The procedure for conducting cash transactions established by the Central Bank is mandatory for all organizations and entrepreneurs, regardless of tax regime which they apply. Important changes occurred in August 2017, when the procedure for conducting cash transactions in the Russian Federation was updated, and we already wrote about this earlier, but here we will consider the basic rules for maintaining a cash register and the procedure for accounting for cash transactions.

Rules for conducting cash transactions

The movement of cash is present in almost every subject entrepreneurial activity, while all the "cash" must go through his cashier. Settlement and cash operations are the acceptance and issuance of cash, all cash settlements between firms and / or individual entrepreneurs, as well as their cash settlements with banks and individuals, including with their own employees.

The cashier must conduct cash transactions, or another employee appointed by the head, or the head himself. Depending on the volume and number of cash desks, there may be several cashiers, all of them are financially responsible.

in Russia regulation cash transactions are carried out by the Central Bank. Today, the main rules are contained in the following documents:

• Instruction of the Central Bank No. 3210-U dated March 11, 2014 on the procedure for maintaining a cash desk by legal entities, and its simplified management by individual entrepreneurs and small businesses (SMEs);
• Instruction of the Central Bank No. 3073-U of 07.10.2013 on the limit of cash settlements between legal entities and individual entrepreneurs.

The firm and individual entrepreneur independently determine:

• how will the safety of cash be ensured during storage and transportation,
• the procedure and terms of checks of "cash" at the checkout.

The organization must establish by order of the head the maximum amount that can remain in the cash register at the end of the day - cash limit. Overlimit money must be transferred from the cash desk to the bank, except for paydays and weekends (if transactions are carried out on weekends). The limit is calculated according to one of two formulas: from the volume of proceeds, or from the volume of cash withdrawals (Appendix to Directives No. 3210-U). Individual entrepreneurs and SMPs may not set a cash limit, accumulating their revenue without restrictions.

The current procedure for conducting cash transactions limits cash settlements between business entities to the amount of 100 thousand rubles. under one contract. This limit is valid for legal entities and individual entrepreneurs, and does not apply to settlements with ordinary individuals.

Documentation of cash transactions

Any cash transaction must be documented with primary accounting documents. An exception is made only for individual entrepreneurs who keep records of their tax indicators, according to the Tax Code of the Russian Federation (for example, in KUDiR) - they may not fill out cash documents (clause 4.1. Instructions of the Central Bank of the Russian Federation No. 3210-U).

The forms of the cash "primary" are unified, they are approved by the resolutions of the State Statistics Committee No. 88 of 08.18.1998, No. 1 of 01.05.2004 and agreed with the Central Bank, independently developed forms cannot be used for cash transactions. Cash documents can be filled out manually on paper, not allowing corrections, or electronically, using special programs.

The procedure for conducting cash transactions in Russian Federation provides for the registration of cash transactions with the following documents:

• Incoming cash order (form No. KO-1) - is used when cash is received at the cash desk. PKO consists of two parts, one of which is a tear-off receipt handed over to the depositor. PKO is certified by the signatures of the chief accountant and cashier. Through the PKO, all the money goes to the cash desk, including the proceeds received using the CCP.
• Expenditure cash order (form No. KO-2) - filled in for the issuance of money from the cash desk. Unlike the “prikhodnik”, the RKO also contains a receipt for the receipt of money, where the recipient indicates the amount in words, the date of receipt, puts a signature, and also enters the details of the document proving his identity. In addition to the cashier and the chief accountant of the RKO, the head of the organization signs.
• The cash book (form No. KO-4) reflects the maintenance of the cash desk and is filled out on the basis of incoming and outgoing cash orders. The cashier, or other authorized employee, on the day when there are transactions, makes entries in the book on the receipt and expenditure of funds at the cash desk, at the end of the day checks the entries with the data of the PKO and RKO, displays the turnover and the balance of cash, puts his signature. The chief accountant oversees the maintenance of the cash book. All pages of the book are numbered and stitched in advance, and when filling out electronically, measures are taken to protect information from changes.
• The payroll and payroll (forms No. T-49 and No. T-53) are used to pay salaries to several employees at once. Having received the money, each of them signs in the statement opposite his name and amount. After the payment of wages, a general cash settlement for the entire amount paid is compiled to the statement. Unreceived wages are deposited.

