellers to buyers;
- other items that are transferred along with the apartments (plumbing fixtures, cabinet furniture, interior items);
-the fact that there are no mutual claims (it is best to come to an agreement on all controversial issues before signing the acts);
- the fact of the transfer of the risk of accidental loss of real estate from sellers to buyers;
- a list of documentation transmitted together with the acts, indicating the number of sheets;
-number of copies of acts (as a rule, they are drawn up in 3 copies: for buyers, for sellers and for registration authorities).
After the deeds of transfer have been drawn up, the dates of their signing should be indicated, as well as secured with the signatures of both parties to the transactions.
The law also does not provide for the certification of transfer deeds by notaries and their registration with government agencies.
What documentation should be provided to buyers when buying and selling apartments?
After concluding transactions for the purchase and sale of apartments, buyers must prepare a package of documentation confirming the purchase of such real estate. Buyers must have the following documentation:
- real estate purchase and sale agreement;
-extract from the Unified State Register of Rights to Real Estate and Transactions with It (previously - a certificate of registration of property rights);
- a receipt issued by the seller stating that he received funds for the apartment (drawn up at the time of payment for transactions);
- certificates confirming payment of utility bills;
-technical documents for the apartment in the form of a technical passport and plan;
- act of acceptance and transfer of the apartment.
All of the above documentation should be reflected in the transfer deeds to confirm the fact of transfer of these documents.
The procedure for releasing apartments after sale in accordance with the law
Very often, sellers live in the residential premises they sell before they are transferred to buyers. However, in such cases, it is necessary to determine the moment of vacating the apartments after their sale. In practical activities there is the concept of actual and legal release.
Legal release means the removal of residents from sold apartments. To do this, these persons should independently contact the state authorities in order to remove them from registration at the place of residence, since automatic deregistration is not provided in the event of a change of owner. At the same time, Article 292 of Federal Law No. 51-FZ of November 30, 1994 “Civil Code of the Russian Federation (Part One)” (as amended on December 16, 2019). provides for the transfer of ownership as a basis for termination of the right to use an apartment by the former owner and his family.
The legal release clause should be included in the purchase agreement or stated in a supplemental agreement.
The actual vacating of an apartment means the actual relocation of the former owner from the apartment he sold. This period must be specified in the real estate purchase and sale agreement. If it is not specified, then in such a case reasonable time limits are established, which can only be set by the court. In practice, it is usually a month.
Consequences of the absence of a transfer deed when buying and selling an apartment
Article 556 of Federal Law No. 14-FZ of January 26, 1994 “Civil Code of the Russian Federation (Part Two).” (as amended on March 18, 2019) directly provides for the need to draw up acts of acceptance and transfer of apartments. In its absence, the apartment will not be considered transferred.
Refusal of sellers for any reason to sign transfer deeds is equivalent to refusal to complete transactions. In addition, without transfer deeds, difficulties arise when registering ownership rights to real estate (for example, in Moscow, where Rosreestr requires the provision of such documents).
Example
Sharapov A.N. signed an agreement for the purchase and sale of an apartment with Kotyaev V.N. The seller (Kotyaev V.N.) refused to sign the acceptance certificate, citing the fact that he would sign it immediately after receiving the entire cost of the transaction. Sharapov A.N. refused to pay the rest of the money, citing the fact that the transfer of ownership has not been finalized, since Rosreestr refuses to register his ownership without a transfer deed.
For this reason, the transaction was terminated, the money already paid was returned to the failed buyer.
If one party evades signing the deed of transfer, the opposite party should insist on this, having settled the controversial issues in advance. The purchase and sale agreement must contain information about the time frame for vacating the property by the seller. If the seller does not comply with them or completely refuses to vacate the apartment, the buyer can file a claim with the judicial authorities, where it will be satisfied, and the seller will be forced to move.
Conclusion
Acceptance and transfer acts in transactions aimed at transferring apartments from one person to another are considered final documents signed by sellers and buyers. These documents complete the entire purchase and sale procedure and indicate the starting points for the transfer of risks, since it is at the moment of signing the acceptance and transfer acts that the risks of accidental death pass to the new owner. The drafting of these acts contains a large number of nuances and subtleties, so their development should be approached with the most serious attitude.
Deeds of transfer should not be signed until the seller has fulfilled all of his obligations under the contract. Only after the legal and actual eviction of the former owners of the premises is it possible to sign such documents. Their development should not be neglected, since the law directly provides for the need to sign transfer deeds when making transactions for the purchase and sale of apartments.
