Receipt for a loan of funds form. Drawing up a receipt for a loan between individuals. IOU samples

14.04.2019

Arkady Grigoriev

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A receipt is a document confirming the conclusion of a loan agreement when the parties are individuals (citizens), therefore it is important for the lender and the borrower to have a sample of such a document.

The best loan offers according to the editors:

Loans between individuals are one of the most common ways to solve financial problems. At the same time, money can destroy even the most reliable relationship if you do not know how to borrow money.

With the growth of financial and legal literacy, more and more people prefer to formalize their financial relationships in writing. And rightly so, since written registration protects the lender from an unscrupulous borrower. Indeed, when lending money, only the lender risks, and the borrower does not bear any risks. More details about the parties are described in our article. The receipt allows the creditor to file a lawsuit in court for the return of the amount of the debt.

The loan receipt is written personally by the borrower in free form. What information should be included in the listing:

details of the borrower and lender;
place of residence of the borrower and lender;
the amount of the loan and the currency in which the money was transferred (usually rubles, dollars or euros);
the currency in which the money must be returned;
loan term;
interest rate or the procedure for determining it (for a loan taken at interest);
responsible for late refunds.

The receipt can be printed on a computer, but the signatures of the lender and the borrower must be affixed to it with their own hands.

Important! In addition to the mandatory information, it is advisable to indicate in the receipt that the lender transferred a certain amount, and the borrower accepted, the return of money must also be displayed in the receipt and signed by both parties.

Receipt sample

In order to avoid conflicts between the lender and the borrower, a receipt between individuals should be composed like this:

Receipt

May 01, 2016 Moscow city
I, Nikolaev Nikolai Nikolaevich (borrower), born February 22, 1980, registered: Moscow, st. Lenina, 1/11, passport (indicate the series, number and by whom issued) received from Sergeev Sergey Sergeevich (Lender), born on 11.01.1980, registered: Smolensk, st. Lenina, 3, quarter 3, passport (indicate the series, number and by whom issued) a sum of money in debt in the amount of 10,000 US dollars, which is equivalent at the exchange rate of the Central Bank of the Russian Federation as of 01.05.2016. is 650,000 Russian rubles.
I undertake to return the amount of debt equal to 10,000 US dollars in Russian rubles at the rate of the Central Bank of the Russian Federation no later than January 01, 2017.
Borrower's signature Nikolaev Nikolai Nikolaevich.
Signature of the lender Sergeev Sergey Sergeevich.

A loan interest statement might look like this:

I undertake to repay the amount of the debt equal to 10,000 US dollars in Russian rubles at the exchange rate of the Central Bank of the Russian Federation no later than January 01, 2017, including interest for using the loan based on an interest rate of 30% per annum.

It is also better to indicate the return of a loan between individuals in the receipt. Such an entry can be made in the following edition:

I, Sergeev Sergey Sergeevich (Lender) received on 01.01.2017. from Nikolai Nikolaevich Nikolaev the amount of the debt in the amount of 10,000 US dollars in Russian rubles at the exchange rate of the Central Bank of the Russian Federation at the time of the return, as well as all interest due to me.
Borrower's signature.

In the loan agreement, the parties can indicate any nuances of the loan, so that later there are no questions or misunderstandings.

If collateral is used as security for the loan, then this must be indicated in the receipt. It is important to consider the following nuances:

The subject of pledge can be movable and immovable property.
The lender needs to verify that the collateral belongs to the borrower.
If as a pledge, then it is enough to check the documents for the car.
In the case when the pledge is real estate, for example, then in addition to documents for an apartment, it is necessary to obtain the consent of all adults registered in this apartment that the apartment will be pledged.

When it acts as security for loan obligations, it is better to certify the pledge and loan agreement with a notary. This will avoid the risk of fraud by both the lender and the borrower.

Legislative regulation of the loan

If some items are not indicated in the receipt, this does not mean that the transaction is invalid. The legal relationship between the parties, if the lender and the borrower are individuals, is regulated by the Civil Code of the Russian Federation, which establishes mandatory conclusion agreement with a loan amount of more than 10 minimum wages in a simple written form.

