Letter requesting a refund, including money transferred erroneously

Return of unused funds

electoral fund. According to paragraph 11 of Art. 59 of the Federal Law “On Basic Guarantees. » After voting day, these entities are obliged to transfer unspent funds located in a special election account to citizens and legal entities who made donations or transfers to their election funds, in proportion to the invested funds. According to current legislation, the seller of goods or service provider is obliged to provide the buyer (customer) with a product (service, work) of the quality and range specified in the contract and allowing the product or the result of the services (work) provided to be used for its intended purpose.

Return of unused accountable amount and cash register

Answers to the most difficult questions regarding the use of online cash registers
09.30.2019Russian Tax Portal
The answer was prepared by:

Expert of the Legal Consulting Service GARANT

professional accountant Bashkirova Iraida

The answer has passed quality control

Do I need to punch a cash receipt:

• when issuing a loan to a third-party individual or employee of an enterprise (consumer loan or targeted loan for the purchase of an apartment (land));
• when returning unspent accountable amounts;
• when a loan is deducted from the salary (loans are provided for personal needs (purchase of apartments, cars, land, etc.));
• when paying to an individual under civil law contracts?

On this issue we take the following position:

When returning unspent accountable amounts and when paying money to an individual within the framework of obligations under a civil contract (for services rendered, work performed), the use of cash registers and the issuance of a cash receipt are not carried out.

In our opinion, CCT does not apply when issuing a loan to an individual for the purchase of goods, works, services from third parties (not from the lender), as well as when repaying such a loan (including through deduction from wages). However, given the ambiguity of the situation, we do not exclude in this case the emergence of claims from the tax authorities regarding the non-use of cash registers.

Justification for the position:

According to paragraph 1 of Art. 1.2 of the Federal Law of May 22, 2003 N 54-FZ “On the use of cash register equipment...” (hereinafter referred to as Law N 54-FZ), cash register equipment (hereinafter referred to as CCP) is used on the territory of the Russian Federation without fail by all organizations and individual entrepreneurs making payments by them, except for cases established by Law No. 54-FZ.

In accordance with Art. 1.1 of Law No. 54-FZ, calculations mean:

• acceptance (receipt) and payment of funds in cash and (or) by bank transfer for goods, work, services;
• accepting bets, interactive bets and paying out funds in the form of winnings when carrying out activities related to organizing and conducting gambling;
• acceptance of funds when selling lottery tickets, electronic lottery tickets, accepting lottery bets and paying out funds in the form of winnings when carrying out activities related to organizing and conducting lotteries;
• acceptance (receipt) and payment of funds in the form of advance payment and (or) advances, offset and return of advance payment and (or) advances;
• provision and repayment of loans to pay for goods, works, services (including pawnshops lending to citizens on the security of things belonging to citizens and activities for storing things) or providing or receiving other consideration for goods, works, services.

From a literal reading of this norm, it follows that cash register is used both when receiving and paying out funds.

Cases when CTT is not applied are named in Art. 2 of Law No. 54-FZ. Please note that the operations mentioned in the question are not specified in this norm.

1. First of all, we note that the acceptance of unspent accountable amounts (as well as the initial payment to the accountable account) from the organization’s employees does not correspond to the concept of calculations given in Art. 1.1 of Law No. 54-FZ. Therefore, when returning unspent accountable amounts, cash register is not used (see letters from the Ministry of Finance of Russia dated 02/08/2019 N 03-01-15/7892, dated 09/11/2018 N 03-01-15/65050).

2. When making payments under civil contracts, according to representatives of regulatory agencies, CCT also does not apply (see letters from the Ministry of Finance of Russia dated 03/06/2019 N 03-01-15/14624, dated 12/11/2018 N 03-01-15/ 89828, dated 10/26/2018 N 03-01-15/77192, dated 10/05/2018 N 03-01-15/71861, dated 09/11/2018 N 03-01-15/65009, dated 09/05/2018 N 03-01- 15/63531, dated 08/27/2018 N 03-01-15/60940, dated 08/01/2018 N 03-01-15/54311, Federal Tax Service of Russia dated 08/14/2018 N AS-4-20/15707, dated 08/10/2018 N AS-4-20/ [email protected] ).

