Want to donate money but don't know how to do it? You need to sign a donation agreement Money, such as a budgetary institution or other type of organization in your particular case. After all, even such a good intention as a targeted donation to various charitable foundations and organizations, in accordance with the Civil Code of the Russian Federation, must be formalized in a certain way, through an appropriate agreement. In this regard, our specialists, located in the city of Cheboksary, have prepared an appropriate document for you so that you can download a simple written document for free without registration. type specimen(example) of the form (blank) of the contract of charitable donation of funds from an individual or legal entity legal entity(budgetary institution (BU), non-profit organization (NPO), government institution, federal state unitary enterprise, municipal unitary enterprise, school, hospital, church or temple), in accordance with the legislative acts of 2019.
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Donation agreement template from individual legal entity ---
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According to the article, a donation is a donation of a thing or right for general benefit. The donation agreement is a kind of donation agreement, regulated by the relevant article of the Civil Code Russian Federation and at the same time, it is not subject to the action (cancellation of a donation) and (succession upon donation) of the Civil Code of the Russian Federation.
Attention! Nuance #1. If a property donation agreement is concluded with a citizen, then the provision of a donation must necessarily be conditioned by the use of this property for a specific purpose. In the absence of such a condition, a donation of property to a citizen will be considered an ordinary donation. In all other cases, the donated property is used by the donee in accordance with the purpose of the property.
Attention! Nuance #1. If the donor doubts the integrity of the management of the institution to which he wants to transfer funds, then it is necessary to be guided by next instruction. Since the donation, according to paragraph 3 of Art. 582 of the Civil Code, is a targeted donation, then in order to exercise control in the concluded contract, the purposes and purposes of the funds transferred to the legal entity should be indicated. On the basis of the same norm, the donor has the right to exercise control over the use of the transferred funds for the purpose specified in the agreement. Unfortunately or fortunately, the law does not contain any rules governing such control, therefore, in order to implement it, a section should be included in the donation agreement that will contain a specific procedure, methods and terms for carrying out checks and control over the use of funds. And in case of detection of misuse of funds in violation of the established purpose, the donor has the full right to initiate trial, within which, on the basis of paragraph 5 of Art. 582 of the Civil Code, she may demand the cancellation of the donation, with the subsequent return of the transferred funds.
According to paragraph 1 of Article 582 of the Civil Code of the Russian Federation, a donation of a thing or right for generally useful purposes is recognized as a donation. Donations can be made citizens, medical, educational organizations, social service organizations and other similar organizations, charitable and scientific organizations, foundations, museums and other cultural institutions, public and religious organizations, otherwise non-profit organizations in accordance with the law, as well as to the state and other entities civil law specified in (subjects of the Russian Federation: republics, territories, regions, cities of federal significance, autonomous region, autonomous regions, as well as urban rural settlements and other municipalities).
As follows from the definition of the donation agreement, things and rights, including: real and movable property, cash and documentary securities, other property, including non-cash funds, non-documentary securities, property rights; results of work and provision of services; protected results of intellectual activity and equivalent means of individualization (intellectual property).
In cases where the use of donated property in accordance with the purpose indicated by the donor becomes impossible due to changed circumstances, it may be used by the recipient of the donation for another purpose, but only with the consent of the donor, and in the event of the death of a citizen-donor or the liquidation of a legal entity - donor court decision.
Accordingly, the use of the donated property not in accordance with the purpose specified by the donor or the change of this purpose without the consent of the donor gives him the right, as well as his heirs or other legal successor, to demand the cancellation of the donation.
Most often, donation agreements are concluded between commercial organizations (donors) and various types of budgetary organizations (schools, kindergartens, boarding schools, hospitals, etc.).
A budgetary institution is a state-owned company that is formed to perform various social tasks and in no case does not imply any benefit.
Most of the questions regarding donations are regulated by Article 582 of the Civil Code of the Russian Federation. It covers questions about:
If the donor indicated exactly how his gift should be used, but they prefer to use it in a different way or in violation of the rules, then the successor (or donor) has the right to demand the cancellation of the transfer.
In parallel with this, Article 582 of the Civil Code of the Russian Federation does not include any special requirements regarding the execution of a donation agreement.
Based on this, the general provisions specified in Articles 158 - 165 of the Civil Code of the Russian Federation apply to such legal relations, and the rules regarding deeds are prescribed in Article 574 of the Civil Code of the Russian Federation. Concerning donation in oral form rules are not mentioned.
Important nuances
Budgetary institutions are legal entities, on the basis of which, whoever the donor is, the need for a written form is mandatory. In parallel with this, religious companies are also legal entities, but this does not prevent them from using urns for donations.
According to Article 574 of the Civil Code of the Russian Federation, a documentary form is mandatory if an agreement is signed regarding the conclusive structure (a kind of promise regarding donations in the future).
Sample
It is allowed to conclude an agreement on donation in writing and orally. The form is established at the request of the benefactor and the donee.
A budgetary institution must form a donation agreement without fail if:
- the donor is a legal entity, and the cost of the gift is over 3 thousand rubles;
- the philanthropist promised to pass on the donation in the future.