The legislation regulates the following points:

The amount owed must be repaid within 30 calendar days from the moment the creditor demanded the repayment of the loan, in the event that the loan repayment period is not specified in the receipt.
If the interest for the use of the loan is not specified, the lender may demand interest for the use of the loan in the amount of the refinancing rate. Therefore, if the loan is interest-free, it is better to indicate this directly in the receipt.

If the debtor does not return the money, then the court will consider only a written confirmation of the loan between individuals. The testimony of witnesses, as confirmation or contestation of the fact of transfer or return of money, is not considered by the court.

Important! All payments in Russia between individuals must be made in the national currency - Russian rubles.

Therefore, when drawing up a receipt in dollars or euros, it is better to indicate the equivalent of Russian rubles at the exchange rate of the Central Bank on the day the money is transferred. At the same time, the refund must also be equivalent to Russian rubles at the exchange rate of the Central Bank on the day of the refund.

What to do if the debt on the receipt is not paid

When the loan relationship between individuals is formalized by a receipt, and the borrower does not repay the debt, the lender has the right to protect his interests in court.

The creditor may file a claim with the court within the period established by law for filing claims for the recovery of a debt.

The limitation period for claims arising from loan agreements is 3 years from the moment when the obligation of the debtor to fulfill its obligations to pay the debt arose.

For example, the debtor indicated in the receipt that he undertakes to repay the debt no later than 01/01/2017. Thus, the creditor needs to apply to the court in the period from 01/02/2017 to 01/01/2020.

As a rule, debt collection cases with a receipt between individuals are considered within one court session. The court decides in favor of the creditor. If the court decision is not executed by the debtor on a voluntary basis, then the bailiff service takes over the work. The bailiff service has its own leverage and powers to collect debts. The lender should only assist the bailiffs and periodically require them to report on the work done.

"Trust, but verify" - that's what it says folk wisdom. Often in life there are situations when you have to lend money to other people.

Shouldn't tempt fate

In most cases, the loan takes place on parole, but it does not always turn out that the borrower is in a hurry to repay the debt, because such a transaction is not legally binding. Therefore, there is a risk that he will not return the funds borrowed by him. Remember that monetary relationships often spoil even the most friendly and family ties. Therefore, in order to avoid troubles and omissions, it is better to play it safe by drawing up a receipt, which, whatever one may say, is a legal document, as well as your guarantee for the return of the debt.

What are the basic rules for compiling a receipt?

It is very important that such a document has all the relevant details: who, to whom, when and how much money was borrowed. If there is a percentage for the use of the amount, it must also be reflected in the receipt. It is good if the document is written by the borrower himself, in his own hand and backed up by his signature. The receipt can be drawn up in front of witnesses or certified by a notary, but even without this, this document has legal force.

Debt relationships are drawn up in writing. Of course, if the amount of debt is close to the minimum (less than 10 minimum dimensions wages), then the legislation provides an opportunity to conclude a deal without written delays (orally). The logic of the drafter of the law is such that in the event of non-return of such an amount, the creditor will not suffer significant financial losses, and the resolution of issues on debt obligations of such sizes is in the plane of good faith and integrity of the parties.

And yet this does not mean at all that obligations for debts, the amount of which is not so significant, are exclusively oral. When the parties strive to avoid any misunderstandings, it is quite acceptable to draw up a receipt or contract. In some cases, it is possible to certify a document by a notary (of course, if the amount is small, such actions are somewhat inappropriate, but the indicated option for resolving the issue has the right to exist).

Some moments

All obligations on debts, the amount of which exceeds 10 minimum wages, are registered exclusively in writing. Otherwise, the person providing the loan loses the right to rely on witness testimony certifying the actual existence of the debt obligation.

The most popular technique for capturing the transmission case Money is IOU. It is pretty easy to set up. The main thing is that it be correctly and legally competently drawn up, then you will not have problems in the process of defending your legal rights in court proceedings (if the debtor refused to repay the debt for no apparent reason).

IOU in court

If the debtor's refusal to return the money forces you to turn to the court for help, then when considering the case, a receipt drawn up by the person who borrowed the money from you will be most welcome. It will be possible to conduct a handwriting examination, which, if the outcome of the case is positive, will serve as a clear confirmation that your claims are not without foundation.

