Mutual settlements between organizations: drawing up an agreement, necessary documents, forms of forms and rules for filling out with examples

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The most important component of an enterprise's accounting system is the maintenance of its settlement system. This element can be called the most important, since money in any enterprise is much more important than the internal movement of goods and balances in warehouses.

In the conditions of fierce competition, it is very difficult to carry out mutual settlements at large enterprises, when goods can be sold on credit, since there is no complete confidence in the solvency of the client.

Mutual settlements are a mechanism for direct redistribution of income from the sale of goods and services between organizations directly involved in the sale of specific goods (services). Unlike the previously existing income redistribution mechanism, mutual settlements between communication organizations are carried out on a contractual basis for a certain volume of goods, taking into account the guidelines developed for each company.

Concept and essence

From a legal point of view, offsets and mutual settlements are a dealcivil law, that is, the actions of subjects of civil law relations aimed at the emergence, change or termination of civil rights and obligations (Article 153 of the Civil Code of the Russian Federation). Accordingly, mutual settlement is a transaction aimed at the termination of civil rights and obligations.

Mutual settlement as a type of civil transaction is not regulated directly by the Civil Code of the Russian Federation. The specified regulatory document, as one of the ways to terminate obligations, indicates only the possibility of compensation for mutual claims (Article 410 of the Civil Code of the Russian Federation) between two persons. However, by virtue of paragraph 2 of Art. 421 of the Civil Code of the Russian Federation, which enshrined the principle of freedom of contract, the implementation of clearing operations with a large number of participants is quite acceptable, since these operations do not contradict the essence of civil relations.

The legal basis for mutual settlements is determined by the rules of civil law on the compensation of mutual claims. At the same time, in some cases, for mutual settlement, it is necessary to carry out other transactions, in particular, the transfer of the right to claim (Article 382 of the Civil Code of the Russian Federation).

Mutual settlement is an agreement between the parties of civil law relations on the mutual termination of certain obligations in a fixed amount in relation to each other.

The important point is the fact that:

• obligations bring uniformity;
• A deadline has been set for meeting time commitments.

Settlement cannot be completed if:

• the obligation of either party is related to compensation for harm caused to he alth, payment of alimony;
• for the obligations of either party, the statute of limitations has expired;
• concluding a settlement agreement is expressly prohibited by law or contract.

In business activities, organizations interact with each other as contractors, suppliers and buyers. The most important part of working with contractors is accounting. Mutual settlements show where part of the financial resources of the organization and the main sources of these funds are located. Thus, the amount of money that can be directed to the further turnover of the company depends on the timely monitoring of mutual settlements.

Mutual settlements are carried out in the context of counterparties and settlement documentation in the context of concluded contracts.

The calculation is made on the basis of accounting according to primary documents.

Accounting for settlements allows you to determine the total amount of debt for any period of time, as well as understand when and under what documents it appeared.

Requirements for organizing a settlement system

When working with regular customers, as a rule, mutual settlements are carried out in accordance with a scheme developed through negotiations between the parties. This system is good for everyone.participants.

There are some requirements in this area that must be strictly followed.

Requirements for the system of settlements between enterprises:

• truthfulness;
• output of settlement data should be quick and easy;
• debt management capability;
• detailing reports of any complexity.

This system includes two subsystems: the first characterizes the movement of goods (warehouse), the second - the movement of money (cash finance). Both of these subsystems are inseparable from each other and participate in mutual settlements.

Types of settlements

Mutual settlements can be divided into several types, of which three are the largest:

• payments for orders: in the case when the payment is made for a specific customer order;
• Contract Settlement: All purchases and sales are subject to a contract signed between the parties. It can be selling goods on credit or buying in advance;
• Invoice payments: In this case, the purchase or sale is paid separately for specific invoices.

Thus, mutual settlements represent a direct redistribution of income from the sale of goods or services between organizations that provide services or sell goods.

To put it simply, it is the buying and selling of goods. Conducts all settlement operations in most cases, an accountant-economist, he is also responsible for all reporting documentation for mutual settlements.

For quality control in modernconditions, you just need to use high-quality software.

As a rule, a competent reflection of current operations allows the company to quickly and timely receive any information about the status of mutual settlements between counterparties.

