What receipts have legal force?

Summary

• Do I need to have a promissory note certified by a notary?
• Is it possible to have a receipt certified by a notary regarding the debt of a citizen of Tajikistan?
• I am taking out a loan for another person, do I need to have the receipt certified by a notary?
• Is it possible to have a cash receipt for a foreign passport certified by a notary?
• Do I need to have a promissory note certified by a notary?
• Is it possible to have a receipt certified by a notary without the borrower?
• Please tell me if it is possible to have any receipt certified by a notary.
• Is it certified by a notary?
• Do I need to get it certified by a notary?
• Can it be certified by a notary?
• Is it necessary to have it certified by a notary?
• Do I need to have the contract certified by a notary?

Questions

1. Do I need to have a promissory note certified by a notary?
1.1. Hello Vasily! No, a fairly well-drafted loan agreement.

1.2. No, not necessarily. The main thing is to correctly prepare a loan agreement, based on the norms of the Civil Code of the Russian Federation.

1.3. The notary does not certify the receipt. The notary certifies the loan agreement. However, this is not necessary.

2. Is it possible to have a receipt certified by a notary regarding the debt of a citizen of Tajikistan?

2.1. Hello! Yes, you can, there are no obstacles.

3. I am taking out a loan for another person, do I need to have the receipt certified by a notary?

3.1. There is no need to certify it, the main thing is to draw it up correctly, writing everything down in it.

4. Is it possible to have a cash receipt for a foreign passport certified by a notary?

4.1. You can certify the loan agreement with a notary, and the funds will have to be transferred with it; you can use your international passport. Article 808 of the Civil Code of the Russian Federation.

4.2. Hello! The notary does not certify receipts for any passport, you can certify an agreement, in this case it will be a loan agreement, a foreign passport is also a full-fledged identity document.

5. Do I need to have the promissory note certified by a notary?

5.1. Hello, Natalia!

It is not necessary to have it certified by a notary. The receipt will be accepted by the court as evidence. The main thing is to follow a few rules:

1. Must be written by the borrower in his own hand (in case he refuses and has to undergo a handwriting examination).

2. The most complete data of the borrower must be indicated (passport, and most importantly registration using a passport). To easily determine jurisdiction and determine whether it is the right person.

3. The amount is duplicated in words.

4. Date of receipt is required.

5. Return conditions and terms are required.

6. Complete details of the lender (i.e. yours).

5.2. Good day to you, no, it is not at all necessary for you to have the promissory note certified by a notary... if it is drawn up correctly, be sure to write in two copies, or better yet, the loan agreement.

6. Is it possible to have a receipt certified by a notary without the borrower?

6.1. Hello! No you can not. The borrower signs the receipt. Accordingly, the notary must establish his identity and verify his signature.

7. Please tell me whether it is possible to have any receipt certified by a notary.

7.1. Maybe; “Fundamentals of the legislation of the Russian Federation on notaries” (approved by the Supreme Court of the Russian Federation on 02/11/1993 N 4462-1) (as amended on 12/31/2017) (with amendments and additions, entered into force on 01/01/2018) ConsultantPlus: note. On the forms of certification inscriptions on transactions, see “Order” of the Ministry of Justice dated December 27, 2016 N 313. “” Article 53. Transactions certified by a notary

“The notary certifies transactions for which the “legislation” of the Russian Federation establishes a mandatory notarial form. At the request of the parties, the notary can certify other transactions. (as amended by the Federal “law” dated December 29, 2006 N 258-FZ) (see the text in the previous “edition”)

8. I took out a loan to help a friend pay off other loans with his debts. How can we properly draw up a receipt for him and do we need to have it certified by a notary?

8.1. Hello, Vitaly. Indicate the amount of debt in the receipt as the full amount of the loan with interest and repayment period, as in the loan agreement. If the amount is more than 10,000 rubles, then it must be notarized.

8.2. The notary himself will draw up the receipt. You should still contact him since the amount is large. At the same time, keep in mind that your friend may not pay on time on the receipt, and the bank will not pay you

will still demand.

9. My husband took out loans without my knowledge and now they are being withheld from him. Will a receipt stating that these are his personal debts have legal force if the husband writes it and has it certified by a notary.

9.1. Both a notarial and a simple agreement on this will be valid. But what assessment to give it will be decided by the court...

