Don't be scared. It's simple, I'll explain.
If you haven’t come across it yourself, then you’ve probably heard stories from acquaintances when, in the event of a delay in payment on a loan, a bank writes off “arbitrarily” money from the borrower’s account. And not only from the account intended for debt repayment, but from any accounts opened in this bank.
It often happens that the borrower receives a salary to an account in the same bank in which he received the loan. Either he received a transfer, or he himself deposited money on a card opened in this bank. No matter. The bottom line is that the bank can disrupt plans for the distribution of the family budget.
For example. Everything is planned out for you: this part of the money goes there, this part goes here, so much for a kindergarten, this is a return of a debt to a neighbor, etc. And then I will pay the loan, next month .... or even later.
And then you get an SMS like: “Your entire salary has been written off, blah blah blah and we are throwing all your plans down the drain. With love, sincerely yours, PromChesKhvostBank.
It often happens that all wages, pensions, social benefits, etc. are written off “under the net”.
Information among citizens is distributed different on this occasion. Most are convinced that it is illegal. Someone claims that only 50% can be written off (confused with enforcement proceedings). Others go to court, where they are denied, unfortunately.
Everything is simple. When a borrower signs a loan agreement, along with the agreement, he signs a bunch of all sorts of applications, additions, links to some “general lending conditions” posted on the bank’s website, consent is given to all kinds of insurance, “ financial protection" etc.
Here, the bank includes in the agreement or in one of its annexes a condition according to which the borrower agrees to write off the amount of debt from any accounts opened with this bank if the loan payment is not received on time.
This is your very consent in the language of financiers is called "pre-acceptance".
In connection with the foregoing, all such write-offs are legal and all with your consent. Accordingly, all your claims to the bank regarding the debiting of money will be unfounded. Don't waste money on lawyers.
There is an easier way.
Based on the provisions of Art. 6 federal law dated 06/27/2011 N 161-FZ "On the national payment system”, an acceptance given in advance is a unilateral expression of will expressing the consent of the payer to write off Money with his bank account(not one-time, but permanent).
By providing this acceptance in advance, the borrower acts of his own free will and in his own interest.
The giving of this acceptance in advance is law, a not an obligation borrower, in its absence, the Bank is not entitled to transfer the borrower's funds from an account opened with the Bank to pay off the debt under the loan agreement.
Based on the provisions of the Federal Law “On the National Payment System”, as well as in accordance with the Regulations of the Bank of Russia “On the Rules for Transferring Funds”, if there is a prior acceptance the payer has the right change its terms or revoke advance acceptance.
The payer's acceptance means his consent to the bank debiting money from the account for various reasons (payment for the services of counterparties, repayment financial requirements regulatory authorities, debiting money in favor of the bank itself, etc.). An acceptance can not only be issued by the payer in relation to the demand received by him, it can also be given to the bank in advance, which subsequently debits the money without acceptance.
In accordance with paragraph 2 of Art. 854 of the Civil Code of the Russian Federation, without the client's order, the debiting of funds on the account is allowed by a court decision, as well as in cases established by law (for example, the collection of tax and customs payments) or stipulated by the agreement between the bank and the client.
It is beneficial for the bank to establish the right to directly debit money for the prompt receipt of the money due to it to pay off the client's debts, given that the money coming to the client's account is actually under the direct control of the bank, which has all the information about them.
So, according to sub. 3 clause 3.1 of Regulations of the Central Bank of the Russian Federation dated August 31, 1998 No. 54-P, the repayment (return) of funds placed by the bank and the payment of interest on them are made, in particular, by debiting funds from the bank account of the client - the borrower ( legal entity), serviced by the creditor bank, on the basis of the payment request of the creditor bank (in the field "Terms of payment" of the payment request, "without acceptance" is indicated). Money is debited on the basis of a bank order drawn up by the bank (clause 9.3 of the Regulation of the Central Bank of the Russian Federation dated June 19, 2012 No. 383-P (hereinafter - Regulation No. 383-P).
The bank can also establish a non-acceptance procedure at the request of the client himself, if this is required by the terms of his agreement with the counterparty. It can be included in the bank account agreement, in an additional agreement to it, or in a separate agreement between the bank and the client and the creditor of the latter. Agreeing with the client on an unacceptable procedure for debiting money from his account gives the bank the right not to request the client's consent, since it is already considered received.
