A receipt is a loan agreement between citizens. It contains all the necessary data and is handwritten. Is the receipt legally binding and how to draw it up correctly?
Is a receipt not certified by a notary valid
To find out whether it is necessary to notarize the IOU, let's turn to the Civil Code. Article 163 says that a document is notarized only in two cases:
- If one of the parties, or both parties have expressed a desire to certify the document;
- If the law requires you to certify the document.
It follows from this that the obligatory certification of the receipt by a notary is not required, however, only a notary guarantees the legal purity of the transaction. The notary is not responsible for the incorrect execution of the document, therefore, an incorrectly drawn up receipt, even a certified one, does not guarantee the return of the debt after going to court.
The legislation provided that a loan of a large amount of money is notarized, as well as all real estate transactions.
Advantages of notarizing a receipt
- The notary checks the identity of the parties to the transaction, their legal capacity and the right to complete the transaction;
- Is the guarantor of the legal purity of the transaction;
- Money can be transferred in the presence of a notary;
- The loan agreement is registered and one copy remains with the notary. If the lender loses his copy of the agreement, it will not be difficult to restore it;
- A loan agreement certified by a notary gives more guarantees for compensation for damage if the borrower does not return the money on time. Also, the fact of the transfer of funds will be recorded, the borrower will not be able to say that he did not receive money.
How to write a receipt correctly so that it has legal force
- The receipt must be written by the borrower in his own hand in two copies.
- Centered, the document should be titled “Receipt”.
- Further, the city in which the contract and the date are concluded must be written. The date is written in full in words: the seventeenth of January two thousand and nineteen.
- After that, the borrower writes his data on a new line: full name, TIN, passport series and number, date of issue, department code, place of registration and place of actual residence.
- Next, the amount of money is written in numbers and in words, as well as the currency in which the loan was received.
- And the terms of debt repayment are prescribed.
- The signatures of both parties are required. The lender must write that he transferred the funds in numbers and words, and the borrower, that he received the funds in figures and words.
- The signatures must be like in the passport.
- If there are witnesses to the transfer of funds, they must also be indicated.
- Some people write it on the back of a photocopy of the borrower's passport for the authenticity of the receipt.
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