Certificate of destruction of documents with expired storage period

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Document type: Act

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ACT of acceptance of affairs of the city ____________ “___”________ 20___ This act was drawn up by the former _________________________________ (position, surname, first name, ___________________ _________________________________________________ patronymic) (name of the enterprise) and the newly appointed chief _________________________________ (position, surname, first name, patronymic) in that on the basis of order No. ____ from “___”___________ 20___ they carried out the delivery and acceptance of cases as of “___”_______ 20___. The delivery and acceptance was carried out in the presence of ______________________ _____________________________________________. (position, surname, first name, patronymic) As a result of the delivery and acceptance of cases, it was established that: 1. The general ledger is completely filled out as of “___”___________ 20___. The synthetic accounting data fully corresponds to the corresponding positions of analytical accounting. 2. Analytical accounting cards for accounts 01, 10, 70 were presented. 3. Order journals for January-September of the current year, analytical accounting sheets for accounts 60, 61, 63, 64, 65, 67, 68, 69, 71 were presented. 75, 76, 78, 79 and Depositor Accounting Book. 4. Acts of sudden audit for the I, II and III quarters of 20___ were presented. 5. The conclusion of an independent audit of the enterprise’s annual reports for 20___ and 20___ was submitted. 6. The archive for 20___ - 20___ was transferred. in the number of _____________ (_____________________) cases according to the inventory. 7. Reference and normative literature was submitted according to the inventory. Appendix: 1. Inventory of the archives of the enterprise. 2. A two-page inventory of reference and normative literature. Handed over the cases __________________ (signature) Accepted the cases __________________ (signature) At the delivery and acceptance of the cases the following were present: _____________________ ________________ (position) (signature)

Download the document “Certificate of Acceptance of Cases (Example)”

What it is

In order to competently put a completed object into operation after construction, major repairs, or the conclusion of a lease agreement, a special document is drawn up - a commission act.

Discussion of the intricacies of the document
It is important to take into account that regardless of the work performed, the report displays information about the condition of the object upon its transfer and options for correcting defects that may be found during the inspection process. The document can be drawn up in relation to any type of property: movable/immovable type.

In practice, the examination process occurs visually. However, if necessary, some parts of the object can be subjected to more thorough examination.

How to draw up a certificate of completed work

A unified version of the document is provided only for accepting the result of construction and installation work. This is form KS-2, the form of which can be downloaded here. In all other cases, they use recommended templates or create their own, for example, based on the same KS-2.

The legislation does not establish mandatory requirements for the content of the act. In accordance with Part 4 of Art. 9 of the Law on Accounting No. 402-FZ, the forms of primary documents for which there are no unified options are approved by the head of the organization, and they are compiled by the employee responsible for maintaining accounting records. Forms for government agencies are prepared in accordance with budget legislation. Commercial organizations, in addition to independently developed forms, can use a universal transfer document, the template of which is recommended by the Federal Tax Service in a letter dated October 21, 2013 N ММВ-20-3/ [email protected]

What information should be in the act

When drawing up the act, it is advisable to take into account the requirements of the Accounting Law for primary documents. To confirm the fact of economic activity, it must indicate:

  • Date of preparation;
  • name of the organization issuing the act;
  • list of types and volumes of work;
  • price information in the form of a total amount and for each item separately;
  • positions and signatures of persons who are responsible for processing documents.

It is not necessary to put a stamp on the deed. According to Part 2 of Art. 9 of Law 402-FZ, a seal impression is not included in the list of details required for the primary document.

To eliminate controversial situations, the parties have the right to add additional information to the act.

  1. Details of the agreement on the basis of which it was drawn up. This is especially important if several contracts for work or services are concluded between the parties.
  2. Information about identified deficiencies. Usually the report indicates that the work was done efficiently and on time, and the customer has no complaints. Moreover, in accordance with paragraph 2 of Art. 720 of the Civil Code of the Russian Federation, the customer has the opportunity to point out flaws discovered during the acceptance of work. But if such a section is not provided for in the act (for example, the KS-2 form is used), then he will not have such an opportunity. In this case, it is better to refuse to sign, draw up a separate document listing the shortcomings and hand it over to the contractor. If the act is signed without comments, then the customer subsequently has no right to refer to defects that could have been identified during acceptance.

