Specific contracts include the assignment agreement. It is also called a contract. assignment of claims. Mostly its subject is the assignment of foreclosure.
The assignment agreement, the model of which will be considered below, is required by the parties for legal confirmation of the transfer of the right to debt collection.
The specifics of the subject and object of the contract of assignment of the right of claim
Like any contract, the assignment agreement, a sample of which is illustrated in the corresponding image, has its own object, subject and price information.
The object is a replacement in the respective obligation of the creditor, that is, there is a waiver of the right to recover from a certain debtor by the original lender in favor of another credit party.
The subject is either subjective binding law or the right of demand. Due to the fact that the law does not spell out clearly established price criteria for this contract, it may be chargeable or gratuitous.
Who are the counterparties to the above contract? What documents supplement it?
The parties to the transaction in question are the assignor, who acts as a creditor, assigning the right of collection, and the assignee, or rather, the lender, who receives the right of claim under this contract.
The current contract may be supplemented by various documents of the appropriate purpose. They are formed in order to resolve disputed issues and can be grouped into a list consisting of: protocols of disagreement on issues and coordination of disagreements, acts of transmission and acceptance of relevant documents, additional agreement.
What form does the assignment agreement have? Sample and form of this contract
By law, the transaction in question is executed in the prescribed form, in particular written, if it is based on an agreement submitted in writing or notarial form.
There is a note in which the subject of a contract of a completed transaction may require state registration. Then it must go through in accordance with the procedure established for this procedure, but only in the absence of other conditions under the Civil Code of the Russian Federation.
The images show the form of a contract for the assignment of a claim, in particular a cession agreement between legal entities, and a sample of filling out this document using an example of a transaction between citizens.
An example of filling out a contract for assignment of a claim
Filling out the contract in question, for example between civilians, begins by indicating its number immediately after the name of the document. Next is the filling in of information at the place of detention, which is reflected at the very beginning of the line. At the end of the same line is the date of contract signing.
This is followed by data on the surname, name and patronymic of the assignor. Fields for the assignee are filled in the same way. In the first paragraph, the essence of the requirement is deciphered, the full name of the debtor and the specific amount of debt are necessarily prescribed.
In the second section, it is worth disclosing the list of documents that the assignor must provide to the assignee, and it is also necessary to indicate the date of notification of the person who is the debtor about the transfer of the right to recovery.
The following paragraph is recommended to fill out information on dates or events from the moment of which the contract becomes lawful. This section may be supplemented by the termination of the contract.
The following is a way to resolve disputes.If the possibility of going to court is indicated, then its name is required. Then follows the clause, including other conditions. There may be additional comments, binding or, conversely, relieving the responsibility of counterparties. The number of copies and their degree of legitimacy are also reflected.
The final section contains the addresses and details of the counterparties, which must include: last names, first names, patronymic of the assignor and the assignee, located opposite each other, passport data, relevant addresses at the place of residence and contact information. In order for the contract to become lawful, it must be endorsed by counterparties and include a transcript of the signature.
Each section may be supplemented at the discretion of the parties, but only in accordance with the law. Depending on the terms of the transaction, the items may be changed or supplemented by appropriate comments in the manner prescribed by law.
The accounting aspect accompanying the assignment agreement. Assignor transactions
As with all operations, accounting is required for the current contract. The nuance in this case will be the reflection of the exercise of property rights by the assignor, for which this operation is not a traditional type of activity.
Some features impose a cession agreement. Postings of the assigning company have the following sequence:
- The products are shipped with the participation of the debit of account 62 and the credit of account 90.
- The VAT is calculated by debit of account 90 and credit of account 76.
- The cost of shipped products is written off using the debit of account 90 and the credit of accounts 43, or 41, or 44.
- Profit or loss from the sale of goods is reflected through the debit of account 90 and the credit of account 99.
- Debt collection assignment is displayed bills 76 and credit score 91.
- The cost of the right of claim is deducted using the debit of account 91 and the credit of account 62.
- The VAT is calculated on the positive result obtained in the course of the assignment of the right of collection, with the participation of the debit of account 91 and the credit of account 76.
- The profit or loss from the assignment of the right of claim is reflected by debit of accounts 99 or 91 and credit of accounts 91 or 99.
- VAT is charged that is used to pay off the budgetary payments of the initial transaction using the debit of account 76 and the credit of account 68.
- The assignee's money is transferred to the settlement account with the participation of the debit of account 51 and the credit of account 76.
- Accrued VAT on a positive result, subsequently allocated to budget payments, through debit of account 76 and credit of account 68.
Specificity of accounting by the counterparty - assignee
The transactions of the new creditor are also reflected in the reports, the justification of which is the assignment agreement. The transactions with the assignee are recorded in the following order:
- The assignment of the right of claim is carried out with the participation of the debit of account 58 and the credit of account 76.
- Reflects the costs of the acquisition of the right of collection through the debit of account 58 and the credit of account 76.
- The fact of repayment by the corresponding debtor using the debit of account 51 and the credit of account 91 is displayed.
- The right of claim is written off with the participation of the debit of account 91 and the credit of account 58.
- Accrued VAT on a positive result by debit of account 91 and credit of account 68.
- Profit or loss is recorded using the debit of accounts 91 or 99 and the credit of accounts 99 or 91.
What is the receivable expressed in the reports of the assignee?
Given the assignment agreement, the accounting entries from the assignee reflect receivables according to the requirements of RAS, in particular 19/02 - as financial investments in the actual amount of the cost of acquiring the right of claim.
How to display the payments of the person making the compensation in the report?
Given the assignment agreement, the debtor's transactions show the operations to pay off the debt to the assignor and are formed by debit of account 76 and credit of accounts 51 or 50.
Earlier, on the corresponding date of sighting of this contract, a posting was generated in the account reflecting the receipt of the right to recover from the transaction with the participation of the debit of account 58 and the credit of account 76.
The credit of account 58 displays the write-off of the right to recover if the debtor repays his respective obligations. Other expenses include the valuation of the subject of the contract, which includes acquisition costs. The amount received from the debtor is included in other income in accordance with paragraph 7 of PBU 9/99 “Income of the organization”, which was approved by Order of the Ministry of Finance of Russia dated 6.05.1999 No. 32n.
Is it possible to conclude the transaction in question if one side is a commercial structure and the other is an individual?
A cession agreement between a legal entity and an individual, the sample of which is identical to the previously presented corresponding contract between firms or citizens, may be either onerous or gratuitous. The existing possibility of making a transaction on a gratuitous basis, in which an individual transfers a debt and accepts a legal one, is permissible due to the fact that citizens do not act as entrepreneurs and cannot be equated with a commercial person.
What is a contract for assignment of a claim to?
The assignment agreement, the sample and the filling form of which is considered above, is a kind of guarantee of a refund for the lender. As a rule, the original lender sells the debt with a certain loss. The reason for this is the understanding by the firm or citizen of the fact that there is a possibility of non-collection of debt or that the return of the debt will be fraught with significant costs.
Consequently, it is more profitable for a company or an individual to minimize future costs by transferring the right to foreclosure at a loss. The nuance of all this is the need to prove to the tax inspectorate the economic feasibility of unprofitable sales, if it is a commercial structure in the role of a creditor.
Download model assignment agreement
Download assignment agreement for a loan agreement
Download sample assignment contract form