This position is based on the fact that when an organization enters into a civil law agreement with an individual for work and services sold by him in favor of such organization and the subsequent payment of funds, the buyer (client) will be the organization itself. In turn, the user is formally an individual, but such, that is, the person using cash register systems for calculations, are, for the purposes of Law No. 54-FZ, exclusively organizations and individual entrepreneurs. Consequently, when an organization makes a payment of funds to an individual within the framework of obligations under a civil contract, the cash register is not applied and a cash receipt is not issued.

3. According to Art. 1.1 of Law N 54-FZ, settlements also mean the provision and repayment of loans to pay for goods, work, services (including the provision by pawnshops of lending to citizens on the security of things belonging to citizens and activities for storing things) or the provision or receipt of other counter provision for goods, work, services.

The letter of the Federal Tax Service of Russia dated October 25, 2018 N ED-3-20 / [email protected] explains that “for the purposes of Federal Law N 54-FZ, the provision of loans to pay for goods, work or services should be understood as the provision by an organization (individual entrepreneur) to the buyer (to the client) deferment or installment payment for goods, work or services.

Taking into account the above, the provision of a loan should be considered as a change in the deadline for fulfilling the obligation to provide funds as part of settlements (for example, under a purchase and sale agreement), namely: the transfer of funds by the buyer (client) to the seller later than receipt of the goods, and not at the time of such transfer, or as a change in the payment procedure, in which the latter is made not in the full amount of the settlement, but in parts.”

From this clarification it follows that the CCP is used when providing (repaying) a loan if the loan is a deferment (installment plan) to the buyer (client) for goods (work, services) purchased directly from the lending organization.

Similar explanations are posted on the Federal Tax Service website (see Question: What is the procedure for using cash register equipment by organizations and individual entrepreneurs when providing non-targeted loans to their employees and repaying such loans by employees, as well as when receiving interest on them? (official website of the Federal Tax Service of Russia, section “Often asked questions”, March 2021)).

From the example given in the letter of the Federal Tax Service of Russia dated 02/04/2019 N ED-4-20 / [email protected] we can also come to the conclusion that for the purposes of applying Law N 54-FZ, providing a loan to pay for goods means providing an installment plan ( deferment) for payment for goods. A similar conclusion follows from the letter of the Federal Tax Service of Russia dated February 20, 2019 N ED-4-20/ [email protected]

Consequently, from reading the provisions of Art. 1.1 of Law N 54-FZ and the above explanations, we can come to the conclusion that the cash register is used in cases of provision and repayment of a loan aimed at purchasing goods, works, services of the lender, and in the case of granting a loan for the purchase of goods, works, services from third parties When providing and repaying a loan issued to an individual (both a third party and an employee of the lending organization), the use of cash register is not required.

However, from other clarifications of the regulatory authorities, it follows that the CCT does not apply only when issuing (repaying) a loan not for the purpose of paying for goods, work, or services.

For example, in the letter of the Federal Tax Service of Russia dated September 18, 2018 N ED-4-20 / [email protected] it is stated that the legislation of the Russian Federation on the use of cash register equipment is assigned to the organization or individual entrepreneur directly providing the loan, as well as receiving funds to repay a loan. The Ministry of Finance of Russia, in letters dated October 31, 2018 N 03-01-15/78591 and dated December 4, 2018 N 03-01-15/87766, also explains that when providing and repaying loans to pay for goods, work, and services, cash register is used by the lender. At the same time, if the loan is not issued for the purpose of paying for goods (works, services), then the obligation to use the cash register does not arise for the lender.

Thus, if you follow these explanations in the case when a loan is issued to an individual in order to pay for goods (works, services), the cash register must be applied both at the time of issuance and at the time of repayment of the loan, regardless of the payment method (to a current account, in cash , by deduction from wages). Moreover, when repaying a loan by deducting from wages, in our opinion, a check can be issued at the time of payment of wages.

If the loan is issued for other purposes or without specifying a purpose, the CCT should not be used.

Thus, based on the above, we believe that the answer to the question about the use of cash register systems when issuing and repaying loans to individuals for the purchase of goods, works, and services from third parties (not from the lender) is ambiguous today.

At the same time, we adhere to the position that in such cases the use of CCP is not required.