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Cash documents must be kept in the organization for at least 5 years, and payroll records in the absence of personal accounts - 75 years.

Accounting for cash transactions

Account 50 "Cashier" is used to maintain accounting of operations on the cash desk of the enterprise (order of the Ministry of Finance of the Russian Federation dated October 31, 2000 No. 94n), to which, if necessary, you can open sub-accounts, including:

• 50.1 "Cash desk of the organization" for cash accounting. If a company conducts operations with foreign currency, a separate sub-account is opened for each of its types;
• 50.2 "Operating cash desk" is mainly used by communications and transport organizations to account for money at the cash desks of stations, marinas, post offices, etc.;
• 50.3" Cash documents» to account for paid air tickets, postage stamps and other similar documents.

According to the debit of account 50, accounting for cash transactions involves reflecting the receipt of "cash" at the cash desk of the enterprise, for example:

• the debit of account 50 and the credit of account 71 reflect the unspent accountable money that the employee returned to the cashier;
• account 50 debit and account 62 credit - receipt of cash payment for goods or services from buyers and customers, etc.

• the amount issued as a report to the employee will be posted to the debit of account 71 and the credit of account 50;
• the debit of account 70 and the credit of account 50 reflect the payment of salaries to employees;
• payment for goods and services to suppliers in cash is carried out on the debit of account 63 and the credit of account 50, etc.

The balance of account 50 must be equal to the amount of cash on hand. It cannot be negative, and the presence of a "credit" balance on the account means that an error has been made in accounting.

In addition to the actual cash payments to the issues of organizing cash monetary circulation in accordance with Art. 34 of the Law on the Central Bank of the Russian Federation also refers to the determination of the procedure for conducting cash transactions, i.e. work with cash. These operations do not apply to money transfers (part 4 of article 5 federal law"On the national payment system").

Legal regulation on this issue carried out by the Bank of Russia.

The basic rules for conducting cash transactions are as follows.

All legal entities are required to keep free cash on bank accounts with credit institutions (Clause 1.4 of the Regulation on the procedure for conducting cash transactions with banknotes and coins of the Bank of Russia on the territory of the Russian Federation, approved by the Central Bank of the Russian Federation on October 12, 2011 No. 373-P. Until 01/01/2012, this was established by clause 1 of the Procedure for maintaining cash transactions in the Russian Federation, approved by the decision of the Board of Directors of the Bank of Russia dated September 22, 1993 No. 40 and clause 2.1 of the Regulation on the rules for organizing cash circulation in the Russian Federation, approved by the Central Bank of the Russian Federation on January 5, 1998).

To carry out cash settlements, each legal entity (including a credit institution) must have a cash desk, and to account for the receipt and issuance of cash, it must keep a cash book. The receipt of cash by cash desks is carried out according to incoming cash orders of a standard form, and issuance - according to expenditure cash orders also of a standard form or other duly executed documents. In particular, remuneration, payment of benefits for social insurance and scholarships are made according to pay (settlement and payment) statements without compiling an account cash warrant for each recipient.

To conduct cash transactions, a legal entity, an individual entrepreneur administrative document establish the maximum allowable amount of cash that can be stored at the place for conducting cash transactions (cash balance limit).

A legal entity, individual entrepreneur determines the cash balance limit according to a special formula approved by the Bank of Russia -P.)

A legal entity that includes separate subdivisions determines the cash balance limit taking into account cash held in separate subdivisions, except for the case when the separate subdivision has a bank account, which requires the establishment of a separate cash balance limit.

In addition, legal entities and individual entrepreneurs are allowed to use cash received at their cash desks for settlements, subject to restrictions on cash settlements in the manner prescribed by the Bank of Russia. The exception is cash accepted legal entities, which are not credit institutions, and individual entrepreneurs from individuals as payments in favor of other persons (i.e. when payments are accepted by payment agents) (Clause 2 of the Central Bank of the Russian Federation of June 20, 2007 No. 1843-U “On the maximum amount of cash settlements and cash spending”).

