Mutual settlements between organizations: drawing up a contract, necessary documents, forms of forms and rules for filling out with examples

The most important component of the enterprise accounting system is the maintenance of its settlement system. This element can be called the most important, since money at any enterprise is much more important than the internal movement of goods and balances in warehouses.

In the conditions of fierce competition, it is very difficult to carry out mutual settlements at large enterprises, when goods can be sold on credit, since there is no complete confidence in the solvency of the client.

Mutual settlements are a mechanism for direct redistribution of income from the sale of goods and services between organizations directly involved in the sale of specific goods (services). Unlike the pre-existing income redistribution mechanism, mutual settlements between communication organizations are carried out on a contractual basis for a certain volume of goods, taking into account the guidelines developed for each company.

Concept and essence

From a legal point of view, offsets and mutual settlements are a civil law transaction, that is, actions of subjects of civil law relations aimed at the emergence, amendment or termination of civil rights and obligations (Article 153 of the Civil Code of the Russian Federation). Accordingly, mutual settlement is a transaction aimed at terminating civil rights and obligations.

Mutual settlement as a type of civil transaction is not directly regulated by the Civil Code of the Russian Federation. The specified regulatory document as one of the ways to terminate obligations indicates only the possibility of compensation of mutual claims (Article 410 of the Civil Code of the Russian Federation) between two persons. However, by virtue of paragraph 2 of Art. 421 of the Civil Code of the Russian Federation, which enshrines the principle of freedom of contract, clearing operations with a large number of participants is quite acceptable, since these operations do not contradict the essence of civil relations.

1. mutual settlements between organizations

The legal basis for mutual settlements is determined by civil law on the reimbursement of mutual claims. At the same time, in some cases, for mutual settlement it is necessary to carry out other operations, in particular, transfer of the right of claim (Article 382 of the Civil Code of the Russian Federation).

Mutual settlement is an agreement between the parties to civil law relations on the mutual termination of certain obligations in a fixed amount in relation to each other.

5. letter of mutual settlements between organizations sample

An important point is the fact that:

  • obligations are uniform;
  • a deadline was set for fulfillment of obligations on time.

Mutual settlement cannot be performed if:

  • the obligation of either party is connected with compensation for harm caused to health, payment of alimony;
  • for obligations of either party, the limitation period has expired;
  • the conclusion of an agreement on mutual settlements is expressly prohibited by law or contract.

In business activities, organizations interact with each other as counterparties, suppliers and buyers. The most important part of working with counterparties is accounting. Mutual calculations show where the part of the organization’s financial resources and the main sources of these funds are located. Thus, from the timely monitoring of mutual settlements depends on the amount of money that can be sent to the further turnover of the company.

Mutual settlements are carried out in the context of counterparties and settlement documentation in the context of concluded contracts.

The calculation is based on accounting according to primary documents.

Accounting calculations allows you to determine the total amount of debt for any period of time, as well as to understand when and by what documents it appeared.

Settlement System Requirements

When working with regular customers, as a rule, mutual settlements are carried out in accordance with a scheme developed through negotiations between the parties. Such a system is convenient for all participants.

There are some requirements in this area that must be strictly observed.

Requirements for the system of mutual settlements between enterprises:

  • truthfulness;
  • Settlement data output should be quick and easy;
  • the ability to manage debt;
  • detailing reports of any complexity.

This system includes two subsystems: the first characterizes the movement of goods (warehouse), the second - the movement of money (cash finance). Both of these subsystems are inseparable from each other and participate in mutual calculations.

Types of settlements

Mutual calculations can be divided into several types, of which the largest are three:

  • payments for orders: in the case when the calculation is made according to a specific customer order;
  • Settlement under the contract: all purchases and sales are carried out in accordance with the contract signed between the parties. This may be a sale of goods on credit or a prepaid purchase;
  • invoice payments: in this case, the purchase or sale is paid separately for specific invoices.

Thus, mutual settlements represent a direct redistribution of income from the sale of goods or services between organizations engaged in the provision of services or sale of goods.

Simply put, this is the sale of goods. The accountant-economist conducts all settlement operations in most cases, he is also responsible for all reporting documents for mutual settlements.