If the mentioned document was compiled using a computer, and only a signature will be present on it from the borrower's handwritten notes, such an examination is impossible (even an expert who is not a professional in his field will confirm this), due to the fact that the material for research ( handwriting) is not presented in the required volume. The conclusion follows: the document must be drawn up by the hand of the person who borrowed the money.

Promissory note certified by a notary

The receipt does not need to be notarized, and even so - in the case of legally competent compilation - it acts as evidence of the fact that the money borrowed has been returned. But if available great desire spend time and lose a certain amount of financial funds, you can safely visit a notary, this is not forbidden by law.

Receipt form

What should an IOU look like? Its form is not established by law, but the document in without fail must contain the following information:

Surname, name and patronymic of the borrower and lender. Similar document cannot be anonymous. In addition, it is also necessary to indicate here the names of the witnesses present at the time of drawing up the receipt, if any.
Passport details of the person receiving the money and the person giving it. In the event that the borrower is married, the spouse's passport details are also indicated, and a record is made that he/she is aware of the loan and has no objections.
Loan amount (in numbers and words).
Refund deadlines.
Signatures of the parties.
It is also necessary to indicate where and when the receipt was drawn up.

In addition, the document must indicate that the funds were actually received. The most important condition drawing up a receipt is that it should not raise absolutely any doubts about its authenticity. There should not be places in the document where you can enter something at any time, not allowed different kind corrections and blots, abbreviations are also excluded. In order to avoid errors when compiling a document, it is recommended to use a sample receipt (presented below).

Receipt expiration date

An IOU, which is very important to indicate the statute of limitations, must have a date for the repayment of the loan. Without it, it is not possible to determine the period of limitation on the existing requirement, therefore, the receipt itself has no legal force, since it is not subject to protection in court (remember this!).

Receipt example

The IOU, an example of which we will consider below, is not notarized. Therefore, the very fact of the transfer of funds must be certified by the signatures of at least two witnesses, who at the end must indicate their passport data, full name, registration address and put personal signatures.

RECEIPT

I am Petr Antonovich Frolov, born in 1963, living in the village of Zabugornoye of the Kanavinsky district (identification number 00000000, passport SI No. 000000, issued by the Kanavinsky Regional Department of the Ministry of Internal Affairs on 10/15/1986), I give this receipt to US citizen Phil Jones, born in 1961, a native of Newcastle, that I, Frolov P. A., received a loan from Phil Jones in the amount of 100 (one hundred) US dollars.
The loan is interest-free. I undertake to repay the loan in full by March 25, 2013.

Present:

May 30, 2011, signed

May 30, 2011, signed

This document may be good example of how an IOU is drawn up with witnesses.

sample promissory note with interest

RECEIPT

I am Petr Antonovich Frolov, born in 1963, living in the village of Zabugornoye of the Kanavinsky district (SI passport No. 000000, issued by the Kanavinsky Regional Department of the Ministry of Internal Affairs on 10/15/1986), I give this receipt to US citizen Phil Jones, born in 1961, a native of Newcastle, that I, Frolov P.A., received from Phil Jones loaned money in the amount of 100 (one hundred) US dollars at 12 (twelve) percent per annum.
I undertake to repay the loan in full by March 25, 2013. I undertake to pay interest once every 5 months (or specify another period as agreed by the parties).

Present:

1. Lazarenko Yuri Viktorovich, living in the village. Zabugorne, st. Bulzhnaya, 12.
May 30, 2011, signed.
2. Drygina Anastasia Arkadievna, living in the village. Zabugorne, st. Bulzhnaya, 14.
May 30, 2011, signed.

An IOU with interest, the sample of which we considered above, puts the borrower in a certain framework, but this plays into the hands of the lender. And vice versa, the lack of information in the document about the specific obligation of the borrower to pay interest for use along with the loan amount does not bode well for the lender. Interest is paid special attention, because in this issue there are a number of nuances.

So, the said part of the money, according to the agreement, can be paid in absolutely any order, but if the terms are not specified, then the payment must occur monthly. If, according to the agreement, a loan is provided in a foreign currency, then the borrower, subject to an interest-free loan, must return not only his debt in rubles, but also the difference that may be formed due to the fall of the national currency.