To eliminate doubts, we recommend that organizations submit an official request to the Ministry of Finance of Russia as the body authorized to provide written explanations to tax authorities, organizations, individual entrepreneurs and individuals on the application of the legislation of the Russian Federation on the use of cash register equipment (clause 9 of article 1.2 of the Law on KKT).

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Return of unused funds under the agreement

Krasnodar Territory I purchased a move-in service at the Selims office in Krasnodar, they offered me a couple of apartment options, I looked at them, and after a couple of days it turned out that I needed to leave the city. I went to the office to write an application for a refund for an unused service, they offered me a form to terminate the contract, I filled out the form, today I received an answer: there are no grounds for terminating the contract, because at this rate all services were provided in full, from work We do not refuse to cooperate with you, we offer you the opportunity to use freezing, which gives you the opportunity to use our services for 6 months free of charge. If you do not agree, please explain which clauses of the contract were violated by our side.” To return funds to a legal entity, it is necessary to submit an official application addressed to the General Director of Komtet LLC, A.V. Savkin, in which it is necessary to indicate the details for the transfer with the obligatory indication of the number of the agreement, the payment order according to which the payment was made by the Client. An individual must submit the following documents to Komtet LLC (electronically to the address):

Samples of applications and claims for refunds

To get your money back, you need to prepare a claim. The current legislation does not specify the form of the document. However, paperwork must be completed taking into account accepted office work standards. If a citizen has not previously encountered the preparation of official documentation, writing a claim on their own can be problematic. Therefore, it is better to use a ready-made sample and get advice. This minimizes the risk of errors.

Sample application for return of defective goods

Sample application for return of quality goods

Sample application for a refund for goods after repair

Sample application for a refund for a phone

Sample application for a refund for services rendered

Sample claim for refund for undelivered goods

Sample claim for a refund for a service not provided

Sample claim for a refund for an air ticket

Sample claim for a refund for goods purchased in an online store

Sample claim to a fitness club for a refund

Sample application for refund of money under a loan agreement

Sample claim for refund of funds to an individual

Sample claim for refund of funds between legal entities

Sample claim for the return of overpaid funds

Sample claim for the return of erroneously transferred funds

Sample pre-trial claim for refund of money due to refusal to fulfill an agreement

Sample application for a refund for damaged goods delivered

Additional forms for special cases can be found in the sections of the site, examples of filling out in the corresponding section.

Instructions for filling out the document

By law, a citizen is obliged to file a claim for pre-trial resolution of the dispute. When filling out the application form, you must comply with the following rules:

• adhere to a business style of presenting information;
• avoid factual and grammatical errors;
• present information consistently;
• clearly define the requirements;
• Avoid insults and displays of emotion.

To enter information, use a standard A4 sheet. The document can be written by hand or printed on a computer. A claim made orally is not considered made. When drawing up a document, you must follow the established structure. To familiarize yourself with it, you should download the file containing a sample claim.

The document is prepared according to the following scheme:

1. The data is entered into the document header. It is fixed in the upper right part of the sheet. Then they reflect the name of the organization to which the claim is sent. Reducing information is unacceptable . The name must be reflected in full. The legal form of the company and legal address must be specified.
2. Information about the person heading the company is recorded. Information is also included in the header of the application. The claim is sent to the general director , chairman of the board or manager. In practice, a citizen may not know the position of the person heading the company. In this case, the address “manager” is used.
3. Enter data and information about the applicant. The claim must include the full name of the citizen who wishes to return the funds, place of residence and information for operational communication. You can enter a phone number or email address.
4. The name of the document is fixed. It is placed in the middle of the sheet.
5. Reflect the essence of the requirements put forward . The date of purchase of the goods, the purchase price, the presence of a receipt and invoice are indicated.
6. Reflects the reasons for the refund .
7. Provides links to regulations that allow you to make a claim.
8. Specify the requirements put forward . It is necessary to record the time for providing a response to the application. You cannot violate the law. The consumer rights protection law states that government agencies and structures provide a response within 30 days. For individuals, the period is reduced to 10 days.
9. The preferred form of response to the complaint . You can ask to be notified of the decision via standard mail or email.
10. Displays a list of applications . This includes documentation that supports the application. The documents confirm the data reflected in the claim.
11. Reflect the date of the claim, provide the signature, full name and initials of the applicant.