According to clause 2.9.1 of Regulation No. 383-P, the payer's advance acceptance may be given in an agreement between the payer's bank and the payer and (or) in the form of a separate message or document, including a statement of advance acceptance drawn up by the payer in in electronic format or on paper, indicating the amount of acceptance or the procedure for determining it, information about the recipient of funds, about the obligation of the payer and the main contract, including in cases provided for by federal law, indicating the possibility (impossibility) of partial execution of the order, as well as other information . This acceptance in advance may be given in respect of one or more bank accounts of the payer.
In advance, this acceptance of the payer in the form of a separate document or message in electronic form is signed with an electronic signature, an analogue of a handwritten signature and (or) is certified by codes, passwords, other means to confirm that the document or message in electronic form was drawn up by the payer or an authorized (authorized) person (persons). In advance, this acceptance of the payer in the form of a separate document or a message on paper is drawn up with a handwritten signature (handwritten signatures) and an imprint of the seal (if any) of the payer according to the samples declared to the bank in the card.
In case of a positive result of the control over the presence of the payer's acceptance in advance, the payer's bank controls the sufficiency of funds in the payer's bank account. If the order of the recipient of funds does not comply with the conditions of the previously given acceptance of the payer, the order of the recipient of funds is subject to return, unless the contract provides for the obligation of the payer's bank in this case to request the acceptance of the payer.
In case of a negative result of the control over the presence of the payer's pre-given acceptance, including if the possibility of partial execution is not provided for by the conditions of the payer's pre-given acceptance, the order of the recipient of funds is subject to transfer to the payer in the manner prescribed by the agreement in order to receive the payer's acceptance by the payer's bank.
Thus, a non-acceptance procedure for debiting money from a client’s account should be established in an agreement with him indicating the recipient of the funds (the bank or counterparty of the account holder), the numbers of the accounts from which the debit will be made, the maximum amount of acceptance or the conditions for debiting all, without exception, coming to the account amount of the client, indicating the possibility of partial execution of orders in case of insufficient funds on the account, as well as indicate the period of validity of the direct order and the condition that the client is unable to unilaterally revoke your acceptance for the entire period of its validity.
This acceptance should not be formalized in advance in the form of a separate message from the client, since he can always withdraw it, while in the agreement on the establishment of a non-acceptance procedure for debiting money, it is possible to provide for the condition that this procedure is valid for a certain period and cannot be unilaterally changed by the account holder.
In the agreement on the establishment of a non-acceptance procedure, it is imperative to indicate all accounts from which money can be debited. Simply pointing out the possibility of debiting any accounts opened with a particular bank will not be enough, as can be seen in the example of bank dispute resolution involving consumers.
Direct debits should be carefully used with consumers who are economically more weak side bank account agreements and therefore enjoy increased protection from the state. Any restrictions on the rights of consumers can be interpreted as infringing on their rights and as a result being invalid on the basis of Art. 16 of the Law of 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”, since their situation cannot be worsened in comparison with the way it is determined by the current legislation of the Russian Federation (Resolution of the AC UO of 31.12.2014 No. Ф09-9295 / 14 ).
In addition to invalidating the provision of the agreement on the direct debiting of money from consumer accounts and depriving it of legal force, the bank can also be held administratively liable for the fact of its inclusion in the agreement under Part 2 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation.
A non-acceptance procedure in relations with consumers can be established by a bank with a clear indication of the accounts from which the debit will be made. The Bank is not entitled to write off without acceptance from any accounts of its borrowers-consumers the funds due to it, since it is not entitled to dispose of them without its consent, prior acceptance is possible only in relation to strictly defined bank accounts (Resolution of the AC VBO dated 18.08. No. А79-1500/2013).
AT loan agreement with a borrower-consumer, the bank is not entitled to provide for a condition on a pre-given acceptance for debiting any amounts of money (principal debt, interest, penalty, losses, etc.) from any borrower's accounts opened with this bank, since the law does not provide for such a possibility. Claims for the recovery of forfeit and damages are generally uncontroversial, their satisfaction may be denied in whole or in part, therefore, in principle, the non-acceptance procedure cannot be extended to them.
