Have you ever seen an additional target contribution or fee on a receipt?
In ordinary life, we encounter situations where legal uncertainties affect us directly. This, for example, happens when an HOA is created in your house, and you are or are not a member of it. And the competencies of the general meeting of HOA members and the general meeting of owners of premises in an apartment building often in life clash with each other.
Let me remind you that the competence of the general meeting of owners of premises in an apartment building is defined in Part 2 of Article 44 of the Housing Code of the Russian Federation. The competence of the general meeting of HOA members in accordance with Part 2 of Article 145 of the Housing Code of the Russian Federation.
Essential terms of the donation agreement
First, the parties must agree on the deal. If property is transferred to a legal entity, the DP must indicate the condition of use strictly for its intended purpose. In the absence of such a condition, the transaction is considered an ordinary donation.
There are other criteria:
- It is obligatory to refer to the item - property transferred under the DP. Without providing information about it, the document is considered void and the consequences of invalidity apply.
- You can draw up a real DP, which will be considered executed at the moment of transfer of the gift. It is permissible to draw up a consensual agreement with a deferred execution, containing a condition for the promise of a donation.
- When donating to individuals, a condition must be indicated regarding the use of the gift for its intended purpose, otherwise the transaction is recognized as an ordinary donation, but is not considered invalid.
Legal advice: indicate in the DP all important details: methods of using the property, date of transfer, conditions precedent, deadline for execution. This will avoid misunderstandings between the parties.
Elena Plokhuta
Lawyer, website author (Civil law, 7 years of experience)
What can you donate under the agreement?
You can donate anything to a non-profit institution:
- goods (sports equipment, building materials, etc.);
- services (repair, construction, classes);
- medicines;
- materials for teaching children;
- land plots in municipal ownership;
- cars and other vehicles;
- equipment;
- household appliances, electrical appliances;
- clothes, shoes;
- real estate.
It is important to note that other laws may impose restrictions.
For example, only new clothes are suitable for donating to children's institutions; old ones may not be accepted so as not to violate sanitary standards.
Characteristics and elements of the donation agreement
A donation is a charitable agreement concluded verbally or in writing. It is a special type of donation.
It contains several elements:
- Parties: donor and recipient.
- Subject: property transferred into the ownership of the donee free of charge for general beneficial purposes.
- Form: a written DP (hereinafter referred to as DP) is required when alienating real estate, donating a gift worth more than 3,000 rubles, or promising a donation in the future.
Features of donation are regulated by Ch. 32 of the Civil Code of the Russian Federation, with the exception of Art. 578 and 581 - they do not apply. The difference from a regular gift agreement lies in the purpose - they must be socially useful:
for example, the donor has the right to transfer money to a charitable foundation or other non-profit organization; donate other property that is of benefit to the donee and people.
Complete the survey and a lawyer will share a plan of action for a gift agreement in your case for free.
Donation Examples
Let's look at a few examples of donations - verbal, written or through an offer. The latter is relevant for Internet users.
Writing:
The construction company agreed with the school management to supply materials of its own production for the construction of a sports ground. To make everything official, the parties entered into an agreement. Materials were delivered within the specified time frame and labor was provided. Everything is paid for by the donor.
After the facility was handed over, a representative of the donor organization arrived at the site and discovered an equipped football field. He decided to challenge the contract, citing the fact that in its place there should have been a full-fledged training ground with horizontal bars, a tennis court, and a volleyball field. However, the court refused to satisfy the demands, citing the lack of a specific purpose for the donation. In fact, the sports ground has been built; there can be no complaints against the recipient.
Through an offer on the Internet:
A video blogger-lawyer maintains a blog on YouTube, talking about legislative changes in the social sphere. Its activities are based on a voluntary basis, not on commerce. It tells users about benefits and registration methods, and helps the population better understand the laws.
The blogger’s channel has a “donate” button, with which users can donate money voluntarily. It is not necessary for a blogger to register as an individual entrepreneur, LLC or NPO - he has the right to accept assistance for the development of the channel as an ordinary individual.
The moment of concluding such a DP is considered to be the time of transfer of funds to the blogger.
Oral:
The animal protection organization placed plastic boxes in several stores to collect funds - donations for the treatment and care of animals. People put money there, this is considered the moment the contract is concluded.