Signing procedure

As stated in paragraph 1 of Art. 720 of the Civil Code of the Russian Federation, the customer, in the presence of the contractor, inspects and accepts the result, and immediately signs the certificate of completion of the work. Under a service agreement, the document can be sent to the customer in advance by email or regular mail. In order to do this under a contract, you need to include such a condition in it. It is also necessary to determine:

  • the procedure for delivering the act to the customer (by mail, courier service, electronic message);
  • shipping address;
  • the period during which the customer is obliged to inspect the result and accept the work.

If the deed is delivered in a manner different from that specified in the contract, it will be considered improperly delivered.

As a general rule, the document is signed in paper form; this must be done by authorized employees of the customer and the contractor in person. Facsimile certification of the act is allowed only if it is provided for by the contract.

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Who is compiling

The document is drawn up by a specially selected commission. It must be independent of each party involved in the process. The initial task of the performer is to organize a commission, the composition of which cannot be less than two people.

First of all, each participant must have sufficient professional qualifications to perform their role at the proper level. As a rule, these are specialists who are professionally engaged in this type of activity.

Some participants, in order to avoid serious violations, try to resort to the services of independent companies that will perform all the work at the proper level. Information about each member of the commission must be recorded when drawing up the document.

If there are no documents in the postal item

For this case, there are approved samples in the documentation sets of various departments. For example, enterprises of the Federal Property Management Agency use form 51-d on the detection of damage, missing materials in a postal item, approved by Order of the Federal Property Management Agency dated June 22, 2009 No. 178 “On approval of the Instructions for office work in the Federal Agency for State Property Management.” And the enterprises of the Ministry of Industry and Trade - the sample given in Appendix 20 to the Order of the Ministry of Industry and Trade of Russia dated October 28, 2014 No. 2160.

Thus, a report on the absence of documents in a postal item is a form drawn up by an organization or government agency when correspondence is received not in its entirety as specified in the accompanying note.

Commission inspection report

Upon completion of construction or repair work, a selection committee gathers to inspect the facility: identify violations in accordance with GOST, the presence of errors that need to be corrected. The document is necessary to confirm the fact of the inspection carried out for the purpose of safe use of the facility in the future.

It is important to take into account that the document reflects not only the fact of the event, but also violations, if they are present and subject to immediate correction. The start and end dates of the event must be recorded.

When are acts required?

If, upon opening the correspondence, it turns out that it does not contain the required number of pages, attachments or attachments, a report on the absence of documents in the postal item must be drawn up. If there are attachments and attachments, but not those indicated in the correspondence, a report is drawn up stating that there are no attachments or attachments in the letter. Otherwise, it is more difficult to prove the non-receipt of the forms, evidence, etc. specified in the letters. d.

In the company: if the loss was discovered during the transfer of cases or there are not enough documents in the personal file

In this case, the appropriate form must indicate what is missing in the personal file, a commission is created or a responsible person is appointed to certify this fact. When transferring cases, an appropriate note is made with the obligatory signature of the persons involved. Management must be notified immediately of any loss or shortage. When choosing details, you should be guided by officially approved instructions from government agencies. An organization has the right to develop its own certification procedure. Signatures and dates are required.

When opening a mail item with an inventory, including in court

The judicial authorities have special instructions on record keeping, for example, approved by Order of the Supreme Arbitration Court of the Russian Federation No. 7 dated March 26, 1996 (for arbitration courts) or Order of the Judicial Department under the Supreme Court of the Russian Federation dated April 17, 2017 No. 7 (for district courts). If an act of absence of documents was drawn up in court, it indicates the responsible employee, missing pages, attachments, attachments, outgoing number and date of receipt of correspondence.