It also provides for the possibility of issuing cash to employees on account (for example, to pay for travel expenses, fuel and lubricants, etc.). Such extradition does not fall under the concept of settlements, since in this case we are not talking about the payment of income to the employee, but about granting him the right to pay certain expenses of the legal entity itself. For the amounts spent, the employee will have to report to the accounting department, and return the unspent amounts back to the cashier.

Legal entities can receive cash from their accounts in credit institutions (through the cash desks of these credit institutions) in order to make payments and settlements in cash, when this is allowed by law (in particular, this concerns the issuance of wages, social payments, scholarships, etc.). Payment of the money credit institution in such cases it is carried out on the basis of a check.

Cash withdrawals can also be made using bank cards(1 Clauses 2.3 and 2.5 of the Regulations on the issuance of bank cards and on operations performed using payment cards, approved by the Central Bank of the Russian Federation on December 24, 2004 No. 266-P.)

The procedure for carrying out cash transactions by credit institutions is determined separate act Bank of Russia (See: Regulations on the procedure for conducting cash transactions and the rules for storing, transporting and collecting banknotes and coins of the Bank of Russia in credit institutions in the Russian Federation, approved by the Central Bank of the Russian Federation on April 24, 2008 No. 318-P, instructions of the Central Bank of the Russian Federation of August 27. 2008 No. 2060-U "On cash services in institutions of the Bank of Russia of credit institutions and other legal entities.")

The acceptance and issuance of cash by credit institutions as the provision of services to their customers is called cash services.

The implementation of cash services for legal entities and individuals is a banking operation (clause 5, part 1, article 5 of the Law on Banks and Banking Activities), within the framework of which settlement transactions are made. As a result of these transactions, the public law obligations of organizations to keep funds in credit institutions and the civil law obligations of credit institutions to service these organizations are carried out, as well as the transformation of property rights into obligations and vice versa. These circumstances allow us to say that cash transactions are a type of settlement transactions with a special procedure for legal regulation.

Cash transactions in the bank are one of the main types of banking operations. They are operations for receiving and issuing cash. More broadly, cash transactions can be defined as transactions related to the movement of cash. The main document regulating cash transactions for credit institutions is the regulation of the Central Bank of the Russian Federation No. 318-P dated April 24, 2008 "On the procedure for conducting cash transactions and the rules for storing, transporting and collecting banknotes and coins of the Bank of Russia in credit institutions on the territory of the Russian Federation" ( as amended by Instructions of the Bank of Russia No. 2405-U dated February 27, 2010, No. 2632-U dated May 13, 2011, No. 2783-U dated February 7, 2012, No. 3353-U dated July 30, 2014, No. 3568-U dated February 16, 2015 ).

The requirements of the bank's clients for the issuance of cash is an important aspect of the bank's activities, as this determines the client's confidence in the bank, determines the ability of the bank's client to freely manage their money.

Cash transactions are of great importance both for the bank and for customers. By accepting cash from customers, the bank increases its free reserves, while conducting active operations and earning income. When issuing cash to a client, bank institutions charge a commission. To carry out cash transactions, banks open an operating cash desk, which consists of an incoming cash desk, where they receive cash and an expense cash desk, where cash is issued.

All legal entities and individual entrepreneurs are required to hand over the received cash in a bank institution for crediting to their accounts.

Cash is issued by the bank through its cash desks throughout the operating day:

To enterprises from their current accounts on the basis of a cash check of the established form indicating designated purpose received cash;

Individuals on account cash warrants.

AT last years almost all banks carry out cash transactions through an ATM].

The basic rules that must be followed when making cash transactions can be summarized in four points. Moreover, most of the fines are imposed for violation of these rules.

Compliance with the cash balance limit. This limit is agreed with the bank that carries out the settlement of accounts of the organization. Every year, organizations must submit the calculation of the maximum allowable balance at the end of the working day at the cash desk in the appropriate form to the bank for approval. If this is not done, it is considered that the cash balance limit on hand is equal to zero, i.e., all money in full must be deposited in the bank daily. At the same time, most accountants of small enterprises solve the problem in the simplest and most legal way: those funds that cannot be kept at the cash desk are issued under the report of employees, for example, the head or owner of the company.