Funds can be written off without acceptance only from those accounts that are directly indicated in the terms of direct debit, brought to the attention of the borrower and accepted by him by signing the relevant documents (agreement, supplementary agreement, application for joining general conditions banking service). The wording “withdrawal from any bank accounts of the borrower, including those that will be opened to him in the future” does not comply with the law and the criteria for a pre-given acceptance (Resolution of the FAS ZSO dated March 21, 2014 in case No. A27-8413 / 2013).
This is due to the fact that the client's order, as the basis for debiting funds, must be specific and contain his clear will on the need to transfer a certain amount to a specific recipient. This acceptance in advance has the character of the client's order in the case when it is clearly clear how much, to whom and from which account (s) is to be transferred, since this right is the right of the client and can be exercised by him at his own will and in his own interest ( Decree of the Presidium of the Khabarovsk Regional Court dated January 19, 2015 No. 44-g-1/15).
The bank is not entitled to undisputedly dispose of the funds on the client's accounts, regardless of the presence or absence of legal grounds for claiming them, the correctness of the amount claimed (Resolution of the FAS SKO dated February 12, 2014 in case No. A53-11525 / 2013) and in the absence of taking into account the will of the a consumer who is deprived of the opportunity to influence the content of the signed documents (Resolution of the AC SZO dated February 9, 2015 in case No. А05-1370 / 2014), and therefore it cannot be considered that an agreement has been reached between the parties on direct debiting of money (clause 6 of the Information Letter Presidium of the Supreme Arbitration Court of the Russian Federation dated September 13, 2011 No. 146).
If, however, the bank has indicated specific client accounts in the agreement on the use of a non-acceptance procedure that the list of amounts to be debited is acceptable, then it has the right to use it, since in the bank account agreement the bank has the right to provide for a condition on its right to write off without acceptance from any accounts opened to a client in a bank, including from deposit accounts and from salary accounts, amounts of money to pay off the client’s obligations to him under a loan agreement (principal debt, interest for use, commissions), and such a condition does not contradict the law (Appeal ruling of the Tver Regional Court dated 07/03/2014 in case No. 33-2445).
For example, the direct debiting of money from the client's accounts to pay off his loan debt to the bank cannot be considered a violation of his rights if such a procedure has been agreed between them, indicating the specific accounts and types of payments in respect of which it operates, moreover, as a result of its application, the size of the current debt of the client to the bank is reduced, he is not charged a penalty for delay, which also entails a useful economical effect(Determination of the Chelyabinsk Regional Court dated November 20, 2014 in case No. 11-12092/2014).
The bank's right to directly debit money from the borrower's accounts to repay its loan debt must be enshrined in all documents that are signed with the borrower (loan agreement, questionnaire - the borrower's application for joining the general conditions of banking services, such conditions themselves, bank account agreement, etc. .), indicating that the bank has the right to write off the money due to it on a monthly basis or at another time from certain accounts, including from the salary account, provided that all accounts are agreed by the parties, which does not contradict Art. 854 of the Civil Code of the Russian Federation (Appeal ruling of the Tver Regional Court of 07/03/2014 in case No. 33-2445).
If relations with a client are formalized by accepting an application from him for joining the general conditions of banking services, then in such an application a separate column should be made on the client’s consent with the bank’s right to directly debit money from specific client accounts to pay off debts to the bank, indicating the types of debited sums of money.
The bank should take into account that in the loan agreement it is not entitled to indicate that the obligation of the borrower-consumer to make monthly payments on the loan is considered fulfilled only if the amount of funds in the borrower's bank account is not less than the amount of his obligations as of the specified date, not later than a certain time, so that he can write off such an amount without acceptance, since the borrower-consumer has the right, at his discretion, to choose the method of repaying the loan - in cash to the bank’s cash desk, by bank transfer, entrusting the fulfillment of the obligation to a third party, etc. (Resolution of the FAS ZSO dated February 5, 2014 in case No. А70-6209/2013).