Minor children and incapacitated individuals cannot act as a donor to a budgetary institution. To be able to accept a donation to a budgetary organization, there is no need to ask anyone for permission. In other words, it is impossible to refuse to receive such an income option.
To sign the agreement, the philanthropist must necessarily contact the department of a budgetary institution, or, with the help of the media, find out the necessary details. The donation option directly depends on the desire of the donor to be “in the shadows”.
In order to avoid any problems with tax office, it is mandatory to sign the agreement in writing. If it does not contain a condition on the direction of the use of the donation, then it can be used for its intended purpose.
Basic conditions agreement on the issue of donation to a budgetary organization is considered to be:
- mandatory use for useful public purposes;
- existence of the fact of gratuitousness;
- the existence of a procedure for reporting on the use of donations;
- the period of the contract;
- a specific description of the subject matter of the agreement (where it is located, its detailed specifications and so on).
In the process of forming an agreement, it is imperative to pay attention to such nuances, How:
- It is not allowed to use ambiguous wording in the text of the agreement. In other words, each sentence must convey a specific essence.
- The purpose for which the donation will be made must be indicated.
- It is strictly forbidden to indicate such formulations as a goal: "For the development or the needs of a budgetary organization." It should be something like this: "Donation of money to buy computers."
Kinds
A donation to a public institution can be several types:
- donation of property;
- donation of funds.
Let's consider each of them in more detail.
This kind of donation means Possibility of verbal or written agreement. However, if we are talking about any real estate, it is mandatory to draw up a written agreement, and its registration is not required.
The generalized features of the agreement are provided for in Article 582 of the Civil Code of the Russian Federation. Detailed details and components of the content of the contract are agreed with the lawyer of the budgetary organization.
This is necessary in order to cover all the specifics of the direction of the company's labor activity within the framework of the legal relationship between a budgetary institution and a donor.
Main nuances, which should be contained in the text of the agreement on property, have the form:
- What is the subject of the donation (meaning movable or immovable property that has not been withdrawn from civil circulation). It should be described in detail in the contract indicating the characteristics, otherwise the contract is considered invalid.
- What is the main purpose of the property.
- Method of transfer (by personal transfer or through a proxy).
- The period for reporting on its application (regularity).
- Rights and obligations of each of the parties to the agreement.
- What exactly is the procedure for resolving a possible misunderstanding between the parties.
If the property is subsequently used for other than its intended purpose, the transaction will be canceled, which entails its return to the donor in a judicial proceeding.
There are often situations in which budget institutions donate any amount of money. For example, for the purchase of any equipment, medicines, and so on.
The donor has every right transfer money:
- in cash to the accounting department;
- or by transfer to the details of the settlement account of a budgetary institution.
For the first option, it will be mandatory to draw up a written agreement. As for the second method, there is no need to sign a contract.
In the case of a donation of funds, it is mandatory to indicate the currency in which the money will be transferred. The size is indicated not only in numbers, but also in words.
Donation is one of the forms of donation. Such transactions are characterized by a targeted transfer of funds. To document the transaction, a donation agreement is filled out. This is especially true in transactions between legal entities. The form does not have a fixed form. At the end of the article, you can download an approximate sample that meets the requirements of the Civil Code of the Russian Federation.
The donation agreement is drawn up according to the same rules as other business papers. At the beginning, enter the name of the document, the city where it was signed, and the date of execution. Further, the preamble contains the data of the parties, which, within the framework of legal relations, are referred to as the "Donor" and "The Done".
- Subject of the agreement. It should be indicated what exactly (cash, real estate, things, and so on) and for what purposes is transferred by the donor.
- Rights and obligations of the parties. A specific period is set for the donor, within which he undertakes to transfer the property indicated in paragraph 1. The donee, in turn, must use the gift only for its intended purpose. If due to any circumstances this becomes impossible, its use for other purposes will require the written consent of the donor.
- Responsibility. It is mentioned here that in the case misuse property agreement can be cancelled.
- Other conditions. These include the effective date of the contract, the procedure for amending and resolving disputes.
- Party data. Indicate the addresses of organizations and their Bank details. In the case of individuals, the place of registration, passport data and contact information are entered.
- Signatures of the parties.
The donation agreement is drawn up in two copies. Each party is given one form.
The document can be supplemented with other items. In particular, a subheading dealing with dispute resolution is included. For this, the parties go to court. Another point that is sometimes singled out as a separate item is the conditions for terminating the contract. It is necessary to provide for the possibility of refusal of a donation by the donee and cancellation of the transaction by the donor.
What can be donated
The key point of the document is a clear definition of the subject of the contract. In addition to the name, its characteristics are included in the text.
You will need to specify:
- For cash - amount and currency.
- For things - everything significant features, including wear and tear and existing shortcomings.
- For land plot- the presence of third parties with ownership of the site.
Difficulties often arise in the transfer of land. Be sure to indicate whether there is an encumbrance. For example, there is a building on the site that is not owned by the donor. Then its owners will continue to use the object and the part of the land necessary for this.