Receipt form

A debt receipt, the form of which contains such details as the name of the document, the text of the receipt and the place of its writing, can be safely used in court. Consider an example of a specific form.

RECEIPT

____________________ "___" ___________ 20___

I, ________________________________________________, passport: series ______, No. ___________,
issued by ________________________________________________________________________________,
registered ______ at the address: __________________________________________________________,

received from __ __________________________________________________, passport: series ______, No. ___________, issued by ________________________________________________________________,
registered ____ at: _______________________________________________________________,
____________________________________________________________________________________,
cash in the amount of __________ (amount in words) rubles and I undertake to repay the debt by ____________________ 20____.

Note: here you can prescribe the conditions for the payment of interest for use and a penalty for failure to fulfill an obligation.

"__"__________ ____ G. _______________/_______________/

Promissory note for a car. Sample

I, Ekaterina Vasilyevna Somkina, passport series 0000 No. 00000, issued by the Department of Internal Affairs of the Basmanny district of the Department of Internal Affairs of the Central Administrative District of Moscow on 12.06.2004, received from Yaroslav Vitalyevich Filatov, passport series 0000 No. 000000, issued by the Department of Internal Affairs of Fili-Davydkovo, Moscow on 11.03.2003, cash the amount of 300,000 (three hundred thousand) Russian rubles for a Chevrolet Niva vehicle, vehicle identification number X9L0000000000. According to the contract for the sale of a car, concluded by the parties on November 5, 2011 No.

Payment has been made in full.

05. 11. 2011 _______ Somkina E.V.

Similarly, an IOU with interest can also be issued. A sample of all documents can also be provided by a consulting company, whose specialists have the opportunity to objectively assess situations with different sides. They can also advise you on this matter in order to avoid going to court or otherwise. unpleasant situations further.

Simple Rules

Like any other document, an IOU has certain rules for drawing up and characteristics, namely:

be sure to indicate the passport data of both parties under the contract;
the amount must be written in rubles, but at the same time be in the equivalent of hard currency;
indicate Exact size percent. Otherwise, they will be charged in the amount of a bank percentage of the discount rate, which may not be profitable for you.

A debt receipt is precisely a written document that confirms both the fact that the borrower received the corresponding amount of money and the existence of a loan relationship between the citizens that make it up.

But not every receipt allows you to recover your money from the debtor through the court if the latter violates the terms of the loan. The reason for this phenomenon often lies in the mistakes that borrowers deliberately or negligently make when compiling the said document.

How is the debt repaid?

Standard activities that lead to partial or full repayment missed payments by the debtor start with phone calls, letters and visits to management. The presented scheme of actions is effective when the debt is short-term. In more difficult situations debt collection is carried out in the order of action proceedings.

Each stage has its own characteristics and takes certain time. Can be coordinated with government bodies and arbitrators. The main goal of all these activities is to achieve judgment in favor of the plaintiff.

To do this, the latter submits documents to the court. Having accepted them, the secretary, who is present at the reception along with the judge, and the office employee must sign, indicating the incoming number, and put stamps on your copy of the claim. Also, the secretary is obliged to issue you a receipt stating that he received an application from you indicating all the papers provided by you. Mediators, in turn, must objectively judge the parties, since they are responsible for ethical and legal norms.

Download promissory note form

A debt receipt is used by many citizens when receiving or issuing money in loans. This document is a confirmation of the transaction.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

However, it is worth understanding all the nuances and features of a receipt for a loan of money in 2019. There are both legislative moments and provisions that relate to the format, structure and procedure for processing this document.

What it is

A receipt is a personal document that is designed to protect the rights of both the borrower and the lender.

It is worth noting that the use of a debt document is allowed for transactions that are concluded between:

individuals and individuals;
individuals and legal entities.

Each of these types of receipts has its own characteristics of filling. However, a single unified form has not been established by law. Therefore, you can fill it out in a free form.

A receipt is a small sheet of paper that contains the main items related to the debt. The more nuances are included in this document, the easier it will be to conduct a transaction.