What papers can be replaced
It is interesting that in itself it is not a complete equivalent to a purchase and sale or lease agreement, but can only act as an annex to it. But the act of moving material assets, an example of which we gave above, is not the only thing that can be used. You have the right to draw up anything that confirms the need for a decision to transfer an asset and contains mandatory information.
This could be a delivery note - with information about the product, parties to the transaction and other relevant data.
But there are also cases in which the alternative is unacceptable. Typically, these are situations where it is necessary to leave the possibility of making claims (or asserting their absence), for example, when concluding a contract for the purchase of large industrial equipment or expensive property.
In what form is the document drawn up?
The act is an integral annex to the apartment purchase and sale agreement.
Its presence is established by law, therefore it is drawn up in writing in the same number of copies as the contract.
If a purchase and sale agreement and a housing transfer deed are signed at the same time, it can be drawn up not as a separate document, but included in the text of the agreement in the form of clauses on the acceptance of the apartment by the buyer.
In this case, the contract must contain an indication that the contract is also a document confirming acceptance of the property by the buyer.
If the premises are purchased from a developer, the actual transfer of real estate can be combined with an act of reconciliation of mutual settlements, and therefore it must contain information about all payments made by the parties to the agreement.
In any case, such a document must contain the exact parameters of the apartment , its final area after measurement, and cost.
It is recommended that the act be drawn up in at least three copies , since one of them is transferred to the registration authority, and one copy is issued to the parties to the agreement. If necessary, another copy is issued to the developer.
Ready-made solutions for all areas
Stores
Mobility, accuracy and speed of counting goods on the sales floor and in the warehouse will allow you not to lose days of sales during inventory and when receiving goods.
To learn more
Warehouses
Speed up your warehouse employees' work with mobile automation. Eliminate errors in receiving, shipping, inventory and movement of goods forever.
To learn more
Marking
Mandatory labeling of goods is an opportunity for each organization to 100% exclude the acceptance of counterfeit goods into its warehouse and track the supply chain from the manufacturer.
To learn more
E-commerce
Speed, accuracy of acceptance and shipment of goods in the warehouse is the cornerstone in the E-commerce business. Start using modern, more efficient mobile tools.
To learn more
Institutions
Increase the accuracy of accounting for the organization’s property, the level of control over the safety and movement of each item. Mobile accounting will reduce the likelihood of theft and natural losses.
To learn more
Production
Increase the efficiency of your manufacturing enterprise by introducing mobile automation for inventory accounting.
To learn more
EGAIS
Eliminate errors in comparing and reading excise duty stamps for alcoholic beverages using mobile accounting tools.
To learn more
RFID
The first ready-made solution in Russia for tracking goods using RFID tags at each stage of the supply chain.
To learn more
Certification for partners
Obtaining certified Cleverence partner status will allow your company to reach a new level of problem solving at your clients’ enterprises.
To learn more
Inventory
Use modern mobile tools to carry out product inventory. Increase the speed and accuracy of your business process.
To learn more
Mobile automation
Use modern mobile tools to account for goods and fixed assets in your enterprise. Completely abandon accounting “on paper”.
Learn more Show all automation solutions
Features of the MOL change
The order of action comes to the fore - the following steps must be taken:
- Issue an appropriate order, certified by the manager.
- Check the availability and completeness of assets through inventory.
- Establish the real number of items or the fact of their absence, damage, shortage.
- Let the “old” and “new” responsible employee sign.
We remind you that the act of acceptance and transfer of goods and materials (inventory) to an employee, a sample of which we have already given, can be drawn up directly, between subordinates, or with the participation of an intermediary - the company itself. But in both cases, it is more practical to draw it up in 3 copies: one will be received by the parties, and the third by the accounting department. The main thing is that the document will confirm: the asset is in storage and is in proper condition, and there are no claims against its previous holder - transferring to another position, going on vacation or resigning.
The need to draw up an act
This document records the fact of fulfillment of the obligation to transfer the apartment from the previous owner to the new copyright holder who receives the right to it.
After the parties to the agreement have put their signatures on the transfer deed, the apartment is handed over to the buyer. From this moment on, he receives all rights to it, and also assumes obligations for safety, payment of utilities and bears the risks of loss of real estate.
It is not allowed for the parties to the transaction to evade signing the transfer act, which is a failure to fulfill the terms of the agreement.
The act is required as one of the documents submitted to the registration authority to make an entry in the register about the transfer of the right to housing to the new owner. In this case, one copy of the document will be placed in the title documents file, which will make it possible to obtain a duplicate in the event of loss of the original by the seller or buyer.