Key Documents

Among the settlement documents are:

• documents for the shipment of products (waybills, acceptance certificates, sales certificates, etc.);
• payment documents (payments, consumables, orders);
• documents - the basis of transactions (contracts, specifications).

According to the nature of the documentation, mutual settlement transactions can be divided into the following:

• simple - when only shipping and payment documents are processed;
• invoice transactions - shipping and payment documents are processed based on invoices;
• transactions under contracts - shipping and payment documents are drawn up under contracts.

Settlement agreement

A settlement agreement between organizations implies the repayment of debts of several companies to each other.

This situation is possible if both companies operate under the same or different contracts simultaneously with buyers and suppliers. The procedure can be initiated when there is a debt for the goods provided or services provided by both parties, which cannot be repaid in the near future.

Offsetmay be carried out in full amount of the debt or only for a part of the amount of overdue payment under the contract. Civil law imposes such requirements on the debts of enterprises that are planned to be offset by netting.

The main requirements for settlements under the settlement agreement between organizations are as follows:

• settlement implies that both parties have financial claims against each other due to delayed payments under existing contracts;
• possible settlement agreement between organizations, if the obligations are homogeneous - they have the same indicators (if it is a cash equivalent, then the settlement currency must match);
• accepted deadlines for the fulfillment of contractual obligations in relation to payment for goods, works or services.

The Settlement Agreement cannot be applied if:

• the debt was formed in accordance with the amount of compensation for harm caused to the he alth of an individual or his life;
• debts were formed on writ of execution to recover alimony;
• The statute of limitations has expired (Article 411 of the Civil Code of the Russian Federation).

Typical settlement agreement between legal entities implies an indication of the exact amount of debt of both parties to the agreement with the allocation of VAT. To do this, at the stage of preparing the contract form, mutual reconciliation of settlements is performed. The agreed act of conciliation is attached to the contract along with documentation substantiating the factarrears.

The settlement agreement between organizations (a sample can be seen below) implies the following details:

• date and place of conclusion of the contract;
• name of parties;
• names of company representatives with supporting credentials;
• list of financial obligations to be repaid;
• indicating the terms of mutual settlements.

At the end, a phrase is required stating that when the date of entry into force of the provisions of the agreement comes, the details of the parties of their address should be indicated. At the end of the document, there must be signatures of authorized persons and seals of companies.

The settlement agreement between an organization and an individual and its features will be considered further. With this type of settlement, one party is the creditor, the second is the debtor. Features of this type of calculation are as follows:

• homogeneous nature of claims (financial);
• clear deadlines;
• possibility of settlements not for the entire volume of debts at once, but in parts;
• possible if there are at least two obligations between the parties (debt and its payment).

Characteristics of Sberbank bills

Let's take a closer look at what a Sberbank bill is for mutual settlements between organizations. Any bill, regardless of the purpose of creation and the person who issued it, is primarily a valuable document. He is significantfulfillment of an obligation for which the debtor pays a certain amount of money to the creditor after a certain period of time.

Promissory note is used for mutual settlements between individuals and between organizations, including between financial institutions. Sberbank is one of them. Such bills act as a universal method of payment. The bank issues them for fast payments for the supply, sale of goods or the provision of services. In addition, the account can be used as collateral when receiving a loan product from a bank. But the Sberbank bill is most often used for settlements between organizations.

The bill of Sberbank for mutual settlements between organizations contains security, which confirms the bank's obligation to the holder to pay a certain amount for a certain period. The bill is required for settlements, its registration can be carried out at any branch of Sberbank.

Promissory note is an A4 document. It includes the amount the customer has deposited. In addition, the city and date of issue are indicated.

A bank promissory note is a security that contains a written debt obligation of a banking organization to the holder of the bill.

This tool provides the following benefits:

• convenient and fast payment for services, works and goods;
• profitable investment for profit;
• use as a guarantor when receiving loan funds or guaranteesfrom the bank.

Promissory note programs provided by banks resemble depository programs: the client invests funds, and in return receives something from a banking institution, similar to an IOU. Thus, the bank confirms that the funds are accepted and undertakes to return them on the appointed day.

