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The procedure for transferring debt to a third party is regulated by Articles 391 and 392 of the Civil Code of the Russian Federation. This procedure is possible only with the consent of the creditor and upon concluding an agreement on the transfer of debt (Article 389 of the Civil Code of the Russian Federation).
Features of document preparation
- Completed sample contract
- Contract form
- Contents of the debt transfer agreement
- Nuances of drawing up a debt transfer agreement
Contract form
There are no specific instructions for drawing up a money transfer agreement in legislative documents. However, there are well-established rules that it must meet.
The debt transfer agreement is drawn up in writing and must be in the same form as the main document stipulating the debt obligations. So, if this document was registered with the state registration service, then the agreement is subject to this procedure.
Important! If the contract is free of charge, this must be indicated in its terms. Otherwise, it will be considered remunerative (Article 423 of the Civil Code of the Russian Federation).
The agreement is drawn up in an official style without any emotional overtones. All data provided must be reliable and correspond to the information contained in the primary documents.
Contents of the debt transfer agreement
Like all formal contracts, this document should consist of several separate sections. Their number will be determined directly by its participants and depends on each individual situation.
Contract structure:
- a cap;
- subject of the contract;
- liability of the parties;
- dispute resolution;
- final provisions;
- legal addresses and details of the parties;
- signatures.
The header indicates the name of the agreement, the city and date of its conclusion, as well as the name and details of the parties who concluded it. It must be clearly stated who is the original debtor, who is the new debtor, and who is the creditor. If these are individuals, you must enter their names and passport information; if these are legal entities, you should also enter the positions of their representatives and indicate the documents on the basis of which they act.
Important! The names and titles mentioned in the contract must be written in full without abbreviations.
Basic information regarding the amount of debt and the procedure for transferring it to a third party is entered in the “Subject of the agreement” section. The amount of debt must be stated in both numerical and verbal format. The amount of interest on the debt, which is also payable, must also be included. This also confirms the fact of transfer of the main loan agreement to the new debtor.
Important! The amount of debt in the agreement is indicated as it was at the time of signing this document, and not the original loan amount.
The responsibility of the parties for non-fulfillment or improper fulfillment of the terms of the contract is determined directly by the participants in the procedure. Circumstances beyond the control of the parties, but which may lead to a violation of the terms (force majeure factors), must also be specified. It would be useful to determine the course of action of the parties in the event of the occurrence of this force majeure.
When determining how to resolve disputes, special emphasis should be placed on peaceful negotiations. And only if it is impossible to carry out such actions, the possibility of recourse to court should be provided.
In the final provisions, in accordance with the rules for drawing up official documents, the number of copies of the signed agreement is indicated.
Nuances of drawing up a debt transfer agreement
None of the sections of the agreement can contradict the norms of current legislation or infringe on the legitimate rights and interests of the parties. According to Article 392 of the Civil Code of the Russian Federation, a contract cannot include a condition prohibiting the debtor from raising objections to the creditor’s claims.
Important! An agreement drawn up in violation of the rights of one of the parties is considered initially void.
In addition to these sections, it is possible to include others. Thus, the possibility of changing the payment procedure, debt repayment schedule, etc. can be determined.
Form and requirements for the document
Such an agreement is concluded in the format in which the original contract was drawn up. That is, the one for which the initial occurrence of accounts payable occurred. For example, if the original contract was certified by a notary, then the new one will have to be certified at a notary’s office. There is no unified sample of a tripartite debt transfer agreement in 2021.
First of all, it should be taken into account that the transfer of debt is regulated by Article 391 of the Civil Code of the Russian Federation, but the change of creditor is regulated by Article 382 of the Civil Code of the Russian Federation. Moreover, legislators have approved a number of conditions under which an agreement is considered void. These include:
Article 392 of the Civil Code of the Russian Federation provides for a mandatory condition: the debtor has the right to speak out and negotiate with the creditor the terms of repayment of the resulting debts, otherwise the agreement will be declared invalid.