9.2. If the husband is a debtor and the money is being withheld from him, then why do you need such a receipt?

10. I lend 200 thousand rubles. against signature, but not certified by a notary. If the period ends and the money is not returned, can I go to court with her? Or does it need to be certified? And in what form should the receipt be written?

10.1. If the receipt is drawn up correctly, you will be able to go to court.

10.2. Anastasia, good afternoon. You need to draw up a full loan agreement! Specify in the contract, for example, penalties for late loan repayment. And there is absolutely no need to have it certified by a notary, it’s a waste of money. Notarization does not give anything!

10.3. In confirmation of the loan agreement and its terms, a receipt from the borrower or another document certifying the transfer by the lender of a certain amount of money or a certain number of things to him (Article 808 of the Civil Code of the Russian Federation) may be presented. Notarization is not required

(but preferable). The receipt is drawn up in simple written form; the full details of the lender and the borrower must be indicated (full name, passport details, address, date of conclusion, place, term, terms of the penalty). Courts consider claims based on such receipts.

11. Is it possible to take a receipt from the debtor if she lent it 7 years ago and without a receipt? The debt was not returned. And does such a receipt need to be certified by a notary?

11.1. Hello! You can take it. It is not necessary to certify. Be sure to indicate the repayment period on the receipt.

11.2. Good afternoon You can take a receipt if the debtor agrees. It is not necessary to have it certified by a notary.

12. We are taking the child to live with his grandmother for a while, do we need to have this certified by a notary? And does the grandmother need to write a receipt that she will not offend the child or beat him?

12.1. Inna, in order for your child to live with his grandmother for some time, no statements are required to be written or certified by a notary. But taking written obligations from the grandmother (that she will not harm her grandson/granddaughter while she lives with her) is your right, not your obligation.

13. 1. Is it possible to notarize the deadline for filing for alimony. For example 3 months. 2. Is it possible to refuse financial compensation in favor of alimony, if not, what is the best way to do this? 3. Does a receipt for refusal of alimony have legal force and does it need to be certified by a notary?

13.1. Formulate your question more specifically so that lawyers can answer it competently.

13.2. Good afternoon, no, all of the above actions cannot be carried out, since alimony is intended for the child and you have no right to infringe on his interests in any way.

Money in words

A friendly “couple thousand” before payday can save a person from major trouble if he decides to shoot elsewhere. Recently, so-called microfinance organizations have become active, where it is very easy to take money, but difficult to pay.

Moreover, collectors (until recently it was necessary to explain that these are specialists in debt collection, but today few people know about them), working for microfinance organizations, are distinguished by wild methods. The latest shocking incident: a debt collector threw a Molotov cocktail at the window of the house where the debtor’s two-year-old grandson was sleeping.

Therefore, if you have the opportunity to borrow from a friend or acquaintance, experts advise doing just that. Previously, as a rule, such debts were formalized by receipt. Or even just on parole.

Now, as statistics show, people are more likely to turn to a notary to certify a loan agreement. “The receipt, which is often written in such cases and which is considered to be the main document when it comes to debt obligations, is actually ineffective. It cannot contain any conditions. The receipt simply reflects the fact of the transfer of money and the possible time frame for its return, say FNP experts. — The loan agreement, in turn, may contain installment terms and other conditions agreed upon by both parties. One of the main advantages of a loan agreement is precisely that all the conditions can be spelled out in detail.”

The procedure for signing a loan agreement is very simple. You come to the notary, tell them: on what terms you want to give a loan, for what period, choose the place and method of returning the money, determine whether interest will accrue on the loan or whether it will be interest-free, etc. All these conditions will be reflected in the contract.

“Why is it better to have a loan agreement certified by a notary? It is important to know that all the facts that the notary included in the contract and certified have increased evidentiary value, that is, they are not subject to additional proof in court, experts say. — In order to challenge notarized facts, you must first prove that the notary performed a notarial act in violation of the law. For the court, a notarized loan agreement will be a weighty argument that confirms both the fact that the debtor undertook to repay the money within a certain period of time, and the fact that he received the money exactly on the terms specified in the agreement.”

Any loan agreement, regardless of the presence of other conditions, must indicate: the name of the recipient (full name, passport data and registration), the amount in figures and words, the conditions for issuing money (for example, the amount of interest for the use of funds or the lack thereof), exact deadline for refunding the amount.