Alexander Mironov

Lawyer - consultant

Ask a Question

A citizen is not required to contact the authorized body in person. If a visit is not possible for any reason, it is permitted to act through a representative. To certify the powers of the authorized person, a power of attorney is drawn up. The document is included in the list of attachments and mentioned in the application.

What can you demand?

Refund of funds is not the only demand that can be made against the company. A citizen has the right:

• collect penalties, penalties or fines;
• demand a reduction in the cost of work;
• ask the organization to eliminate defects or pay for repair work;
• terminate the contract and demand a refund.

What to include as confirmation

Usually the statement is supplemented by:

• checks;
• results of the examination;
• purchase and sale agreement;
• act of acceptance and inspection.

The list of papers depends on the specifics of the situation.

Rules and nuances

The letter of claim is prepared in two copies. They must be identical.

The first is provided to the addressee. The document will remain with the company for further consideration. A second copy is provided for signature. The document remains with the consumer. The paper confirms that the claim has been received. The seller who accepted the request writes down the full name on paper and signs. A stamp is also welcome.

Anatoly Pavlovich

Lawyer - consultant

Ask a Question

In practice, the seller may refuse to consider the request. Taking this nuance into account, the claim is sent by mail. You must use a registered letter with a description of the attachment and a receipt.

The calculation of the period provided for a response starts the next day after delivery. If the application was sent by mail, the period begins to count from the next day after delivery of the letter.

Submission deadlines

For a defective product, a claim must be submitted within 14 days. If a citizen is dissatisfied with the service provided or work performed, he can file a claim within 2 years, if the warranty period is not specified, or its duration is less than 1 year (clause 2, 4 of Article 724 of the Civil Code of the Russian Federation). In another situation, you can make a claim during the warranty period (clause 1 of Article 722 and clause 3 of Article 724 of the Civil Code of the Russian Federation).

Methods of circulation

Individuals and legal entities have the right to submit a claim for a refund. If partnerships have been established between the companies, the application is sent by email. However, the method of interaction must be reflected in the agreement . If the information is present, sending an electronic complaint will be sufficient. Its presence will be taken into account if a statement of claim is filed and the case goes to court.

When ordinary citizens file a claim, the electronic form is used less frequently. The complaint is recorded in writing. The finished paper is provided in person. The document is provided to the person responsible for receiving incoming correspondence.

In practice, the location of the company may be significantly remote from the citizen’s place of residence. In this case, the document is sent by mail. To send, use a letter with a list of attachments. Keep the second copy for yourself. The documentation is supplemented with a shipping receipt and a copy of the list of attachments on which the postal worker has put the appropriate mark. The paper acts as evidence of compliance with pre-trial order.

Review and response time

When filing a claim, you must indicate the time frame for providing a response. During this time, the organization is obliged to consider the claim and make a decision to satisfy the requirements or refuse. The period must not contradict the requirements of current legislation.

Establishing a period that is too short may become a reason for deeming the claim procedure not followed.

To an individual

When submitting a claim to an individual, you must comply with the provisions of the consumer protection law. A minimum of 10 days must be provided for consideration of the application. A person wishing to return funds for a product or service has the right to extend the period at his own request, giving more time to respond. However, the deadline cannot be shortened.

Examples

Legal entity

If the appeal is sent to a legal entity, the deadline remains the same. The applicant must be given at least 10 days to respond. The desired period is recorded in the application.

The exception is applications sent to government agencies and bodies. The period is extended to at least 30 days.

Undrawn funds

Legal relationships related to non-fulfillment of contract terms are often accompanied by controversial issues. For example, when returning funds received to the service provider’s account in the form of an advance. To resolve complex disputes, it is necessary to understand the legal aspects of this issue. An agreement establishing the amount of the deposit and the procedure for its transfer from one party to the other must be concluded in writing. The legislator sets a restriction on the method of securing the deposit: payment can only be made in monetary terms, i.e., securities and things cannot be transferred to the executor. The current Civil Code of the Russian Federation does not contain a direct definition of the concept of advance payment; therefore, in practice, a general non-normative definition is used, characterizing it as an advance payment for services provided to the customer by the contractor. In the application, the Subscriber must notify us of the valid reason why he decided to terminate the Agreement. In this case, the technical support service will take reasonable measures to resolve and resolve the situation in order to satisfy your requirements and wishes. The signature of the service owner on the application must be notarized (this requirement is not necessary if the application is sent to the office of AWACS Telecom LLC by the Subscriber personally, subject to the presence of a passport).

