Return of erroneously transferred funds: advice from an accountant

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Published: 09/07/2018

Reading time: 5 min

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In accordance with Law No. 14 of January 26, 1996 of the Civil Code of the Russian Federation, Article No. 1102 “Obligation to return unjust enrichment,” the recipient is obliged to return erroneously transferred funds, except for the cases specified in Article No. 1109 of the same law.

How to return erroneously transferred funds What urgent actions need to be taken
Voluntary return
Refund through court

Refund deadlines

Recipient's responsibility for non-refund

But at the same time, the transferred funds are no longer considered the property of the sender, therefore, in accordance with Law No. 395-1 of December 2, 1990 “On Banks and Banking Activities,” returning them, with the exception of a peace agreement, is possible only through the court.

Legal regulation

When making payments, an organization may allow an overpayment due to:

inattentiveness of employees filling out documents;
unreliability of information from the accounting service about the amount of payment.

Transfer of excess funds can be carried out:

employee of the organization;
to the counterparty;
government agencies (treasury, tax service, inspectorate, etc.).

The obligation of a person who unreasonably receives any property from another entity to return it is provided for in Article 1102 of the Civil Code of the Russian Federation. When an organization transfers excess funds, the person who receives such amounts receives an illegal material benefit.

Even if funds in excess of the norm are transferred by the organization independently, the receipt of such a benefit by another entity is unreasonable and on the basis of Art. 309 of the Civil Code of the Russian Federation creates an obligation to return overpaid amounts.

Unilateral refusal to fulfill obligations and unilateral changes in its conditions under current legislation are not allowed, regardless of who receives these sums of money. Therefore, when an error is identified, the affected company may resort to various methods to protect its interests. And first, on behalf of the organization, a notice must be sent to the enriched entity.

What the law says

According to the legislation of the Russian Federation, transferred funds are considered the property of the person into whose account they “fell”. Therefore, you can return your funds based on the Federal Law “On Banks and Banking Activities” No. 395-1 of December 2, 1990 and only by court decision.

On the other hand, based on Art. 1102 (and the exceptions specified in Article 1109) of the Civil Code of the Russian Federation, a citizen who received funds without legal grounds is obliged to return them. And when using them, there is also interest for using someone else’s funds.

Important! There are no limits or restrictions on the return of erroneously transferred funds. It must be remembered that it is only possible if the operation is not carried out by an operator. If the amount is already in someone else’s account, then it is impossible to return your money without the owner’s consent (it will be difficult). Let's figure it out.

The only possible legal ways to return erroneously transferred payments are:

quick cancellation of transfer;
on a voluntary basis;
through a court decision.

Document structure

A letter (notice or notification) about excessively transferred funds is drawn up in any form. The legislation of the Russian Federation does not determine the structure of this document. However, in order for the unjustly enriched person to be provided with the most complete information, the text of the letter should indicate:

business name of the company sending the letter;
outgoing document number and date of its preparation;
full name of the addressee (name of the enterprise, address, full name of the manager);
address to the manager (for example, “Dear Pyotr Petrovich!”);
actual data (date, time of transfer of funds, payment order number, amount, how much it exceeds the required payments);
reasons for the overpayment (calculator error, late submission of information to a specialist, etc.);
a request to return amounts paid in excess of the norm;
the exact amount of funds to be refunded;
bank details to make a refund;
initials and position of the person signing the document.

The letter can indicate legislative acts that establish obligations to return unjustifiably received amounts, as well as notify the counterparty of the negative consequences that will result from ignoring the request for a return.

The return notice may be signed:

the head of the organization or his deputy (subject to confirmation of his authority);
chief accountant;
by any employee of the enterprise, provided that the signature is affixed with the official seal of the company.

To return funds, some organizations (banks, government settlement authorities) ask you to fill out an application using a special form. In this case, the sample or form is issued by the organization itself.

Documents confirming unjust enrichment can be attached to the letter requesting the return of funds, namely:

money orders;
bank account statements;
acts of reconciliation of mutual settlements.

What information should be in the letter

Full name of the sender or director of the company. If the company transferred funds, its name should be indicated.
Politely contact the recipient or company representative who received the erroneous transfer. Offer to voluntarily return the funds. Also warn that if the letter is refused or ignored, you will have to go to court.
Try to explain briefly, but clearly, how exactly the funds were transferred to the wrong account. Please inform that you are enclosing a check or other payment document with the letter to confirm such a transfer. The amount of the erroneous transfer will also be indicated here.
Although the recipient must return the money to the account from which the transfer was made, it is still recommended to indicate the details where the funds should be transferred.
At the end of the letter the date of completion and the signature of the sender are indicated.

Naturally, before you write a letter, you have to find out exactly where the money was transferred. This way you will not only know who to send the letter to, but also get acquainted with other information about the recipient. After all, the integrity of the recipient or the head of the company determines how quickly you will receive the money back.

This is important to know: What benefits can you get from the state in social security?