Infographics "RG": Anton Perepletchikov/Mikhail Shipov

Is certification required by a notary?

A handwritten receipt must be notarized to avoid unnecessary claims from one of the participants in the transaction, the subject of which is financial assets. If a person lends money, then he needs a guarantee that in the event of cooperation with an unscrupulous borrower, he will be able to return his funds back. A certified notarized receipt has legal force in court, helping in 100% of cases to prove to the victim that he is right.

Using the services of a lawyer is an optional step in drawing up formal documents, but repaying a debt on an uncertified document will be a difficult task if the debtor does not want to return the money. A receipt certified by a professional notary acts as a guarantee certificate for the lender. Because of this, when lending a large sum of money to acquaintances, friends, or neighbors, you need to be on the safe side once again.

Basic terms and definitions

A receipt for borrowed money is a personal document that is needed to protect the rights of both parties.

Debt documents are allowed to be used in situations where the parties to the transaction are:

1. Only individuals.
2. One individual and one legal entity between whom the transfer takes place.

Each case has its own characteristics associated with filling out promissory notes. But the legislation has not yet established a single, unified form of the document. Therefore, it is permissible to simply fill it out in free form.

Typically receipts are small pieces of paper. They contain the main positions relating to debt at a particular point in time. The more nuances are described, the greater the likelihood of a problem-free transaction.

How to get a receipt certified by a notary?

The contract is certified by a notary according to the standard algorithm, but before proceeding to this point, the user must correctly draw up a document of the confirming type. The agreement can only be signed by a notary, but no one prohibits inviting witnesses; this will be a factor of additional protection. The paper must be written by hand in 2 copies, dated and signed, and indicated that the parties have no claims. Without knowing the rules for drawing up this paper, you can ask a specialist not only to certify the document, but also to help with its preparation.

When the text is ready, signatures are placed, certification proceeds according to this algorithm:

• go to the office of a specialist involved in this practice;
• give time to the specialist to familiarize himself with what has been written;
• if there are errors, correct them;
• wait until the specialist puts a stamp and signature;
• pay the cost of the service.

A receipt certified by a practicing notary becomes a full-fledged agreement, the conditions of which must be observed. There are many cases where a receipt is incorrect, and if it has not been certified, then the creditor will not be able to prove his case in court.

How much does certification cost?

The form of a debt agreement is arbitrary. Its notarization is not required.

If, through the operation, a person wants to receive a 100% guarantee of productive cooperation with the borrower, then the price of giving legal force to the paper will depend on these factors:

• the subject contacts a public or private lawyer;
• what region the person lives in (prices may differ in different areas and regions);
• what object of the contract are we talking about;
• how quickly the client's request needs to be fulfilled.

To find out the approximate prices of the service, there is a free consultation with a lawyer, which will help you obtain complete, reliable information about the points of interest to a person.

Special cases when notarization is required

If the borrower receives a large amount of cash in hand, then the creditor needs to notarize the receipt written by the debtor. There are cases in which only a legally certified receipt is considered genuine and they are as follows:

• the loan amount exceeds the debtor’s salary by approximately 10 times;
• both parties to the agreement are supporters of the official certification of the paper;
• The parties want to be completely sure that their agreement is legal.

Borrowing money against a receipt is more profitable than taking out a loan from a bank, so the system for processing and certifying such documents is well-established and allows everyone to use this service. A notary’s certification is direct evidence of the competent drafting of a transaction, which will be 100% useful in court.

Types and features of promissory notes

It is common among citizens to confirm their obligations with a receipt. Moreover, this concerns not only money, this includes the absence of claims, as well as the receipt of documents.

Debt receipts are conventionally divided into several types. For this, different criteria are used, which can serve as.

By transfer object:

1. Monetary - if the amount, in accordance with the amendments to the Federal Law dated July 26, 2017 N 212-FZ, Article 808, paragraph 1., exceeds no less than 10 times the minimum amount of remuneration fixed by law (for individuals).
2. Property - transfer of valuables or valuable property on debt.

Depending on the availability of payment for the loan application:

1. Interest - the lender has the right to receive interest from the debtor in the order and amount determined by the agreement (Federal Law of July 26, 2017, Article 809, paragraph 1.);
2. Interest-free - Federal Law dated July 26, 2017 N 212 art. 809 clause 3: the loan agreement will be without interest rate, unless it expressly states otherwise.