Sample letters

Sample letter for refund 1

Sample letter for refund 2

Sample letter for refund 3

To confirm the arguments for the need to return funds, copies of payment documents should be attached to the letter. The letter is drawn up in two copies and recorded in the internal correspondence journal. One copy of the document must be sent to the addressee, the second is archived in the outgoing documentation of the enterprise division, the representative of which is its originator.

At the request of the enterprise management, the number of internal copies of the letter can be increased depending on how many departments require archival storage of its copy. Data on the number of copies of the letter at the enterprise must be included in the inventory of documents related to the execution of the contract.

A letter about the return of funds can be certified by a person who has the right to sign - the director (deputy director) or the chief accountant. The responsible executor (drafter of the document) must also put his signature. It is possible to return money previously paid to a counterparty or received for the supply of inventory items in several cases. Briefly about each of them.

According to the reconciliation report

In addition to payment documents, acts of reconciliation of mutual settlements between the parties can serve as the basis for sending a letter to the counterparty for the return of funds.

Sample act of reconciliation of mutual settlements

Regardless of the reason for which the receivables arose, reconciliation of payments for a certain period will make it possible to find out both the nature of the debt and the main reason for the error in accounting, financial and banking documents.

Due to an erroneous payment

Another common reason for initiating a refund procedure is errors made when preparing paper and electronic documents. They can be very diverse: technical errors, incorrect indication of any details, amounts to be paid, etc.

Sample letter in case of a technical error

It should be noted that the most common inaccuracy made by the compilers of payments and other documents is the incorrect indication of the recipient’s details. In this case, the bank institution becomes the third party in restoring the financial status quo. The reason is that the payment in this case will not go to the recipient’s account. Until all the circumstances are clarified, it will be recorded in the bank under the “unexplained payment” category.

Refund of advance payment (overpayment)

In some cases, contracts do not provide for payments in advance. A counterparty who mistakenly transferred an advance payment to the settlement account of the supplier of inventory items must take care of its return.

Sample letter for refund of advance payment

Due to refusal of goods

The management of the enterprise may have other reasons for sending a letter to the counterparty asking for the return of funds. Quite often, already at the delivery stage, force majeure circumstances arise, forcing the recipient to refuse the goods. If the counterparties do not have mutual claims, and the settlement of the dispute is not brought to court, the return is carried out on the basis of a similar document - a letter drawn up on behalf of the management of the receiving party.

Sample letter for refusal to supply goods

Refund of previously paid funds for goods not delivered

Prepayment is a guarantee of rights for the parties who entered into an agreement for the supply of goods and materials:

• the supplier - that the payment will be made in a timely manner;
• the buyer - that the delivery of the goods will be carried out in accordance with the terms of the agreement.

However, an unscrupulous supplier may refuse to fulfill its part of the contract and not deliver goods and materials.

A written application requesting the return of previously paid funds must be sent to the supplier at the end of the delivery period of the goods. It is necessary to indicate the details and attach copies of payment documents confirming the fulfillment of your part of the agreement.

Archival storage of business correspondence, which includes letters to counterparties about the return of funds, must be carried out for 5 years. Claim correspondence should be stored in a folder with a separate nomenclature. To register incoming and outgoing documents, you should create a separate logbook. The procedure for carrying out correspondence is established by the order on the accounting policy of the enterprise and the job descriptions of employees directly involved in the execution of instructions from management.