Definitions

Receipt	This is a document that certifies the fact of the transaction. It can be made by both the borrower and the lender. This document is used only when obtaining a loan
	This is a type of loan. The main difference from a loan is that this species agreements can be made between individuals and legal entities
Individual	This is a citizen who takes a loan for his consumer needs
Interest rates	This is a reward for the lender for the use of funds. Many receipts can be concluded free of charge
Creditor	This is an individual, a microfinance company, a banking organization that provide the opportunity to borrow money
Legal entities	These are organizations, companies and representatives of business structures. Upon receipt of a loan, a legal entity sends it to the development of the enterprise

What is its purpose

In case of delays, the creditor has the right to sell the IOU. Penalties for delinquency on IOUs are much tougher than in banks.

If a penalty is simply charged in MFIs and banks, then a private lender has the right to demand with him. And this must be done within 30 days. Otherwise, everything can end up in court and enforcement.

The main purpose of the receipt is to confirm the conclusion of a loan transaction and report on the receipt of funds under the agreement from the lender to the borrower and vice versa.

Legal framework

As for the legal side of issuing loans against receipt, here you should refer to federal law.

This document contains provisions on how to conclude a loan transaction. talks about lending conditions in the case of consumer loans. They should be distinguished from business loans.

The receipt should also indicate the total cost of the loan. This is written in. This item allows you to immediately assess the strength and not fall into credit slavery.

IOU in legislation Russian Federation is considered an instrument that is used exclusively in civil relations.

Therefore, the main points about this document placed in . detailed information concerning receipts is contained in .

Paragraph two says that in the case of drawing up the main agreement, the receipt can be provided as additional document. But it should be understood that the use of such paper is also allowed as a separate legal document.

How to write a letter for a loan of money

The main purpose of the receipt is its legal force before the court. Therefore, before compiling this document, you should know some rules for filling out paper.

Indeed, in case of errors and inaccuracies, the court may not accept this document as evidence in the trial. And this will significantly reduce the chances of winning the case.

When entering data, you should remember the following nuances:

It is best to fill out the document by hand	Despite the fact that the law allows you to print out the form and put only a signature on it manually, the priority is a document that is completely written by hand. The point is that at litigation handwriting will be examined. And it is impossible to accurately determine the authenticity by one signature. Therefore, the court may not take this document for consideration in the case, which will reduce the chances of winning
Witnesses making a deal	When signing the receipt, you should take care of at least two witnesses. Although this procedure it is not necessary to carry out in every case of issuing a loan, but it is recommended to use this opportunity. After all, this is another way to give the receipt greater legal force.
Agreement Details	Since the IOU is intended primarily to protect the parties to the transaction from fraud, care should be taken to ensure that this document contains as many details about the transaction as possible. So, it is important to indicate the loan amount, loan term, debt repayment algorithm, etc.

Subject to these simple rules you can achieve the highest degree of legal force of the receipt. Therefore, you should carefully prepare a sample, and after that proceed to fill it out and conclude a deal.

Where can you apply for a loan

Loans for the population and for legal entities provide different organizations. Most often, these loans are issued by individuals.

To find the most acceptable option in terms of borrower requirements and lending conditions, different lenders should be compared. This can be done using various services.

Various private investors place their ads on special Internet sites. The search is carried out using a special form. It is included required amount and the program produces a list of the most suitable options for lenders.

Photo: Internet platforms for posting ads

Money on a loan against receipt in Moscow is issued at a service organization. This company collects Required documents, sends them to MFIs or private lenders. Once the application is approved, the borrower can choose suitable option from those offered.

Photo: loan calculator MFO Zaim 911

How to write a document (sample)

In order for the form to be the most effective tool control, it should contain as many details of the transaction as possible.

The title of the document must contain the name of the document, the city of the conclusion of the transaction and the date of the receipt.

Personal data of the borrower and lender	These include full name, date of birth, passport details, place of residence, contact addresses and telephone numbers
Conditions for issuing a loan	Loan size, interest rates, commissions, loan term
Currency operations	The receipt should also indicate such a condition as the return of the debt at the exchange rate. However this proposal should be written in the document, otherwise the borrower may refuse to comply with it, in case of an oral agreement
Force majeure	These include possible delays. So, you should immediately install. You can also prescribe a condition on the possibility of deferred payment and repayment of the debt

The following example can be used as an example:

At the very end, the details of both parties are placed in the form of a series and number of a passport document and full name. Also, the IOU is signed by both the borrower and the lender.