In addition, the bank is also not entitled to write off funds without acceptance from the client's account for the debts of his spouse (the company he created), if the client did not give any guarantees in favor of the bank and there is no evidence that the specified debt can be attributed to the general obligations of the spouses in accordance with paragraph 2 of Art. 45 of the RF IC (Determination of the RF Armed Forces dated May 12, 2015 No. 45-KG15-4). However, the bank has the right to provide for this condition in the client's bank account agreement, which will give it the right to write off funds from the client's accounts without acceptance (Article 421 of the Civil Code of the Russian Federation).
Also, the bank should take into account such a risk as the possibility of challenging a banking operation for direct debiting of funds from a client’s account as part of a bankruptcy case in accordance with the rules provided for in Chapter III.1 of Federal Law No. 127-FZ of October 26, 2002 “On Insolvency )”, in particular under Art. 61.3 as a trade with preference.
In this case, the bank needs to give such arguments as the debtor’s absence of unfulfilled claims to other creditors at the time of the transaction, debt repayment as a result of a direct write-off from the money deposited into the account by the debtor himself and remaining on the account after settlements with other creditors at the end of each business day, which indicates that the disputed banking transaction does not have signs of a transaction with preference, given the absence of claims that existed before the disputed payments were made (Determination of the Supreme Court of the Russian Federation of June 19, 2015 No. 309-ES15-2399).
– consent to payment of the presented settlement documents, acceptance of the proposed conditions.
In accordance with Art. 438 of the Civil Code of the Russian Federation:
“Acceptance is the response of the person to whom the offer is addressed, about its acceptance.
The acceptance must be complete and unconditional.
Silence is not an acceptance, unless otherwise follows from the law, customary business practice or from previous business relations of the parties.
The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the conditions of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or not specified in the offer.
Applied to banking operations acceptance is used in settlements with payment requests.
Payment requests submitted to the bank by the recipients of funds through their servicing bank can only be with the acceptance of the payer, i.e. be paid only with the consent of the payer and at his order.
The term for acceptance, as a rule, is established by an agreement between the payer and the recipient of funds and is indicated on the payment request. In the absence of such an indication, the period for acceptance is 5 working days. Those. within this period, the payer must submit to the bank a document of acceptance (consent to payment) or refusal to accept.
Refusal of acceptance can be either complete, for the entire amount of payment, or partial (for example, in cases of incompleteness, poor quality of goods, arithmetic error, etc.).
If within the period established for acceptance the bank does not receive the payer's consent to payment or his refusal to accept in the prescribed form, the payment request will be returned by the bank to the recipient of funds without execution.
Acceptance of a payment (settlement) document may be given in advance.
Acceptance given in advance - consent to payment of a payment (settlement) document, given by the payer in advance (before the payment document arrives at the bank) in an agreement between the bank and the payer, or executed in the form of a separate document. It should be noted that the execution of this acceptance in advance involves indicating the amount of acceptance or the procedure for determining it, information about the recipient of funds who has the right to present orders to the payer's bank account, about the payer's obligation and the main contract, indicating the possibility (impossibility) of partial execution of the order, as well as other information.
In the case of a pre-given acceptance, the field of the payment request "Term for acceptance" is not filled.
Reference: Since 2012, settlements by payment requests "Without acceptance" of the payer have been cancelled. In addition, the concept of "preliminary acceptance" is excluded.
The concept of "Acceptance" is also applicable in settlements by letters of credit and bills of exchange.
Banks can accept payment documents of the payer, thus giving a guarantee of their payment (Bank acceptance). In case of insolvency of the payer, the accepting bank pays for these documents. It is used in foreign trade transactions, settlements by letters of credit and bills of exchange.
Acceptance of a bill of exchange is drawn up by the debtor on a special field of the bill and means his (debtor's) consent to pay this bill. The obligation to pay a bill of exchange by the debtor arises only after the acceptance of this bill by him.
Posted: 01/17/2018
Acceptance means that the payer recognizes the creditor's payment request as correct and payable and instructs the bank to write off the amount of the payment request from his account. By general rule the bank has the right to debit funds from the account of its client only if there is his consent - acceptance.
However, at present, the problem of determining the mechanism for the legality of direct debiting of funds has become the most acute.
However, there is an exception to this rule, which allows the bank to debit money from the account of its client without his consent, that is, without acceptance.
Write-off of funds on the account without the client's order is allowed by a court decision, as well as in cases established by law or provided for by an agreement between the bank and the client (clause 2 of article 854 of the Civil Code of the Russian Federation).
