LawRegulatory Compliance

The act of transferring documents - when and why it is required

The conclusion of any transaction requires documentary confirmation. In addition to drawing up the necessary documents, it is often required to transfer official papers from one individual or legal entity to another. Such transfer is a legal procedure and requires the necessary written form. Documentary evidence of the event is an act of transfer of documents, drawn up in a certain form and signed by all participants.

Such an act is legally justified on the condition that it is compiled in accordance with the rules of record keeping and the availability of all necessary signatures. A single bank or a unified form does not exist for all cases, since situations requiring the transfer of documents are very diverse. Therefore, the form of this document in each specific situation is different.

In general, the document consists of three compulsory parts. The first part, immediately after the title "Act of Acceptance and Transfer of Documents" (a sample, usually for each type of document), dates and place of compilation, contains the requisites of the transmitting and receiving parties. For individuals this is the full name and passport data, for organizations - full name and data of representatives. If the documents are transferred between different departments of the same organization, you must specify the names of the structural units (the transmitting and receiving), as well as the names of representatives.

In the second part, the transfer act contains the actual list of documents transmitted, indicating the serial numbers and registration data reflected in the accounting documents. It is most convenient to arrange such a list in the form of a table.

In the last part of the act, the number of copies compiled and the signatures of the parties must be indicated. For representatives of organizations next to the signature, it is necessary to indicate the positions and to give a transcript of the signatures. The certificate must also be certified by the seal of the organization.

In case of transfer of especially important documents, the transfer certificate is drawn up by a special commission created by the order of the head. In this case, the signatures, names and positions of all members of the commission are mandatory.

Reverse transfer of documents is possible only on a special application of the established form with the transfer of documents transferred. If some of the documents are lost, this should also be reflected in the application.

In what cases should the act of transfer be drawn up ? In the personnel workflow, the transfer of documents from one employee to another is made in cases of leave, dismissal, transition to another department. In addition, this act is drawn up when documents are handed over to the archive for storage or destruction. All necessary information about the movement of documents is reflected in a special magazine or folder. The act of sending and receiving documents must contain a complete list of them, regardless of the number of sheets or volumes.

For a legally competent and properly drafted act of transfer, the personnel service of the organization must have a list of the necessary regulatory documents. The compulsory documents of the personnel service include a provision on wages, internal regulations, employment contracts, staff schedules, orders for personnel, vacation schedules, personal cards of employees and their work books, employee applications for leave and dismissal, and several others.

Particularly responsible process is the acceptance and transfer of labor books, in the case of loss of which the recovery process is associated with considerable difficulties. Also the most important document is the book of record of labor books, containing signatures of both employees and dismissed. The transfer of labor books is recommended to be carried out in the form of a separate annex to the act specifying the series and number of each book, including unclaimed ones.

In some cases, the transfer of copies of documents is provided, mainly this applies to secret or legal documents or documents of strict accountability.

In the event of the loss of certain documents and the appearance of disagreements on this matter, the act of acceptance and transfer is the main legal basis for resolving disputes. Therefore, its correct design is so important, it is better if it is produced by a specialist with experience in working with documents.

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