Return of unspent funds

Unspent funds received by an accountable employee for a business trip or to carry out production and business assignments, paragraph. 4 p.p. 170.9.2 NK

instructs to return it to the cashier or bank account of the enterprise
before or at the time of filing the Report . Knowing the deadlines for submitting the Report, which we discussed on p. 10, we get the following deadlines for the return of unspent accountable funds: Thus, we have two deadlines for the return of unused cash: one (the one established by the Tax Code
) is intended for personal income tax purposes, the second (the one provided for
by Regulation No. 637
) - to establish a violation of the cash rules appeals.
It turns out that in order not to stumble upon the payment of a fine for violating the rules of cash circulation, unused accountable funds received to fulfill production and economic orders must be returned to the enterprise no later than the next working day after the day of receipt of accountable funds (no later than 10 working days - when purchasing agricultural products and procurement of secondary raw materials, except scrap metal) taking into account the deadlines established by the Tax Code .
Please note => When did the basements and landings become part of the total area of ​​the mkd?

Return of unused balance

To return funds to a legal entity, it is necessary to submit an official application addressed to the General Director of Komtet LLC, A.V. Savkin, in which it is necessary to indicate the details for the transfer with the obligatory indication of the number of the agreement, the payment order according to which the payment was made by the Client. Refunds to individuals through the Yandex.Money and WebMoney system are carried out only to the wallet in the Yandex.Money and WebMoney system from which the payment was made. The amount is returned minus the commission received by the payment system when transferring funds.

To the employer

A claim can be sent to the employer in the following cases:

• wrongful disciplinary action with deduction of part of wages;
• the regional coefficient for wages has not been established;
• denial of compensation for business travel expenses;
• refusal to pay for vacations;
• refusal to provide a penalty for failure to pay wages or other payments on time.

The claim is made in a standard format. The document reflects the reason for the appeal, records the requirements put forward and supports the arguments with references to legal norms.

Sample claim for refund to employer

Undrawn funds

The return of funds accumulated in advance accounts is carried out on the basis of the payer’s application, executed electronically or in writing, to the account selected by the foreign trade participant. The application is supported by a package of documents, the list of which is specified in Article 36 289-FZ, and must be submitted no later than 3 years from the date of the last use of the amounts on advance. The form of the document is enshrined in the order of the Federal Customs Service No. 2520 dated December 22, 2010. The return of the deposit to the advance account is carried out by the customs authorities within 5 working days from the date of occurrence of circumstances in which the presence of this monetary guarantee is no longer required for the foreign trade participant (for example, other security has been provided), but only if this deposit must be used for payments. If no obligation to pay duties and taxes has arisen, these funds are transferred to advance payments at the request of the payer, which must be submitted within 3 years from the day the deposit was paid.

What to do if the money is not returned

In the event that the money is not returned to you, you have the opportunity to seek protection from government services - Rospotrebnadzor and the court . Sometimes you can contact the prosecutor's office, but only if you have very good reasons to believe that you have become a victim of fraud.

A complaint to Rospotrebnadzor is the first claim that should be filed if the letter for the return of funds did not bring any results. This is due to the fact that Rospotrebnadzor is responsible for protecting consumer rights, and an unfair or unfounded refusal to return violates these same rights. Based on your application, Rospotrebnadzor will organize an inspection of the activities of the supplier of goods and services, and no later than 30 days will make a decision.

You can go to court . Dealing with the court is much more difficult, but often it becomes the last service through which you can get your money back. To begin the hearings, you will need to draw up and submit a statement of claim, which will be reviewed up to 5 days. After this, you will need to appear at the scheduled meeting and prove that you have every reason to get your money back, and the refusal given to you is unlawful. If everything goes well, the court will issue a ruling that will allow you to get your money.

Unused funds

Account 55 - Account 55 “Special accounts in banks” is intended to summarize information on the availability and movement of funds in the currency of the Russian Federation and foreign currencies located on the territory of the Russian Federation and abroad in letters of credit ... INHERITANCE ADMINISTRATION - ESTATE SETTLEMENT When managing inherited property, the first priority The responsibilities of the estate manager (inheritance administrator) are the following: execution of the will and instructions contained in the will; compliance with all requirements... ...

How to use

A letter of refund is a type of claim document. It must indicate the request for a reverse transfer of funds and the grounds for this action. There is no unified form of the letter, so it is written in free form.

It is mandatory to indicate the following information in the document:

1. details of the enterprise (organization, institution) - compiler and counterparty;
2. subject of discussion;
3. list of documents on the basis of which the return must be made.