By return date:

1. Urgent.
2. According to the creditor.

By purpose:

1. For child support due to one of the parents living with the child.
2. To receive valuable documents or papers.
3. Debt - about the transfer of a specific amount of money that must be returned within a specified period.

The most common type is a promissory note. It is drawn up in one copy and left to the creditor.

If the loan is provided for a short time (urgent), the repayment date is indicated in the promissory note. It is envisaged to formulate conditions for the repayment of the debt - in parts with the frequency specified in the contract.

In the case of issuing a loan in cash equivalent to a legal entity in accordance with Federal Law dated July 26, 2017 N 212-FZ Art. 809 paragraph 1., the debtor’s receipt is a mandatory condition, regardless of the amount.

Requirements for an uncertified receipt

According to the legal decision of the judge, the legal force of an uncertified receipt is manifested only if everything was done correctly when writing it. If the document is not certified, in this case its structure must be clear and correct, meeting the following requirements:

• a document of this type must be written by hand;
• The recipient of the funds must write the document in his own handwriting;
• there is a need to set the exact date of drawing up the paper, because its legal force has a period that is equal to three years;
• the document must include passport data of both the borrower and the entity lending money, indicating who is which party to this type of relationship;
• when the object of the agreement is not cash, but a specific item, you need to draw up a detailed description of all its qualities and characteristics;
• if the object of the agreement is a vehicle, then its engine number, model, make, body type, VIN code and color must be written down;
• you need to write in detail about the conditions for issuing a loan and the rules for repaying it;
• when funds are issued for use at interest, their quantity is clearly indicated;
• the data and amount of debt must be indicated in numbers and displayed in words;
• the currency in which the debt was transferred must be indicated;
• when renting out an apartment, when this is done against a receipt, you need to clearly describe all its characteristics, indicate what property is located there;
• the exact deadline for the return of borrowed movable or immovable property, as well as money, must be present.

After signing the paper, you need to decipher the signature, because only then will it be valid without notarization. If the amount of interest indicated on the receipt is equal to the bank loan rate, then the borrower is better off choosing the second option, because it is more practical.

According to the debtor's documents, it is worth additionally checking the information written on the paper, since unscrupulous people indicate incorrect data, and creditors are then unable to prove anything. Conducting a transaction using fake documents has become relevant, because it cannot be challenged, and scammers make money from it.

A receipt that is not certified by a notary has legal force if it is written correctly. The paper can indicate not only the object of the loan, interest, repayment period, but also what will happen if a person does not return the borrowed item or money on time. Having done everything according to this list, you can consider the receipt to be correctly drawn up, so you can do without a notary and additional cash costs.

Types of receipts

Specific types are not established by law; they can only be determined in practice, when money is borrowed against a receipt.

Documents are:

1. Subject, with and without interest.
2. Pointless, on bail.

Both versions of the debt obligation have legal force, although they do not have official status.

The types of debt guarantees to another person also depend on who exactly is involved in drawing up the documents. And what are the conditions - with a monthly payment, without interest, and so on.

Is it possible to repay a debt using an uncertified receipt?

Repayment of debt on an uncertified receipt is a reality. Even if the document does not specify when a person needs to repay the debt, the court will set a thirty-day period for its repayment, if the written agreement is properly executed.

At the time the debtor returns financial assets, which is also regulated by law, Article 811 of the Civil Code, the creditor undertakes to return the receipt to the second participant in this relationship. If the borrower’s obligations were not fulfilled, then the entity who gave him the money has the right to appeal to the magistrate, even if there is no notary seal.

During the trial, execution of the judge's decision will be possible if the injured party writes a petition.

To draw up this application, you need to fill it out according to this principle:

• indicate the name of the judicial authority to which the application of the injured party is sent;
• indicate your personal data in full;
• write information about the subject who acts as a debtor;
• describe in detail the essence of the claim against the defendant;
• attach all copies of important documents confirming that the applicant’s demands are justified and completely legal (promissory note).

The receipt must be notarized

Let's try to figure out what legal force a handwritten receipt has, what the consequences of non-compliance with obligations under this document are, and how to force the debtor to pay the debt or provide the promised services.