A sample has also been developed for notaries. It is an annex to the Rules of Notarial Office Work, approved by Order of the Ministry of Justice of Russia dated April 16, 2014 No. 78. The details indicated in it are almost identical to those used by the judicial authorities. In these cases, a commission is not convened; a specific employee handles the registration. Participants in the trial are not specifically notified about this. But if an error is detected, they independently send a response about the absence of an attachment, application, or materials.

Acceptance certificate

Drawed up when transferring the subject of the contract to the customer. This can be not only a construction project, but also funds, rent of premises, transfer of special equipment for use. The main purpose of the document is to record the transfer of movable/immovable property for use or further possession, depending on the specifics.

It also provides information about the current state of the subject of the contract so that disputes do not arise in the future. The document displays the following information:

  1. Full title of the document without abbreviation.
  2. The date when the deed was formed and the place of signing.
  3. If the goods are transferred for use, then a complete list and the final amount.
  4. Legal information about each party and bank details for transferring funds.
  5. On what basis is the transfer of goods and other objects specified in the contract carried out?
  6. Visas and stamps of each enterprise.

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Compilation rules

The deed is an official legal document, so its correct drafting is a prerequisite. Regardless of the type of document, it must comply with the following aspects:

  1. Formation takes place through a specially convened commission. It must be at least 2 people. It is collected in advance for such an occasion, or in the event of a violation of the recorded norms. The commission can be temporary (the composition of participants changes) or permanent at the discretion of both parties. The act must be endorsed by each member of the commission.
  2. There is a special form developed in accordance with which the act is drawn up. It is recommended to compile it on the official letterhead of the enterprise, if available.
  3. Displays the date when the document was compiled. If additional research and verification is necessary, all event dates are also displayed in documentary form.
  4. The first part of the document necessarily records the basis for its preparation.
  5. The names of the composition of the commission involved in the adoption and drafting of the act.
  6. The main part is detailed and should contain a list of all activities carried out and an interim result in the form of an indication of the state in which the object is located today.
  7. The final part consists of final conclusions on the fact of the verification activities carried out, summing up the results formed by the commission.
  8. All conclusions can be presented in the form of tables, lists and other graphic formats.
  9. The number of copies must be made in accordance with the number of parties involved. An additional condition may be specified in the concluded agreement.
  10. Each party must familiarize itself with the contents of the agreement and act in order to avoid subsequent claims and proceedings.
  11. The act must be endorsed on each side, which will serve as proof of familiarization with the document.
  12. Finally, the document is sealed with the seal of the executing organization.

It is important to take into account that after signing the document, in the event of claims and legal proceedings, the act can act as documentary evidence of the correctness of one of the parties.

Document destruction procedure

The procedure for destroying documents with a past storage period includes several stages:

  • Responsible officials determine whether there is documentation in the company's archives that has expired.
  • The manager issues an order for the approval of an expert commission, including representatives of different departments of the organization (accounting, human resources department, etc.). Its task is to determine the value of documents and document this procedure. At the same time, shelf life is not a key selection parameter, since sometimes papers with an expired shelf life can still be useful in work.
  • An act on the allocation of documents for destruction is drawn up.
  • Direct disposal of documents is carried out and another act is drawn up - on the destruction of documentation.

There is no clear requirement in the law as to how documentation should be destroyed. You can entrust the destruction of papers to the organization’s employees (for example, by shredding them with a paper shredder) or contact a special company for this. It is prohibited to throw such documents into common trash bins and containers.

Sample

In practice, drawing up the act is the prerogative of the contractor and is sent to the customer for verification and mutual signing. The document must record the entire list of work performed and the final cost. Compilation in any form is allowed if installation work has not been completed. It should display the following information:

  1. Full title of the document without abbreviations.
  2. The number assigned and when it was created.
  3. Definition of the document serving as the basis for drawing up (agreement and its number).
  4. List of completed works.
  5. Full price including VAT.
  6. Bank details of each party.
  7. Visas and stamps of both companies.