It should be noted that it is beneficial for the bank to establish the right to direct debiting of money for the prompt receipt of money due to it to pay off the client's debts, given that the money coming to the client's account is actually under the direct control of the bank, which has all the information about them.
In general, the non-acceptance procedure can be included in the bank account agreement, in an additional agreement to it, or in a separate agreement between the bank and the client and the creditor of the latter. Agreeing with the client on an unacceptable procedure for debiting money from his account gives the bank the right not to request the client's consent, since it is already considered received. Money is debited on the basis of a bank order drawn up by the bank (clause 9.3 of the Regulation of the Central Bank of the Russian Federation of June 19, 2012 No. 383-P "On the rules for the transfer of funds" (hereinafter - Regulation No. 383-P)).
But in this case, it should be noted that consumers are the economically weaker side of the bank account agreement and, in this regard, enjoy increased protection from the state. Any restrictions on the rights of consumers can be interpreted as infringing on their rights and as a result being invalid on the basis of Art. 16 of the Law of 07.02.1992 N 2300-1 "On the Protection of Consumer Rights", since their situation cannot be worsened in comparison with the way it is determined by the current legislation of the Russian Federation.
So, for example, the inclusion in a loan agreement of a condition on a pre-given acceptance for debiting funds from the borrower's accounts, without specifying specific accounts from which such debiting can be carried out by the bank, is a condition that infringes on the rights of the consumer. In a loan agreement with a borrower-consumer, the bank is not entitled to provide for a condition on a pre-given acceptance for debiting any sums of money (principal debt, interest, penalty, losses, etc.) from any accounts of the borrower opened with this bank, since the law does not provide for such a possibility . Claims for the recovery of forfeit and damages are generally uncontroversial, their satisfaction may be denied in whole or in part, therefore, in principle, the non-acceptance procedure cannot be extended to them. In addition to invalidating the provision of the agreement on the direct debiting of money from consumer accounts and depriving it of legal force, the bank can also be held administratively liable for the fact of its inclusion in the agreement under Part 2 of Art. 14.8 of the RF Code of Administrative Offenses.
Thus, a non-acceptance procedure in relations with consumers can be established by a bank with a clear indication of the accounts from which the debit will be made. The Bank is not entitled to write off without acceptance from any accounts of its borrowers - consumers the funds due to it, since it is not entitled to dispose of them without its consent, prior acceptance is possible only in relation to strictly defined bank accounts, which are directly indicated in the conditions of direct debit, brought to the attention of the borrower and accepted by him by signing the relevant documents (agreement, supplementary agreement, application for joining the general conditions of banking services). The wording “withdrawal from any bank accounts of the borrower, including those that will be opened to him in the future” does not comply with the law and the criteria for a pre-given acceptance.
This is due to the fact that the client's order, as the basis for debiting funds, must be specific and contain his clear will on the need to transfer a certain amount to a specific recipient. This acceptance in advance has the character of a client's order in the event that it is clear how much, to whom and from which account (s) is to be transferred, since this right is the right of the client and can be exercised by him at his own will and in his own interest.
In addition, the bank is also not entitled to write off funds without acceptance from the client's account for the debts of his spouse (the company he created), if the client did not give any guarantees in favor of the bank and there is no evidence that the specified debt can be attributed to the general obligations of the spouses in accordance with the Family Code of the Russian Federation. However, the bank has the right to provide for this condition in the client's bank account agreement, which will give it the right to write off funds from the client's accounts without acceptance (Article 421 of the Civil Code of the Russian Federation).
There are cases when, in accordance with the law, a bank must debit funds from its client's account in an unacceptable (indisputable) manner without obtaining appropriate consent:
The most common case of direct debiting of money from a client's account is debiting based on writ of execution or other executive document that is mandatory for the bank (court order, notarized agreements on the payment of alimony or their notarized copies, certificates issued by labor dispute commissions, and other documents specified in paragraph 1 of article 12 Federal Law No. 229-FZ dated 02.10.2007"On Enforcement Proceedings").