Compilation deadlines

The Civil Code of the Russian Federation does not contain any mention of the maximum time limit for sending an appeal with a demand for the return of unjustifiably received amounts of money. Based on the general statute of limitations, an application to a person who has unjustifiably enriched himself can be filed within three years from the moment the organization learned or should have learned about the excessive payments made.

However, it is considered in good faith to notify the counterparty within a reasonable time after identifying an accounting error. In civil law, this period usually does not exceed 7-10 days.

To whom is it sent and how is it transmitted?

A letter about excessively transferred funds must be sent to the manager, even if it is signed by an accountant or other specialist of the affected organization. No one other than the manager can give orders for the payment of funds to third parties. And it is better for the chief accountant not to take on such responsibility.

The person who has received unjust enrichment may not satisfy the request stated in the document. In this case, the organization sending the letter must take care of evidence that the addressee received the request. Therefore, it is better to send a refund notification:

through the office or reception of the head, provided that the second copy of the letter is affixed with a company stamp, date and signature of the employee who received the document;
according to the acceptance certificate, which will indicate the signature of the official who received the letter;
by a valuable letter with a description of the addition, if the counterparty refuses to independently accept the notice.

If the funds are not returned voluntarily by the counterparty, the refund of overpaid amounts must be made in court.

Refund of over-transferred funds

Excessive transfer of money to the sender of goods or provider of services, to the budget or transfer of excess wages to payment cards of employees may arise as a result of:

mechanical error of the accountant making the payment
errors by the bank employee making the transfer
failure by the supplier of goods and services to fulfill its obligations
incorrect calculation of wages or accountable amounts, admission of arithmetic or legal inaccuracies

In all cases, both participants in the transaction (the one who transferred the money in excess and the one who received it) are obliged to take measures to correct the mistake as soon as possible.

It is not uncommon for taxpayers of taxes and other budget payments to make transfers to incorrect budget accounts, codes, and other mandatory payment details. The relevant departmental regulatory documents also provide for a procedure for the mandatory return of funds to payers within the established time frame based on the applications they submit.

Another fairly common case of erroneous transfers is the settlements of citizens with utility services for accommodation, heat, water, garbage collection, and other services provided. The procedure for collection and the responsibility of the recipient when considering such facts in the courts is similar to the general procedure, which involves filing an application, claim, or lawsuit.

Errors

Among the possible errors encountered when drawing up a notice of overpaid amounts of money, it is worth highlighting:

incorrect filling of bank details for return;
absence of the official seal of the organization (if the letter is not written on company letterhead and signed not by the head, but by another official);
unreasonable demand (lack of data on payment and amount of overpayment).

If there are such errors, the refusal to refund will be lawful.

Recipient's responsibility

By a court decision, the recipient who has not returned illegally obtained funds within a reasonable time is obliged to return them to the payer with interest accrued for the entire period of untimely return according to the rules regulated by Article 395 of the Civil Code of the Russian Federation:

Interest is calculated based on the current key rate established by the Central Bank of Russia
If the payer proves in court other losses incurred as a result of untimely return of funds (for example, he was unable to pay a bank loan on time, for which the creditor imposed penalties), the illegal recipient, by court decision, is obliged to additionally compensate for these losses
The sender, if there is strong evidence, has an additional right to compensation for moral damages caused in connection with the illegal retention of excess funds by the buyer

When the courts consider cases of untimely return of money received by public utilities, the defendant is also additionally subject to a fine of up to half the amount of illegally retained financial resources.

Example. JSC Vityaz mistakenly transferred funds to LLC MAF in March of this year in the amount of 2 million rubles. On March 25, representatives of the joint-stock company sent an application to the head of MAF LLC for the return of excess money.

The LLC administration did not respond to the statement and claim sent on April 10, 2021. On May 12 of this year, the joint-stock company filed a lawsuit. On June 10, a court decision was made to recover 2 million rubles from MAF LLC for illegal enrichment, interest on the amount of illegal detention of other people’s funds, legal costs, and state duty.

Interest is calculated based on the key rate of the Central Bank of the Russian Federation for the period - 7.25% per annum. For example, MAF LLC fully transfers illegally received money on June 20, 2021. The period of delay - from April 2 (7 days from the date of receipt of the application) to June 20 is 79 calendar days. Interest for one day of delay is 2 million rubles x 7.25 / 365 days = 397.26 rubles, for the entire period of delay - 79 x 397.26 = 31,384 rubles.

In practice, the speed of return of erroneously transferred money largely depends on the integrity of the counterparty who received these funds. The trial in court can drag on for several months and does not fully compensate for the material and moral losses of the sender who made the mistake. Therefore, before sending money from accounts, you should strictly adhere to the internal control system established for all employees, for example:

Visual recheck of payment by another employee
If this is not possible, it is better for the sender to look at the payment again with a fresh look to see a random error

Self-control will allow you to get rid of unnecessary worries and save labor costs.

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