Disadvantages and defects of the apartment can be indicated both in the act itself and in a separate annex to it.
This is especially important when purchasing an apartment from a developer, since he is responsible for both the timing of the transfer of the apartment and the quality.
If defects are detected, the buyer has the right to demand:
- payment by the developer of a double penalty;
- free troubleshooting;
- reducing the cost of the apartment;
- terminate the contract.
The absence of claims to the apartment or other property transferred to the buyer is also reflected in this document. This is confirmation of the fulfillment of its obligations by the seller.
Documentary confirmation of acceptance and transfer of the apartment is necessary to protect the party from the possible risk of material and moral damage.
The absence of such a document significantly complicates proof in the event of a judicial resolution of the dispute.
A sample apartment acceptance certificate can be downloaded here.
Required details
- name – explains what kind of business paper it is;
- place and full date of filling;
- information about the parties to the transaction (names of companies, full names of managers and their passport details, legal addresses, contact numbers);
- reference to important parameters of the contract (subject, date of conclusion, serial number);
- a detailed and detailed description of the product (quantitative and qualitative indicators, key features, and, if any, defects);
- company seals and MOL signatures.
The cost of stocks sent for storage must also be entered. So the act of acceptance and transfer of the warehouse (the sample of which coincides with the forms already given above) will reflect the value of the asset. To complete the picture, you also need to indicate VAT (or a legal reason for non-payment of tax) - this will help avoid disputes and misunderstandings with the other party.
When concluding transactions directly, information about receipt of full or partial prepayment is optional, but highly desirable, as it significantly simplifies further mutual settlements. If third parties are involved, this information must be provided.
Reflection of the apartment’s shortcomings and their elimination
Deficiencies may be reflected in the act itself, in an inspection sheet or in a special journal.
During the inspection of the apartment, you should carefully check and indicate:
- operability and condition of metering devices;
- integrity of load-bearing structures, brickwork, partitions;
- presence of uneven surfaces, cracks;
- serviceability of ventilation, window units, plumbing equipment and other devices.
If it is impossible to check any equipment or structures, it must be indicated what exactly was not accepted by the buyer and for what reason .
The buyer can control the defects of the premises independently or with the participation of a specialist.
It is recommended to record flaws and defects by photographing, which will serve as additional evidence of the presence of violations.
All deficiencies require correction, which must be indicated in the act defining a reasonable period for their elimination .
Identified irreparable defects may serve as grounds for termination of the contract.
Legal nuances
The document should be drawn up in at least 2 copies - so that you receive one of each of the “old” and “new” MOL. Only authorized people have the right to sign; if the buyer is a legal entity and is represented by an individual, this fact must be confirmed by a power of attorney.
The contract should indicate that an act of issuing material assets to the employee has been drawn up: the sample application in this case will have the same legal force as the main contract.
This paper helps to successfully resolve controversial issues in court. Because it confirms both the change of user of the asset and the proper quality of the property. The following information indicates the legality and timeliness of the procedure:
- delivery within the agreed time frame and without any associated violations;
- signature of the MOL confirming the correctness of the inspection;
- coincidence of the number of product units;
- no claims against the counterparty.
Storage of primary documentation
According to Article 29 of Federal Law No. 402, it is carried out for 5 years - to meet the needs of accounting. The tax requirements are somewhat more modest - 4 years (based on paragraph 1 of Article 23 of the Tax Code of the Russian Federation), but only in the general case. If you receive losses, evidence of expenses cannot be archived for at least 10 years.
If you need an electronic version of the acceptance certificate for goods and materials (material assets), you can download a sample form from here:
- for goods;
- for property;
- for storage (xls format).
Number of impressions: 51042
When is the deed signed?
It all depends on the agreements and payment options between the parties:
- The buyer pays a deposit, the rest after registration. The transfer deed is drawn up after the transfer of ownership, at the time of delivery of the keys.
- The buyer immediately pays the entire amount before registration. The apartment acceptance certificate is drawn up before visiting Rosreestr.
- The apartment is taken out on a mortgage. Calculations and execution of the act - after registration.
Note: the law does not limit in any way the moment of signing the acceptance certificate of an apartment upon purchase. Usually everything happens like this: the buyer looks at the property and agrees to the deal. The parties draw up an agreement and a transfer deed immediately, and the seller receives a deposit. After registration, the remaining amount is transferred, and a receipt is taken from the seller.
Agreement for the sale and purchase of an apartment with installment payment
Agreement for the sale and purchase of an apartment with furniture and household appliances