An interest-bearing bill means an indication of the interest that is accrued on its amount. Nominal interest amounts can be expressed both in rubles and in another currency. To receive such a bill, you must deposit money, which is a nominal valuable IOU.

This type of Sberbank bill is the most popular tool because it is very similar to a deposit.

The usual discount bill does not specify the conditions for the accrual of funds at face value, which can be used in rubles or foreign currency. To receive it, you need to deposit an amount equal to the value of the contract for the future sale of the security. The recipient's income is calculated as the difference between the sale price and the face value.

The bank account is paid by Sberbank units that are allowed to carry out such operations. These may be branches of a banking organization.

Sberbank also provides other promissory note services:

• Exchange of bills. Thus, the account holder can exchange one bill for several others that have a lower face value, or receive several bills for one higherface value
• Storage location. Sberbank provides each recipient with the opportunity to store certificates of deposit and bank bills. The customer determines the retention period.
• Delivery and issuance of securities. To eliminate the risks associated with the self-movement of securities, you can entrust the bank with the issuance and delivery of purchased certificates of deposit and bills of exchange at the place of residence. This benefit can only be used by legal entities.

Cash payments

Most often, non-cash payments are used between legal entities, since when paying for goods or services, there is almost always a movement of large sums of money. Mutual settlements between organizations for cash have a number of features.

To pay in cash, you need to spend extra money to organize payment security.

Another disadvantage of cash is that it is much more difficult to track accuracy in the accounting plan.

In our legislation there is a restriction on cash payments in cash for mutual settlements.

One of the rules for regulating money circulation between legal entities is the Directive of the Central Bank of the Russian Federation 1843-U dated 06/20/07.

Based on clause 1 of the Instruction, the maximum allowable amount of cash payments between firms is 100,000 rubles under one contract.

This requirement does not apply to the following typescalculations:

• after wages;
• when issuing accountable amounts.

The limit occurs when cash payments are made between:

• organizations;
• organization and individual entrepreneur;
• several individual entrepreneurs.

This limit applies to single agreement payments.

For example, if two individual entrepreneurs signed a contract for more than one hundred thousand rubles, it is impossible to fully deposit cash, you will have to pay in two parts:

• one hundred thousand pay in cash;
• pay the balance by bank transfer.

Letter of settlements and its characteristics

The letter of mutual settlements between organizations does not have a strict form, but there is a list of information requirements that must be indicated in it.

Composing such a letter is possible only in cases where the deadline for cash settlements has expired.

A letter of mutual settlements between organizations (a sample is given in the article) should contain the following information:

• place and date;
• name and details of organizations;
• F. Acting representatives;
• information about the amounts of debts;
• effective date;
• addresses and details, print sides.

Act of reconciliation of settlements

To reconcile mutual claims with a counterparty, it is necessary to draw up an act of reconciliation of mutual settlements between organizations. Initially it is necessarydraw up an agreement on mutual settlements with a breakdown for each concluded contract (if there were several).

This will determine the exact amount of debt that can be repaid by offsetting. It is also necessary to draw up an act in the context of contracts concluded with the counterparty. This will determine the exact amount of debt that can be repaid by set-off. There is no need to put a seal on the act. This is done in accordance with the customs of business.

The value of this document is quite large. It reflects the reconciliation of settlements and fixing the absence of debt. It also allows counterparties to protect themselves from further claims.

The legal end of the signing of the act can also be considered the reflection of the debt of one of the parties to the contract to the other with the recognition of the debt.

Such an act does not apply to the primary, as it does not meet all accounting requirements. It only confirms the existence of debt according to the primary documents of counterparties.

Registration of the act of mutual settlements begins with an application sent to one of the organizations of the other. The debt itself can be defined on the basis of the act of reconciliation.

It is necessary to take into account two important points when drawing up the form of the act of reconciliation of mutual settlements between organizations:

• you can only pay in cash;
• these debts should not be related to the return of alimony and compensation for damages.

Features of settlements betweennetwork organizations

The legislation on regulating tariffs in the electric power industry is based on the fact that mutual settlements for electricity transmission services must be carried out on economically favorable terms and cannot lead to market participants not receiving the required gross income. Despite the rather serious and even excessive regulation of the behavior of the parties, in practice there are contradictory situations that are associated with the implementation of mutual settlements between grid companies.