It is enough to refer to the Civil Code to understand what a receipt is and whether such a document has legal force in court. According to the law, this paper, drawn up in writing, can act as evidence of a transaction. This point is regulated by paragraph 2 of Article 808 of the Civil Code. Thus, the law contains the concept of a receipt and unambiguously answers the following question: in what cases is a handwritten receipt acceptable, does this document have legal force? Such a paper, written by hand, is essentially a loan agreement. It can also act as a service agreement.

Is certification required by a notary?

The following types of receipts can be distinguished : notarized and executed without notarization. The second option raises doubts: is a handwritten receipt not certified by a notary valid, is it different from an uncertified document? We can safely say that both options are legitimate and have a right to exist.

An agreement drawn up by a notary is more reliable. In practice, the debtor often repudiates his obligations under the receipt. In this case, it is easier to prove in court the obligations of the defendant to the plaintiff. In the absence of notarization, the plaintiff can defend his rights in court. But this will require more time and money - there is a need to conduct a handwriting examination.

Rules for drawing up receipts

The person who lends money is interested in the proper fulfillment of debt obligations. Therefore, it is so important to know under what conditions a handwritten receipt has legal force and what the rules are for drawing up this paper. The following points can be identified that need to be taken into account when compiling:

• The one who receives the money or service should write. Handwriting must be legible. If a person subsequently refuses to fulfill his obligations, it will not be difficult to prove his authorship. It will be enough to conduct a handwriting examination.
• The receipt must indicate the full names of the parties. Not indicating this data, writing instead a nickname, aunt, uncle and other options is wrong, this is a way to write a receipt so that it does not have legal force. Thus, it is impossible to count on receiving money through the court if the citizen’s full name is not indicated
• The receipt must contain the debtor's passport details. It is not uncommon for different people to have the same full name. Passport data will help prove the guilt of the debtor even if he has a full namesake. It is not necessary for the lender to provide passport details. The presence of a receipt from the debtor is sufficient evidence for the court.
• It is worth providing contact information and place of residence. This will help the creditor find the debtor, if necessary.
• All aspects of the transaction, conditions for the return of money or the provision of services must be described in detail in the receipt. Such a detailed description will help the parties protect their rights in court if the need arises. It is important to indicate the date of repayment of the debt or provision of the service.
• The receipt should be written carefully, without crossing out. This is due to the fact that possible blots and corrections may cause multiple interpretations of the paper.
• It is important to compare the debtor’s signature with the one in his passport. This precaution will help if it becomes necessary to prove the authenticity of the signature in court.
• It is better to use a ballpoint pen to write this document. Answering the question whether a handwritten receipt has legal force if it is written with a gel pen, capillary pen or other writing instruments, you can answer in the affirmative. However, papers written with such writing instruments are less durable. If a lot of time passes, the text may become unreadable. Then it will be difficult for the plaintiff to prove his position in court.

A correctly drawn up receipt will help the creditor defend his interests in court, and the debtor will not become a victim of fraud.

Common mistakes when compiling

Among the main requirements is the individualization of the borrower performing the function of a participant in the transaction. If this is not done, then the other citizen does not receive the money within the agreed period. It will be difficult to prove that the transaction took place.

For example, receipts that simply state the fact of accepting funds from one citizen to another do not have legal force.

Personalization usually includes:

• Passport information;
• Date of actual transfer of funds;
• Description of the borrower’s place of residence along with the type of activity;
• The exact time when the money is returned.

Without such information, the court will not accept receipts for consideration. Such mistakes are usually made by people who are in close family relationships. Then they try to simply forget about the possible negative consequences.

It would be incorrect to indicate only the intention to transfer funds. Then it is considered that there is no evidence.

Citizens often forget about the conditions under which funds are returned. Under such circumstances, the receipt is accepted as a donation agreement. And going to court becomes meaningless.

Do not confuse the concepts of bills of exchange and promissory notes.

This will only bring confusion into the very essence of the existing relationship. A promissory note is a strictly formal type of business document used by those engaged in commercial activities. The main purpose is to confirm the very fact of transfer of funds in large amounts.

A promissory note is similar only in the sense that it becomes evidence that the amount has been transferred. But the form and content have a completely different look.

Receipt – write or print?

The receipt can be written by hand or printed on a printer. Many people prefer to use this method because they doubt whether a handwritten receipt has legal force and whether it will be possible to subsequently force the debtor to fulfill his obligations. However, if a document is drawn up without certification by a notary, it will be more profitable to write it by hand.