Reading 10 min. Views 735 Published on 10/13/2018
The term "acceptance" is widely used in financial sector. Ordinary people encounter this term when applying for a loan. The mark "accepted" can lead a citizen to bewilderment. Below we will consider the question of what acceptance is, and also talk about the rules for using this concept in various fields.
In fact, acceptance (eng. Accept - agree, accept) is the consent of the recipient of the document to pay or be responsible for timely payment for this document
The term in question is often used in the field of entrepreneurship. In the event that one of the parties to the contractual relationship agrees with the original terms of the contract, this means that the agreement has been accepted. It is important to note that the second participant does not make additions to the signed document. talking plain language, acceptance is a kind of agreement with the terms of the transaction.
According to experts, not only contracts, but also other types of documents are subject to acceptance.
As a rule, this tool is used in situations where the parties to the transaction cannot hold a personal meeting. In this situation, one of the parties sends a copy of the contract to the other. Upon agreement with the terms of the transaction, the company sends an acceptance confirming the conclusion of the transaction. It is important to note that the current laws provide a list of restrictions on the use of acceptances:
It is important to note that the meaning of the term in question may vary depending on the scope of its use. The concept of "acceptance" can mean:
Fulfillment of contractual obligations for personal reasons of one of the participants in the transaction. Summarizing all of the above, we can conclude that acceptance is agreement with certain conditions. Also in the financial sector, the phrase “payment without acceptance” is often used. This term must be understood as the forced withdrawal of money from the account of a person who has a debt to the second party. It is important to note that this right is granted only to representatives of state institutions.
As we said above, the use of acceptance is advisable in cases where the participants in contractual legal relations cannot conduct personal negotiations in order to sign a contract. The party issuing the acceptance agrees to all the terms of the contract, depriving itself of the opportunity to make adjustments to the concluded agreement.
In addition, acceptance can be considered as conclusive actions within the framework of a public offer. Often, this term is considered as the use of the services of a participant in legal relations acting as an obligated party.
Acceptance is a procedure for considering the main conditions of a financial, payment or other document and making a decision on payment Acceptance is a standard procedure during which payment orders and other acts of a financial nature are considered. Upon completion of the consideration of documents, the participant in the transaction must make decisions on payment and maturity of financial obligations. Consent to the terms of the contract is confirmed by a personal seal, a signature marked "acceptance" or a digital signature.
According to current laws, the issuance of acceptance implies full and unconditional agreement with the requirements of the second participant. This means that the party using this tool cannot fulfill only part of the points set out in the contract. The Civil Code contains complete information on the timing of the fulfillment of obligations, according to the issued acceptance.
In order to agree to the payment of financial obligations on the basis of a bill, the party acting as a debtor must put his signature on this document. The need to confirm agreement with the payment of debt arises only when using bills of exchange. Here it is necessary to highlight the fact that the date of acceptance of the bill is the day on which the debtor put his signature on the document. In the case of a promissory note, there is no need to make a mark, since the countdown of the debt repayment period begins from the day the paper is received.
It is necessary to confirm agreement with the terms of the bill of exchange only in those cases when the party that issued this document indicated the clause on the issuance of acceptance. Payment on bills of exchange is carried out within a certain time period from the moment the document is presented.
Above, we have already said that the instrument in question is often used in banking practice. In this area, "acceptance" means the consent of the bank to issue financial resources as a loan. Before giving permission for a loan, employees banking organization scrutinize credit history client.
As an example of how this tool works, consider a small practical example. An entrepreneur who is a client of the bank wants to pay according to the agreement. The funds must be credited to the account of the counterparty within a certain period. However, the entrepreneur himself does not have enough financial resources. In this case, the entrepreneur may ask the bank to make a transfer in the name of the counterparty. Bank employees, after analyzing the credit history of their client, make a decision on this issue. Next, the bank waits for the moment when new funds arrive in the account of its depositor in order to deduct the amount spent.
It should be noted that in banking practice such terms as prior and subsequent consent are used. Credit organisation, which received payment order, must receive confirmation from the payer. After obtaining consent, the funds intended for payment are frozen for three days. This period is allotted so that the payer can change his mind and refuse to transfer funds. In the absence of a withdrawal of funds after the expiration of the above period, the bank conducts the transaction.