At what amount do you need to make

The legislation of the Russian Federation provides for two types of conclusion of debt transactions. The first is a verbal agreement.

They have the right to conclude it only if the amount of the transaction does not exceed 10 times the minimum wage.

The second case is a written fastening of the loan agreement. So, if the transaction amount exceeds statutory Russia limit, it is necessary to draw up a written document.

To date, all loan transactions, the amount of which exceeds 1 thousand rubles, must automatically be executed in paper form.

If between individuals

IOU in most situations is a tool to control agreements between individuals.

Indeed, in the case of legal entities, it is worth drawing up separate loan agreements - they are more efficient and have greater influence.

In the case of individuals, an IOU is a document that can be used not only to conclude monetary relations, but also when transferring things for use.

When , more likely to pick up best option in terms of lending.

Indeed, in most situations, such a lender decides to issue funds based on their own ideas about the borrower. And such a deal can be concluded immediately.

Plus, such a document has a formal meaning. If a loan is taken from relatives and friends, then a receipt is the easiest way to document it.

You do not need to pay a lawyer for it and you can draw it up yourself and without errors. What can not be said about the loan agreement.

Do I need to notarize

When drawing up a receipt, it should be understood that such a document has little legal force. If, in the case of relatives and acquaintances, it is unlikely that you will have to carry out judicial penalties, then such a document should not be notarized.

In addition, the amount of the transaction also matters. When it is a small loan, you still have to pay for a notary. And this fee may even exceed the total cost of the loan.

Therefore, such an assurance would be extremely disadvantageous. But in the case of large transactions, it is worth protecting yourself. A notarized receipt will be useful not only for the lender, but also for the borrower.

Since such a document in court becomes the basis for the consideration of the case and the main evidence.

To check the lender or borrower for the possibility of fraud, you should offer him to certify the document. Usually such people immediately refuse to conclude a deal.

Document validity period

There are several nuances that determine the validity of the receipt. It should be understood that the calculation of the limitation period for such a document begins from the date of the end of the loan period.

IOU (sample)It is used in civil law relations related to the receipt of funds by one party and their transfer to the other, both in fulfillment of an obligation, and on a voluntary basis. Where to find a sample IOU and what you should pay attention to when compiling it, you will learn from our article.

Receipt for a loan of funds

An IOU is a document according to which one party transfers money and the other accepts it.

An IOU (sample free download) should be drawn up taking into account some recommendations.

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

In the text of the receipt, it is necessary to indicate the full details of the borrower and the lender, namely, full name, date of birth, passport details and place of residence / residence.

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

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

Receipt form for receiving money

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

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

Thus, the receipt form can be handwritten and typewritten; a variant of an oral agreement between citizens on the terms and amount of the loan is provided. But the Civil Code establishes that if the amount of the 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 it is provided by law;
if the parties so express their intention.

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

But in article 163 of the Civil Code, it is not in vain that it speaks of notarization of the transaction. The fact is that a notary will not certify a 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 going to go to a notary with only one receipt, then be prepared for the fact that your request will be denied.

How to be in such a situation?

If the money was not transferred by receipt, but you have a firm intention to insure yourself against non-payment of the debt by the second party, draw up a loan agreement in a simple written form, attach a receipt to it and go to the notary.
If the money has already been transferred by receipt, and you would still like to certify it with a notary, it makes no sense to draw up a loan agreement. Moreover, a receipt drawn up in writing 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 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.

The Civil Code does not provide for the mandatory presence of 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, it is not allowed to contest it due to lack of money by witness testimony. The exception is cases where the contract was concluded under the influence of violence, deceit, threats, etc.

But! If the case goes to court, testimonies will be very useful, for example, if the circumstances associated with writing the receipt are confirmed: where was it written, by whom, was the debtor forced to write the receipt, etc.

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

The receipt can be notarized or not, drawn up with or without witnesses - at your discretion. In our article, we have tried to give the main arguments that may prompt you to apply additional ways insurance when making a receipt. Use them or not - you choose.

A promissory note is a document used in civil law relations in order to minimize the risk that the transferred funds will not be returned. The law does not establish clear requirements for the preparation of this document, so it is important to know how to draw it up. Let us consider in detail the features of drawing up a debt receipt.

