Any loan relationship is regulated by the Civil Code of the Russian Federation. In accordance with Chapter 42 of the Civil Code of the Russian Federation, an enterprise has the right to issue borrowed funds to its employees. When issuing funds, it is necessary to arrange everything in accordance with the requirements of the law.
Necessary
- - statement;
- - contract;
- - order;
- - notification.
Instructions
Step 1
If an employee has submitted an application with a request to receive borrowed funds, then in it he must indicate the purpose of obtaining a loan, the amount and terms for which the employee expects to take the borrowed funds.
Step 2
The head of the enterprise must put his resolution under the application in the form of "Approve" or "Denied". It depends on the material capabilities of the enterprise at the time of application.
Step 3
Like any loan, the issuance of funds to an employee with a positive decision of the management is formalized by an agreement, which can be concluded in a simple written form (Article 808 of the Civil Code of the Russian Federation). When drawing up the contract, two witnesses from among the persons working in the organization must be present. Witnesses are required to have a general civil passport of the Russian Federation in order to indicate its data under the loan agreement and put their signatures.
Step 4
In the contract, indicate all the conditions on which the loan was issued, as well as interest that can be included in the total amount provided to the employee, write in a separate line or not indicate at all. In case of disputable issues on the return of the issued funds, the court will proceed from the refinancing interest rate of the Central Bank of the Russian Federation at the time of the consideration of the case.
Step 5
The contract must be signed by the witnesses present, the borrower and the lender represented by the head of the enterprise or an authorized person.
Step 6
After drawing up the contract, the employer is obliged to issue a loan order. There is no unified form for this document, so draw up an order in free form, indicating in it the issuance of a loan, the timing and amount.
Step 7
Submit a notice to the accounting department about the issuance of borrowed funds and the procedure for deducting them from the employee's salary. Withholding can be carried out as a percentage of the amount of earnings, but not more than 50% of income, if the employee has no other debt obligations to third parties or in a fixed amount that you will deduct monthly from the borrower's income until the debt is fully repaid.