It is recommended to pay attention to the drafted contract. Sometimes one of the parties prescribes the drawing up of an act as a prerequisite for concluding a transaction.

To draw up a document without errors, it is recommended to pay attention to the completed form as an example. It can be downloaded below.

Drawing up a commission act is a prerequisite for proper completion of the work. It confirms the absence of mutual claims among the participants, the correctness of the facility’s acceptance into operation, and records shortcomings that need to be corrected.

Some companies or customers include in the contract as a mandatory requirement the conclusion of an acceptance or delivery certificate that displays complete information about the work done, as well as the occurrence of other claims against the contractor.

Signing the document means an agreement and the absence of claims on any side. In the event of a trial, the document can be used as evidence that one of the participants is right.

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Reasons for drawing up

Based on the norms of current Russian legislation, the acceptance certificate is a confirmation of the fulfillment of obligations under the agreement. The basis for its preparation is the end of the relationship, the fulfillment, in whole or in part, of the conditions specified in the contract. This document also records deviations from the prescribed procedure. But in accordance with Art. 720 of the Civil Code of the Russian Federation, the customer does not have the right to refer to improper fulfillment of obligations if the defects in the result of the contract are not indicated in the acceptance document, or it does not indicate that the customer has the right to present defects in the future (for example, when hidden defects are discovered).

The provisions of the Civil Code do not establish the obligation to draw up such a document, but it is often used in practice. The form of the annex to the agreement is developed by the parties themselves. The deed is often an annex to a contract, which, by virtue of the parties signing the annex, becomes binding on them. In some cases, an act of performed services is drawn up without a written contract. For example, to confirm the execution of a transaction concluded orally.

The meaning of the act of acceptance and transfer of services

The main purpose of the act of provision of services is to confirm the full fulfillment of obligations under the contract and the absence of disagreements between the contractor and the customer. The document is signed by both parties and serves as confirmation that the customer has no claims regarding the quality of the services provided. The act is no less important for accounting purposes, since it is the basis for recording relevant transactions and making final settlements between the parties.

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

The certificate of provision of services can be used not only in business relations, since in the event of claims regarding the quality of the provision of services, all their shortcomings are recorded in the certificate. Subsequently, if the dispute comes to trial, such an act can serve as evidence in court. In this case, the act signed without comments will be evidence of fulfillment of obligations in full (for example, in disputes over late payment).

The content and procedure for concluding a service agreement are regulated by regulations and judicial practice (our other article will help you become familiar with the rules for drafting). With the act to the contract, the situation is somewhat more complicated, since its preparation is not directly provided for by the Civil Code of the Russian Federation. However, if there is no act, the courts may recognize the fact of provision of services as unproven. An example of such a decision is the resolution of the Federal Antimonopoly Service of the Moscow District dated March 2, 2010 No. KG-A41/14892-09 in case No. A41-9361/09.

Rules for drawing up an act for a service agreement

The practice of contractual relations has developed certain requirements for the content of this document, the fulfillment of which allows it to serve as confirmation of the fulfillment of obligations. The act as a primary accounting document must contain the details established by Art. 9 of the Law “On Accounting” dated December 6, 2011 No. 402-FZ:

  • details of the service agreement (number, date of preparation);
  • place and date of drawing up the act;
  • information about the parties (name, representatives, grounds of representation);
  • an indication that the services were provided by the contractor and received by the customer;
  • list of services (including basic and auxiliary services);
  • the volume of services provided (can be calculated in hours, days, number of documents drawn up, and so on);
  • the cost of each service excluding VAT;
  • VAT amount for each service;
  • the cost of each service including VAT;
  • the total cost of all services including and excluding VAT;
  • signatures of the parties and seals (if a legal entity or individual entrepreneur works with a seal).

A sample act for a service contract, during the development of which all the necessary requirements were taken into account, will help you understand what a well-drafted document looks like.

If any information was missing in the initial act signed by the contractor and the customer, the parties can draw up a new document. If an act drawn up with errors has already been taken into account, an additional one can be concluded containing the missing information.

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