○ The concept of an IOU.

A promissory note is a document that is drawn up upon the transfer of funds. She certifies that one party transferred the money in the amount indicated in the document, and the second accepted them, undertaking to return them within the agreed time.

Typically, a receipt is drawn up when funds are lent at interest. The purpose of the document is not only to fix the obligation to return the money, but also to indicate the total amount that should be transferred to the lender.

○ Compilation features.

In confirmation of the loan agreement and its terms, a borrower's receipt or other document certifying the transfer of a certain amount of money by the lender may be submitted or a certain amount of things.
(Clause 2, Article 808 of the Civil Code of the Russian Federation).

The design of this document has its own characteristics.

✔ With a loan of more than 10,000 rubles.

If the transferred amount does not exceed 10 thousand rubles, the parties may conclude an oral agreement on the return of money. But if the object of transfer is larger, a written assurance of the transaction is necessary. In this case, you can draw up a standard loan agreement, it will be valid if signed by the parties, or simply issue a receipt.

Each document will be the basis for the return of the debt.

✔ Notarial certification.

Notarial certification of transactions is mandatory:

In the cases specified in the law.
In cases stipulated by the agreement of the parties, at least by law, this form was not required for transactions of this type.
(Clause 2, Article 163 of the Civil Code of the Russian Federation).

It turns out that there is no mandatory requirement for notarization of the receipt. Here, some features should be taken into account. The notary will not certify the receipt as a separate document. He can certify only the loan agreement and the receipt, as an annex to it.

Thus, if you have not yet transferred the money against receipt, but want to notarize the transaction, draw up a loan agreement. And if the funds have already been transferred and you want to insure yourself additionally, do not worry. The receipt is already a legal document, as a basis for the return of a debt. If problems arise, in any case, you will have to go to court.

○ General rules for issuing IOUs.

The law does not establish specific requirements to the format of the document. The receipt may be handwritten or typed. The first option is more preferable, because in case of problems, you will have proof that the debtor personally and voluntarily filled out the document.

Despite the absence of an established form, the preparation of a receipt still has some features.

✔ Document content.

The document must include the following information:

Full name, passport and contact details of the parties.
Place of residence / residence.
Amount to be lent (in numbers and words).
Interest (if applicable).
Currency exchange rate (if money is transferred in euros or dollars, the exchange rate is constantly changing and you need to insure yourself against possible losses).
Debt repayment period - it is desirable to specify a specific date.
Signatures of the parties.

✔ Debt with interest.

The main feature of this form of receipt is an indication of the interest at which funds are transferred. Considering that the period of use of money is also fixed in the document, the calculation of the total amount to be returned is made.

If for some reason the debtor does not transfer funds on time, interest continues to accrue.

If the amount of debt is significant, it is better to draw up a full-fledged loan agreement and a receipt, as an annex to it.

Example.

I, Sergey Leonidovich Petrov, born in 1986, living in Krasnodar (passport 1234 564789 issued by the Krasnodar Department of Internal Affairs on 10/20/2006), I transfer this receipt to Petr Vladimirovich Kravchenko, living in Krasnogorsk (passport 3216 654789 issued by the Moscow Department of Internal Affairs on 12/21/1998 d) that I am Petrov S.L. received from Kravchenko P.V. 40 thousand rubles at 10% per annum.

I undertake to repay the loan in full (47,500 rubles) by September 15, 2017.

✔ Debt without interest.

If the funds are transferred without accruing interest, the receipt indicates only the amount of the debt and the repayment period. It is important to consider that the more specific information is included in a document, the easier it will be to use it in case of a dispute.

An example of an interest-free receipt

✔ IOU with monthly payments.

For this method of calculation, it is desirable to draw up a loan agreement, because this form of document has a greater legal weight and provides the opportunity to draw up a payment schedule. It is also easier to prove that the agreed monthly amount was not paid on time.

If desired, the payment schedule can be included in the receipt, but here it will be more an indication of the systematic making of payments.

But in the form of a receipt, the transferred loan will have the same legal force.

In this way, correct design Receipts are crucial for the return of the debt, in the event of a dispute.