AGREEMENT No. __________ on debt transfer
_____________ "___"___________ 20___
___________________________________, hereinafter referred to as " Organization 1 ", represented by ____________________________________________________________, acting on the basis of ___________, on the one hand, ___________________________________________, hereinafter referred to as " Organization 2 ", represented by _____________________________________, acting on the basis ________, and ______________________________________________, hereinafter referred to as the “ Lender ”, represented by __________________________________________, acting on the basis of ___________________, hereinafter referred to as the Parties, have entered into this agreement as follows:
Subject of the agreement
1.1. “Organization 1” assumes the obligations of “Organization 2” under loan agreement No. ________ dated “___”___________ 20___, concluded between “Organization 2” and the “Lender”. The amount of debt at the time of signing this agreement is ___________.00 rubles. (_______________________________________________ rubles 00 kopecks), of which the amount of the principal debt is _________________.00 rubles. (______________________________ rubles 00 kopecks), the amount of interest due under the specified agreement is _______________.00 (______________________________ rubles 00 kopecks).
1.2. “Organization 2”, at the time of signing this agreement by the parties, transfers to “Organization 1” loan agreement No. ____________ dated “___”___________ 20___.
Responsibility of the parties
2.1. Each party is responsible for damage caused to the other party if it arose through its fault, as a result of non-fulfillment or improper fulfillment of contractual obligations.
2.2. The parties are released from liability if the damage is caused regardless of their will, i.e. due to force majeure.
2.3. Force majeure circumstances include such events as: war and hostilities, epidemics, fire, disasters, acts of government and management authorities affecting the fulfillment of obligations under the agreement, issued after the conclusion of this agreement, as well as other events recognized as indefinite force by law and business customs turnover.
Dispute Resolution
3.1. All disputes and disagreements that may arise in connection with the fulfillment by the parties of their obligations under this agreement will, if possible, be resolved through negotiations.
3.2. If the parties cannot reach agreement on a controversial issue, then the disagreements that arise are resolved in court.
Final provisions
4.1. This agreement comes into force from the moment it is signed by the parties.
4.2. This agreement is drawn up in 3 copies, one for each party, and each of them has equal legal force.
Legal addresses and details of the parties
Organization 1:
Organization 2:
Creditor
Signatures of the parties:
Download the document “Debt Transfer Agreement (tripartite)”
Procedure for drawing up and signing
A standard form or example of filling out a contract can be easily found in any legal system.
Expert opinion
Korolev Stanislav Vitalievich
Lawyer with 10 years of experience. Specialization: family law. More than 3 years of experience in defense in court.
The contract is drawn up in accordance with the number of parties. If notarization or state registration of the agreement is required, an additional copy is signed.
If the agreement is signed by a representative, it is necessary that the other parties have documents confirming the authority of the representative (order for the director, power of attorney).
IMPORTANT: The form of the debt transfer agreement must correspond to the form of the agreement under which the Initial Debtor incurred a debt to the Creditor:
The agreement comes into force from the date of signing, unless other conditions are determined by the agreement itself or by law.
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Contents of the document
The conditions and procedure for drawing up a debt transfer agreement are regulated by paragraph 2 of Chapter 24 of the Civil Code of the Russian Federation.
A debt transfer agreement (tripartite) indicates that three parties are involved in the transaction:
- The original debtor is a person who, by virtue of any agreements, has obligations to the creditor;
- Creditor - a person to whom the Original Debtor owes a debt;
- New debtor is a person who undertakes to repay the debt of the Original debtor.
The debt transfer agreement (tripartite) contains:
- Name of the parties.
- Information about on what basis and in what amount the debt of the Initial Debtor to the Creditor arose.
- An indication to what extent (in whole or in part, taking into account penalties or not) the debt is transferred to the New debtor.
- Responsibility of the parties.
- Grounds for termination of the contract.
- Other provisions.
Comments on the document “Debt transfer agreement (tripartite)”
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Liability of the original debtor
A tripartite debt transfer agreement must include a clause regarding the liability of the original debtor. If for some reason the new debtor is unable to pay off the debt obligations, then the original debtor assumes responsibility for repaying the debt. This condition is usually specified in a tripartite debt transfer agreement for the peace of mind of the creditor.
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Important! If the obligations to repay the debt are specified in the agreement, and the total amount of the debt is not specified, such an agreement will be considered invalid.
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