A direct appeal to the counterparty should begin with the words “We ask you to return...” and contain comprehensive information about the day of the transfer, the amount of funds in rubles, and the payment order number. It is extremely important to correctly justify the reason for the upcoming return, as well as indicate the details of the agreement under which this procedure is carried out, the details of the counterparty (name, address, Taxpayer Identification Number, reason code, and other installation information).

You should also indicate the terms for the return of funds and the account details at the bank institution where the amounts due must be transferred. The refund amount may also include penalties in the form of fines and penalties accrued on the basis of existing bilateral agreements.

Return of unused balance

Refunds to individuals through the Yandex.Money and WebMoney system are carried out only to the wallet in the Yandex.Money and WebMoney system from which the payment was made. The amount is returned minus the commission received by the payment system when transferring funds. Refunds via PayPal are processed after your request for a refund to and only to the account from which the payment was made. The amount is returned minus the commission received by the payment system when transferring funds.

Please note => The settlement agreement has the force of a writ of execution of the Civil Code of the Russian Federation

How to avoid cash shortages

• At least one year of work experience in the main activity;
• use of bank services for at least six months;
• the client must have non-zero turnover on the current account (except for the advance overdraft);
• funds must be received into the current account at least three times a week (except for advance overdraft);
• There should be no file number 2 on the client’s current account (unpaid claims and/or orders).

To obtain an overdraft, legal entities must submit a standard package of documents to the bank for consideration of a loan application for lending. Perhaps the bank will ask you to prepare a certificate of turnover on accounts in other banks and a certificate of absence of debt on loans from banks where the client has current accounts.

Procedure for returning unused funds

Refunds of unused funds to Subscribers are carried out in accordance with the norms of the Civil Code of the Russian Federation, the Federal Law of 01.01.2001 “On Communications”, the Law of the Russian Federation “On the Protection of Consumer Rights”, Decree of the Government of the Russian Federation of January 23, 2006 N 32 “On approval of the Rules for the provision of communication services for data transmission", Resolution of the Government of the Russian Federation "On approval of the Rules for the provision of telematic communication services", Regulations of the Central Bank of the Russian Federation dated 01.01.2001 "On the issue of bank cards and on transactions performed using payment cards "

refund when using a service with a billing period of a calendar month (unlimited and limited tariff plans with a monthly subscription fee, support for additional IP addresses); refund for registration of additional IP address(es); refund for the VLAN channel service.

Payment return period

Erroneously or excessively transferred payments are returned within seven days from the date the creditor submits a demand for its fulfillment (clause 2 of Article 314 of the Civil Code of the Russian Federation).

In cases of unlawful withholding of funds and evasion of their collection, interest is charged on the amount of the debt in accordance with the rules set out in clause 1 of Art. 395 of the Civil Code of the Russian Federation and clause 5 of the Review of the practice of considering disputes related to the application of rules on unjust enrichment (Information letter of the Supreme Arbitration Court of the Russian Federation No. 49 dated 01/11/2000).

Similar appeals for calculating interest are applied upon termination of a contract for the supply of goods (clauses 3–4 of Article 487 of the Civil Code of the Russian Federation).

To avoid paying interest for using someone else’s money, pay attention to the date of the document and fulfill your obligations no later than seven days.

A different legal situation arises in the event of the return of the advance upon termination or modification of the work contract. The organization that received the advance payment began to carry out the work. In this case, the contractor must prove that at the time of receipt of the notice of termination of the contract, part of it has already been completed. If this condition is met, the contractor retains part of the established price in proportion to the part of the work performed before receiving notice of the customer’s refusal to fulfill the contract, and compensates for losses caused by termination of the contract (Article 717 of the Civil Code of the Russian Federation).

Undrawn funds

An HOA has been created in an apartment building; by decision of the general meeting of owners, decisions have also been made to terminate the management agreement previously concluded with the management company. However, the management company continues to issue bills to the owners for utility bills, citing, for example, the fact that the owners have arrears in paying for the company’s services for previous periods. Are the actions of the management company legal?

• On the basis of what law do owners have the right to demand the return of money unspent by the management company when renouncing a management agreement?
• Who has the right to demand the return of unused money: the created HOA, any of the owners, all owners?
• Can property owners get money from the manager?
• Which court should I go to with a claim for the return of undisbursed funds?

22 Dec 2021 marketur 160
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