On the other hand, if a building is given as a donation, the site occupied by this object also departs with it.
Who can act as parties to the transaction
The contract can be concluded both with the participation of individuals and between legal entities. In the case of organizations, expenditure transactions must be documented. This rule also applies to donations.
You can donate money or property for the intended use:
- individuals;
- scientific and educational institutions;
- medical and educational institutions;
- religious organizations;
- cultural organizations;
- any subjects of the Russian Federation.
The Civil Code of the Russian Federation does not establish restrictions on what exactly can be transferred as a donation. Registration of transactions with any property that may be useful to society is allowed. From the side of the donee, no one's permission is required to accept the donation.
Important! A donation agreement can be concluded between legal entities provided that at least one of them is not a commercial organization.
In some cases, restrictions are placed on the scope of persons who can act as a donor. When it comes to donating political party, municipal institutions along with other persons cannot transfer property or money. In addition, citizens of foreign countries do not act as donors.
Is it possible to conclude a deal through an intermediary
The law allows the conclusion of a donation agreement without the personal presence of the parties. In this case, the representative must have with him:
- from an individual - a notarized power of attorney;
- from a legal entity - a simple power of attorney.
Before signing the document, make sure that the power of attorney is valid. This must be done, as it can be withdrawn at the time of the transaction. To protect themselves, the other party has the right to request a copy of the power of attorney.
If the form is signed by a representative, his data will need to be indicated in the introductory part of the document, along with information about the donor himself (or the donee).
What is the difference between donation and donation
Although donation is often associated with giving, on the basis of Article 582 of the Civil Code of the Russian Federation, it can be said that there are fundamental difference. Where to send the funds transferred as a gift, the recipient decides.
A donation under the Civil Code of the Russian Federation is a purposeful gift. As an example, funds can be donated to treat an illness or to purchase basic necessities.
When concluding an agreement, the donor has the right to specify not only the purpose of the transfer of funds, but also the method of monitoring compliance with the conditions set. If it turns out that the donation is not used for its intended purpose, its former owner has the right to revoke the agreement.
The text of the document is prepared by the donor. The donee is given a choice: to accept the transferred funds or to refuse them. Accepting a donation on your own terms is illegal.
A donation agreement under the Civil Code of the Russian Federation allows you to transfer money, things or property to the other party free of charge for use for certain purposes. The document provides for monitoring compliance with the conditions. Its uniform form has not been established. You can download a sample from the link below.
funds to an educational institution for specific purposes Gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Donor”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Done”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Donor undertakes, on a voluntary basis, to transfer to the Donee the property for the purposes specified in this Agreement, free of charge, funds (hereinafter referred to as the Agreement) Donation in the amount of: rubles. Educational institution has the right to attract additional financial resources in accordance with the procedure established in paragraph 8 of Article 41 of the Law of the Russian Federation “On Education” at the expense of voluntary donations and target contributions of individuals or legal entities, including foreign ones.
1.2. The donation is transferred to the property of the donee for the following purposes:
1.2.1. Functioning and development of the Educational Institution;
1.2.2. Implementation of the educational process;
1.2.3. Interior arrangement;
1.2.4. Carrying out repair work;
1.2.5. Acquisition of household items;
1.2.7. Ensuring the safety of preschool educational institutions;
1.2.8. Development of a subject-developing environment;
1.2.6 other purposes.
1.3. Specified in clause 1.2. purpose of use Donations correspond to the purposes of charitable activities defined in Article 2 federal law No. 135-FZ of August 11, 1995 "On charitable activities and charitable organizations."
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Donor transfers the Donation to the settlement account of the Donee within days from the date of signing this Agreement.
2.2. The donee has the right to refuse it at any time prior to the transfer of the Donation. The refusal of the donee from the Donation must be made in writing. In this case, this Agreement is considered terminated from the moment the Donor receives a written refusal.
2.3. The donee is obliged to use the Donation solely for the purposes specified in clause 1.2. actual agreement. In accordance with paragraph 3 of Article 582 of the Civil Code of the Russian Federation, the donee is obliged to keep a separate record of all transactions involving the use of the Donation. On the use of the Donation, he is obliged to provide the Donor with a written report, as well as give the Donor the opportunity to get acquainted with the financial, accounting and other documentation confirming intended use Donations.
2.4. If the use of the Donation in accordance with the purposes specified in clause 1.2 of this Agreement becomes impossible due to changed circumstances, then the Donation can be used by the Donee for other purposes only with the written consent of the Donor.
3. RESPONSIBILITY OF THE DONE
3.1. The use of the Donation or its part is not in accordance with the provisions of clause 1.2. of this agreement with the purposes leads to the cancellation of the donation agreement. In case of cancellation of the donation contract, the Donee is obliged to return the Donation to the Donor.
4. OTHER TERMS
4.1. Genuine contract comes into force from the moment of its signing by the parties.
4.2. All disputes arising from this Agreement will, if possible, be resolved by the parties through negotiations and are resolved in the manner determined by the civil procedural legislation of the Russian Federation.