A document printed using technical means will contain only the signature of the debtor. Proving that he signed the printed text can be a difficult task. In the case where the paper is handwritten, an examination can be carried out and the authenticity of the handwriting can be easily confirmed.

Thus, the question of whether a handwritten receipt works can be answered in the affirmative. This option is even more preferable compared to a printed document.

By hand

The requirements are the same as when following the general rules. It is important that the debt against receipt is drawn up with the data of each party. Only under such circumstances will the document be valid. Notarization is not required.

But it is permissible to carry out the procedure if both parties to the transaction agree with such a requirement. Then the written document is sent to a specialist. If a dispute arises with the citizen who wrote, a special handwriting examination is carried out.

Write all important information regarding the parties and the amount of money itself. Otherwise, it will not be able to become evidence in court proceedings. The form of writing does not matter.

Sample handwritten receipt

In what cases can handwritten receipts be made?

It is convenient to draw up an agreement in the form of a receipt. When writing this paper, it is not necessary to spend money on notary services. And drawing up such an agreement takes little time.

Since we have already found out how to draw up a handwritten receipt and whether this paper has legal force, we will consider cases when it is possible to use such an agreement. Not all contracts between citizens can be concluded in this form. For example, purchase and sale agreements for real estate, gift agreements and many others must be certified by a notary. When drawing up such an agreement, it is important to know whether a handwritten receipt has legal force in each specific case. There are cases in which it is permissible to use this document:

• A loan for an amount greater than 10 times the minimum wage. However, the transfer of smaller amounts into debt should also be documented - this way there is a greater chance of getting your money back if necessary.
• Another option is a receipt for delivery of money. For example, in the case of transfer of collateral, it is important to know whether the receipt for receipt of money has legal force, and how to write it correctly.
• It will be relevant to draw up such a document in cases where the parties agree on the provision of services;
• Renting a home is another option for using receipts. In this way, tenants can protect themselves from unscrupulous landlords. In such cases, it is important to understand in what situations it is worth drawing up a receipt for receipt of money and whether each specific document has legal force. In order to ensure the transparency of such financial relations, it is worth documenting in writing all payments for a rented apartment, as well as the payment of a deposit. In such cases, you can safely draw up a document in writing, without doubting whether the receipt has legal force in court, and count on the protection of your rights.

The debtor does not fulfill his obligations under the receipt - what to do?

There are often cases when the debtor does not want to fulfill his obligations under the receipt: to repay the debt, to perform the promised service. There are cases when the person who received the bail denies it. This behavior is explained by the fact that people do not understand the power of a handwritten receipt; they believe that such a document means nothing.

If a creditor finds himself in such a situation, the first thing he must do is formally demand his debt from his opponent. This can be done in writing. The ideal option is to send your request by registered mail with an inventory and notification of receipt. If the receipt did not specify the deadline for repayment of the debt or provision of the service, the debtor must fulfill the requirement within thirty days after receiving the request.

If the debtor has not responded to the letter, the creditor has every right to go to court to protect his rights, without doubting whether the receipt for money is legally valid.

The statement of claim must be sent to the magistrate's court. It is important to correctly determine jurisdiction. The plaintiff must go to court at the defendant’s place of residence. As evidence, a receipt and notification of receipt of the claim by the debtor can be attached to the statement of claim. It is also necessary to pay the state fee for court services and attach a receipt to the application.

It is important for the creditor not to miss the statute of limitations on such a claim. He can demand fulfillment of obligations for only three years. If you apply after the expiration of this period, regardless of whether the receipt has legal force in court, the plaintiff’s claims will most likely be refused. The exception is if there are valid reasons for delay. In this case, you can count on forced collection of the debt.

Knowledge of such aspects of the law is very important for all citizens. Having learned what a receipt is, what legal force this document has and how to draw it up correctly, you can protect yourself from scammers. Drawing up a simple written agreement does not require much effort or knowledge, but at the same time it can protect both the creditor and the debtor, help you get your money back and receive paid services.

conclusions

Based on the facts presented, the following conclusions can be drawn.

• a receipt for receipt of funds can be drawn up in simple written form, either in your own hand or printed;
• the receipt must contain a number of mandatory conditions, clearly defined and not giving rise to discrepancies;
• if, when transferring money, the parties did not draw up any document or drew it up in violation of the rules, they cannot refer to witness testimony;
• the receipt does not require mandatory notarization, however, going to a notary will provide more guarantees if we are talking about a large sum of money, and will also simplify the collection of debt if it is not repaid.