Acceptance may be conveyed to the sender of the document by means of electronic signature, inscriptions on a document or other means of communication Acceptance with the terms of a public offer should be understood as confirmation of consent to the execution of a contract in accordance with the conditions fixed in the document. As a rule, a public offer consists of several large sections, including many different items. The second party to the transaction may need a long time period to study all the conditions proposed by the counterparty. It should be noted here that receiving a notification with notes on the meaning of some points and questions about the terms of the agreement cannot be considered as formal consent to the conclusion of the contract.
According to lawyers, it is unacceptable to conclude contracts upon receipt of notifications containing not only an acceptance, but also comments on various sections of a public offer. This nuance must be taken into account before starting to fulfill obligations under a contract where there is no signature of the second participant. Before starting work, it is recommended to settle all legal subtleties and make appropriate adjustments to the contract.
The term "accepted account" implies the consent of the second party with the requirements of the participant in the contractual legal relationship that drew up the payment order. This mark confirms agreement with both the amount of the invoice and the deadlines for the execution of the object of the contract. Receiving such a confirmation means a quick transfer of funds to the account of the sender of the goods or the organization providing the service. It should be noted here that obtaining consent with a payment order cannot be regarded as a fact that payment will occur. ahead of schedule specified in the contract.
Acceptance of the invoice should be considered as a preliminary agreement on the amount and terms of payment. In the event that the participant who accepted the payment order disagrees with its content, he may demand that his counterparty make adjustments. Also, this participant has legal grounds for refusing to pay. In the event of an acceptance, this company undertakes to make payment within the terms specified in the payment order.
Entrepreneurs who apply in their practice various acts requiring acceptance must use certain methods accounting. After the conclusion of the contract, the participant in the transaction, acting as the seller, sends the goods or provides the service. After that, this party forms a payment order, which is sent by mail or handed over personally.
It takes five business days to issue an invoice. Acceptance confirming agreement with the total amount, payable and the maturity of the debt, is fixed in the payment order or sent as a separate notification. Receipt of such a document is an official confirmation that all clauses of the contract will be executed on time.
According to Russian legislation, acceptance is complete (it is impossible to accept part of the obligation) and unconditional (unconditional) The term "letter of credit" is used in relation to those contracts where, in addition to the main participants in the agreement, there is a third party. As a rule, the bank acts as an intermediary. The participant in the transaction, acting as the seller, is obliged to send the goods or perform work in accordance with all the requirements of the contract. The customer of the goods or services undertakes to transfer the payment in a timely manner. In such legal relations, the bank acts as a guarantor that monitors the fulfillment of the obligations of each of the participants in the transaction. Most often, such transactions are carried out at the conclusion of international contracts.
Acceptance is often used in the execution of contracts involving the participation of the bank. In most cases, an acceptance is used in conjunction with a bill of exchange. The use of letters of credit allows:
Based on the foregoing, we can conclude that the acceptance of a bill of exchange under a letter of credit must be considered as confirmation of the acceptance of all the terms of the contract that was concluded with the help of this document. At the time of using the acceptance, all financial obligations are transferred to the third party of legal relations.
Accept - what does it mean? As we said above, this mark indicates the acceptance of all obligations, according to the scope of the contract. However, there are situations in which it is almost impossible to specify specific deadlines for the fulfillment of obligations. As a rule, each entrepreneur independently sets the deadlines necessary for a comprehensive study of the documents received.
Also, experts recommend taking into account the specifics of commercial legal relations. In the absence of specific deadlines for making a decision, the entrepreneur needs to contact the counterparty in order to agree on the length of the time period allotted for making the final decision. It is important to note that an acceptance received after the expiration of this period, can be considered as an agreement to the terms of the contract.
As we noted earlier, in banking concepts such as "preliminary" and "subsequent" confirmation are used. Prior consent means that the payer gives the bank permission to transfer funds to its counterparty. It should be noted here that the absence of a refusal within three days makes the payment accepted. It should also highlight the fact that the day on which it was received settlement document bank does not count. The transaction itself is carried out within the next day after the expiration of the period allotted for the cancellation of the operation. If the bank received the payment order on Monday, then the transaction itself will be carried out only on Friday.
"Subsequent confirmations" allows the bank to pay payments at the time they are received. In this case, the payer is also entitled to write a refusal to pay within the above period.
