In business practice, situations often arise when one organization is required to pay the obligations of another. This possibility is provided for by Article 313 of the Civil Code of the Russian Federation. In order for the payment for a third party to be recognized by all parties to the transaction, it must be correctly formalized.
Instructions
Step 1
First of all, find out if the final recipient of the money allows the fulfillment of obligations by a third party. Some companies, especially those established with the participation of foreign capital, as well as banks, do not accept such payments. Therefore, first make sure that your payment for another business will be credited.
Step 2
Making a payment for a legal entity involves the simultaneous formation or repayment of obligations between the debtor company and the paying company, therefore, a certain agreement must be the basis for payment. If your company has a debt to a legal entity for which the money will be transferred, you can repay it in part or in full with this payment. In the event that there are no debts, conclude a loan agreement.
Step 3
Ask the debtor for a formal letter asking him to pay for his obligations. Make sure that it contains: - the name and legal address of the debtor; - the full name of the creditor and his bank details; - the amount of the payment; - the purpose of the payment in favor of the creditor with a reference to the agreement under which the payment will be made; - the number and date of the agreement between your company and the debtor.
Step 4
Prepare a payment order based on the letter. Pay special attention to the purpose of the payment: it should contain the name of the debtor and references to the obligations that are extinguished as a result of payment, with the first indicate the agreement between the debtor and the creditor, and the second between the debtor and your company.
Step 5
For example, LLC "Autocentre" asks you to transfer 2 million rubles to CJSC "Avtoproizvoditel" for cars under contract No. 123 dated 01.10.11, for this your company and LLC Autocenter entered into a loan agreement No. 1 dated 01.12.11. The purpose of the payment will look like this: "For a batch of cars under contract No. 123 dated 01.10.11 for LLC Autocenter against settlements under loan agreement No. 1 dated 01.12.11, including VAT (18%)."
Step 6
Since the debtor does not have any documents confirming the fact of payment, send a copy of the payment order with a bank mark. To reflect the transaction in accounting, draw up and sign an act of offsetting mutual claims under the agreement specified in the payment order.