Does a promissory note that is not certified by a notary have legal force?

Does a receipt that is not certified by a notary have legal force and what regulatory document establishes this? We are considering paragraph 2 of Article 808 of the Civil Code of the Russian Federation, which defines the legal competence of drawing up a receipt specifically when the lender transfers funds to the borrower on certain, precise conditions. This rule applies to both borrowing between private individuals and the transfer of funds from a legal entity to a private individual.

In these cases, a promissory note is a confirmation of agreements and is equivalent to a loan agreement executed in a simple form. The Supreme Court determined that a receipt for the transfer of money is a document subject to consideration in court if a party fails to fulfill obligations and has legal force regardless of whether it is certified by a notary or not.

A receipt is a document, often handwritten, in one’s own hand, used to confirm certain actions that took place between two persons. A promissory note is used in civil legal relations, often involving the transfer of money from one party to another in fulfillment of obligations. Notarization is not always required by law. Private individuals do without notarization, sometimes inviting witnesses.

Turning to the Civil Code of the Russian Federation, Article 163, which describes the notarization of a transaction,

Correct promissory note. Compilation requirements

The need for documentary evidence is noted in the Civil Code of the Russian Federation, Art. 808 “Form of loan agreement.” Paragraph 2 states that confirmation of the borrower's obligations may be a receipt or other document confirming the transfer of the loan.

The fact that the document is drawn up in writing is indicated in the first paragraph of Article 808 of the Civil Code of the Russian Federation. This is the main feature of a debt obligation.

The basic rules for drawing up a document when a borrower receives a loan include the following requirements:

• compliance with the receipt form;
• reliable data that can be identified, passports are important;
• the amount of debt, which implies not only the accuracy of the numbers, but also the currency;
• the document must indicate that the document is confirmation of the loan agreement;
• the receipt may include information about the intended purpose of using the money (amendments to the Federal Law dated July 26, 2017, Article 814 of the Civil Code of the Russian Federation);
• it is advisable to provide for interest, but it is not recommended to overestimate it so that the court does not recognize the transaction as enslaving;
• the date of return will speed up the return of funds to the creditor, although the period may not be indicated (clause 1 of Article 810 of the Civil Code of the Russian Federation).

Correct IOU and witnesses

In relation to term loans, the date is a mandatory point. If it is not indicated, the money must be returned within 30 calendar days from the date of the lender’s request.

When a debt agreement is drawn up, witnesses may be present. This is not a mandatory rule, but is highly recommended. The number of witnesses from two people who also sign the document. Such circumstances will be beneficial for both parties to the transaction.

How to draw up a receipt without notarization

Article 163 of the Civil Code of the Russian Federation describes exactly what transactions are certified by a notary

We see that transactions are subject to mandatory certification in the following cases:

1. if provided by law;
2. if the parties have expressed such an intention.

Important. The law does not provide for the requirement that a receipt for receipt of money must be certified by a notary.

Legally competent certification occurs according to the following algorithm:

• the transaction is confirmed by the signature of a notary when drawing up the loan agreement.
• An attachment to the agreement is a promissory note confirming the fact of transfer of money from one person to another.
• An integral part of the set of documents is the agreement + receipt. It is in this form that the transaction is certified.

Considering that readers are interested in the legality of drawing up a receipt without a notary, which will have legal force, let’s consider how to draw it up correctly.

Correct promissory note certified by a notary

Obtaining a loan may also require notarization, which is provided for in Art. 160 Civil Code of the Russian Federation. Paragraph 3 of this article states that it is necessary to certify the promissory note by a notary if a trusted person signs instead of the borrower.

In this case, the conditions for using proxies should be taken into account:

• physical disabilities that do not allow you to sign a receipt with your own hand;
• illness;
• illiteracy of the borrower.

The signature of the authorized representative must be certified by a notary or another person having similar authority.

In addition, the law provides for two cases when notarization is necessary:

1. A joint decision between the lender and the borrower.
2. When the loan amount is ten times the minimum wage, notarization will be a good reason for legal action if the borrower does not comply with the terms of the agreement. (Federal Law dated June 19, 2000 N 82-FZ).

A certified document inspires more confidence, which encourages you to use the services of a notary.