To control quality in modern conditions, it is simply necessary to use high-quality software.

As a rule, a competent reflection of current operations allows the company to quickly and timely receive any information about the status of mutual settlements between counterparties.

2. settlement agreement between organizations

Key Documents

Among the settlement documents can be identified:

  • documents for shipment of products (invoices, acts of acceptance, acts of sale, etc.);
  • payment documents (payments, consumables, warrants);
  • documents - the basis of transactions (contracts, specifications).

According to the nature of the documentation, transactions on mutual settlements can be divided into the following:

  • simple - when only documents for shipment and payment are drawn up;
  • transactions on accounts - documents on shipment and payment are drawn up on the basis of accounts;
  • transactions under contracts - documents of shipment and payment are executed under contracts.

Settlement Agreement

An agreement between organizations means the repayment of debts of several companies to each other.

Such a situation is possible if both enterprises operate under the same or different agreements simultaneously with buyers and suppliers. A procedure can be initiated when a debt arises for goods or services provided by both parties that cannot be repaid in the near future.

6. letter of mutual settlements between organizations

The offset may be in full debt or only for part of the amount of overdue payment under the contract. Civil law imposes such requirements on the debts of enterprises, which are planned to be offset by offsetting.

The basic requirements for settlements under an agreement between organizations are as follows:

  • mutual settlement implies that both parties have financial claims against each other due to delays in payments under existing contracts;
  • an agreement on mutual settlements between organizations is possible, if the obligations are homogeneous - they have the same indicators (if it is a monetary equivalent, then the settlement currency must correspond);
  • Accepted deadlines for the fulfillment of contractual obligations in relation to payment for goods, works or services.
    filling in a deed of settlement

An agreement on mutual settlements cannot be applied if:

  • the debt was formed in accordance with the amount of compensation for harm caused to the health of an individual or his life;
  • debts were formed on writ of execution to recover alimony;
  • the limitation period has expired (Article 411 of the Civil Code of the Russian Federation).

A model agreement on mutual settlements between legal entities implies an indication of the exact amounts owed by both parties to the agreement with VAT. To do this, at the stage of preparation of the contract form, mutual settlement of settlements is performed. The agreed act of conciliation is attached to the contract together with the documentation justifying the fact of overdue debt.

9. Settlement agreement between organizations

An agreement between organizations (a sample can be seen below) implies the presence of the following details:

  • date and place of conclusion of the contract;
  • name of the parties;
  • names of company representatives with supporting credentials;
  • a list of financial liabilities to be paid;
  • indication of the terms of mutual settlements.
    sample document

At the end, a phrase is needed that when the date of entry into force of the provisions of the agreement comes, the details of the parties to their address must be indicated. At the end of the document should be signatures of authorized persons and company seals.

The mutual settlement agreement between the organization and the individual and its features will be considered further. With this type of settlement, one side is the creditor, the other is the debtor. Features of this type of calculation are as follows:

  • uniform nature of requirements (financial);
  • clearly set deadlines;
  • the possibility of settlements not in parts of all debts immediately, but in parts;
  • it is possible to implement if between the parties there are at least two obligations (debt and its payment).

Characteristics of bills of Sberbank

Let us consider in more detail what a bill of Sberbank for mutual settlements between organizations is. Any bill, regardless of the purpose of creation and the person who issued it, is primarily a valuable document. He acts as a substantial fulfillment of the obligation for which the debtor pays a certain amount of money to the creditor after a certain period of time.

A bill of exchange is used for settlements between individuals and between organizations, including between financial institutions. Sberbank also belongs to them. Such bills act as a universal payment method. The bank gives them out for quick payments for the supply, sale of goods or the provision of services. In addition, the account can be used as collateral when receiving a loan product from a bank. But the bill of Sberbank is most often used for settlements between organizations.

The Sberbank bill for mutual settlements between organizations contains collateral that confirms the bank’s obligation to the holder to pay a certain amount for a certain period. A bill of exchange is required for settlements; its registration can be carried out at any branch of Sberbank.

A bill of exchange is an A4 document. It includes the amount that the customer deposited. In addition, the city and date of issue are indicated.

As a bank promissory note is a security that contains a written debt obligation of a banking organization to the holder of the bill.

