As a result of late payment, it becomes necessary to calculate the interest. The amount of penalty interest can be established in the legislation or determined by agreement of the parties. Failure to comply with the written form of the forfeit agreement is void. When determining the amount of interest in the agreement, the principle of reasonableness must be observed.
Instructions
Step 1
Calculate the amount owed. The amount of the principal debt is confirmed by primary accounting documents: invoices, acts of work performed, acts of reconciliation of mutual settlements. Debt is taken into account from the moment the obligation is due.
Step 2
Determine the late payment period. One of the most controversial issues arising in court. As a rule, the debtor proves that the delay has arisen as a result of the guilty actions of the creditor, disputes the date of the start of the delay in payment. Consequently, before filing a claim, about the date of the delay, if possible, obtain written confirmation of the debtor.
Step 3
Calculate the penalty for the day of delay. To do this, multiply the amount owed by the interest rate. As a rule, late fees are charged in the amount of the refinancing rate. The rate is set by an indication of the Central Bank of Russia. When calculating on the basis of the annual refinancing rate, we indicate the discount rate in the numerator, and 360 in the denominator. For example, from 28.02.2011 the rate per day is 8/360.
Step 4
Finally, the amount of the penalty is: the amount for one day of delay multiplied by the number of days.