3. bill of Sberbank for mutual settlements between organizations

Such a tool provides the following benefits:

  • convenient and quick payment for services, work and goods;
  • profitable investment for profit;
  • use as a guarantor upon receipt of credit funds or guarantees from the bank.

The promissory note programs provided by banks resemble depository programs: the client invests funds, and in return receives something from a banking institution similar to a debt receipt. Thus, the bank confirms that the funds are accepted, and agrees to return them on the appointed day.

An interest bill means an indication of the interest that accrues on its amount. Nominal interest amounts can be expressed both in rubles and in another currency. In order to receive such a bill, it is necessary to deposit money, which is a nominal valuable debt receipt.

This type of bills of Sberbank is the most popular tool, because it is very similar to a deposit.

The usual discount bill does not indicate the conditions for calculating cash at face value, which can be used in rubles or foreign currency. To get it, you need to make an amount equal to the value of the contract for the future sale of the security. Beneficiary’s income is calculated as the difference between the sale value and the face value.

8. mutual settlements between network organizations

The bank account is paid by Sberbank units that are allowed to carry out such operations. These may be branches of a banking organization.

Sberbank also provides other services on bills:

  • Exchange of bills. Thus, the account holder can exchange one bill for several others that have a lower face value, or receive several bills for one higher face value
  • Storage. Sberbank provides an opportunity for each recipient to keep certificates of deposit and bank bills. The client determines the storage period.
  • Delivery and issuance of securities. To eliminate the risks associated with the self-movement of securities, you can entrust the bank with the issuance and delivery of purchased certificates of deposit and bills of exchange at the place of stay. This advantage can only be used by legal entities.

Cash settlement

Most often, cashless payments are used between legal entities, since when paying for goods or services, there is almost always a movement of large sums of money. Mutual settlements between organizations for cash have a number of features.

To pay in cash, you need to spend extra money on organizing the security of payments.

Another drawback of cash is that it is much more difficult to keep track of accuracy in the accounting plan.

In our legislation there is a restriction on cash payments in cash at mutual settlements.

One of the rules for regulating money circulation between legal entities is the Directive of the Central Bank of the Russian Federation 1843-U dated 06/20/07.

Based on clause 1 of the Instruction, the maximum allowable amount of cash payments between firms is 100,000 rubles per contract.

4. cash settlements between organizations

This requirement does not apply to the following types of calculations:

  • after salary payment;
  • when issuing reporting amounts.

The limit in the limit arises when cash payments are made between:

  • organizations;
  • organization and individual entrepreneur;
  • several individual entrepreneurs.

This restriction applies to payments under a single agreement.

For example, if two individual entrepreneurs have signed a contract worth more than one hundred thousand rubles, it is impossible to fully deposit cash, you will have to pay in two parts:

  • one hundred thousand to pay in cash;
  • pay the balance by bank transfer.
10. The act of reconciliation of settlements between the organization

Settlement letter and its characteristics

The letter on mutual settlements between organizations does not have a strict form, but there is a list of requirements for information that must be indicated in it.

The preparation of such a letter is possible only in cases where the deadline for cash settlements has expired.

The letter on mutual settlements between organizations (a sample is given in the article) should contain the following information:

  • place and date;
  • name and details of organizations;
  • F. I. O. representatives;
  • information on the amount of debt;
  • effective date;
  • addresses and details, stamps of the parties.

Reconciliation Act

To verify mutual requirements with the counterparty, it is necessary to draw up an act of reconciliation of mutual settlements between organizations. Initially, it is necessary to draw up an act of coordination of mutual settlements with a breakdown for each contract concluded (if there were several).

This will determine the exact amount of debt that can be repaid by offset. It is also necessary to draw up an act in the context of contracts concluded with the counterparty. This will determine the exact amount of debt that can be repaid by offsetting. There is no need to stamp the act. This is done in accordance with business customs.

11. settlement agreement between the organization and the individual

The value of this document is quite large. It reflects reconciliation of settlements and fixing the absence of debt. .

.

, . .

, . .

:

  • ;
  • .

, , . , , .

Source: https://habr.com/ru/post/G26108/


All Articles