The use of cash proceeds should be agreed with the bank and limited to a specific list of expenses for paying salaries, benefits, bonuses, purchasing agricultural products, buying containers and things from the population, travel expenses, and household needs. At the same time, it is forbidden to deposit cash from the cash desk of the organization to the bank accounts of other legal entities and individuals.

Compliance with the maximum amount of cash settlements between legal entities, which is regulated by the Instruction of the Bank of Russia dated 07.10.2013 N 3073-U "On the implementation of cash settlements" (Registered with the Ministry of Justice of Russia on 23.04.2014 N 32079. This limit is 100 thousand rubles per transaction. All settlements in excess of this amount must be carried out in a non-cash form.This restriction applies only to transactions between legal entities, legal entities and individual entrepreneurs, as well as between individual entrepreneurs.However, it does not apply to settlements between legal entities and individuals, that is, it does not restrict, for example, the sale of something for cash to an ordinary buyer.

The use of cash registers when selling goods, works, services for cash: in established cases, cash registers included in State Register. And cash registers should also be used when using bank cards, despite the fact that formally the operation is carried out in a non-cash form.

Violation of the rules for conducting cash transactions on the basis of Art. 15.1 of the administrative offenses is punishable by a fine in the amount of 4,000 to 5,000 rubles for officials and from 40,000 to 50,000 rubles for the organization itself.

A bank, as a commercial institution, can provide customers with a large number of financial services, but at the same time, 2 main types of operations will be performed - cash and credit. What is the specificity of both? What can be traced to the significance of both types of operations in terms of the development of a credit institution?

The specifics of cash transactions in banks

What are cash transactions of banks? These include the acceptance of cash and other valuables from clients of financial institutions, as well as the issuance of the relevant assets to them or other applying citizens. The cash desk of a bank is often regarded as one of the most liquid assets of an institution, however, it is classified as a low-income one. The main purpose of the operations in question is the organization of a customer service system for a credit institution. The turnover of funds in this case is regulated regulations issued mainly by the Central Bank, which has the status of a national emission center.

Cash transactions of Russian banks are among the most important areas economic activity relevant institutions. Accepting from clients - individuals, legal entities, the organization increases the available reserves, which can later be used to carry out highly profitable activities, primarily related to the issuance of loans - private, corporate. The bank can receive additional income from cash turnover, for example, by charging a commission for the issuance of funds in certain cases (as a rule, this concerns the cashing out of proceeds from the settlement and cash accounts of enterprises).

Cash transactions of banks are carried out according to the following principles:

The turnover of funds is carried out in accordance with the standards adopted by the Central Bank of the Russian Federation;

The placement of cash is carried out on internal accounts in a credit institution;

Establishment of balance limits is implemented in accordance with the adopted regulations.

There is a special subspecies of cash transactions - those that are carried out by the regulator, the Central Bank. It would be useful to study their specifics in more detail.

Cash transactions of the Bank of Russia

Thus, not only commercial banks carry out cash transactions, but also the credit regulator - the Central Bank of the Russian Federation. They are carried out as part of the service of private institutions on the basis of a contract. These operations allow:

To optimize the turnover of cash by a commercial credit institution;

Ensure prompt settlements on client accounts owned by individuals or legal entities;

To carry out timely transfer of funds to banks according to limit requirements.

The solution of each of the tasks of the Central Bank of the Russian Federation implies that the regulator follows the official rules of law or local regulations. Having considered what constitutes the cash operations of a bank that performs control and supervisory functions in the financial and credit market, we will study the specifics of such procedures carried out by commercial institutions.

Cash transactions in commercial credit institutions

Private banks carry out cash transactions that are aimed at serving customers - individuals or legal entities. In this case, the rules issued by the regulator, the Central Bank of the Russian Federation, are applied. The main operations of banks, which are carried out in the commercial segment of the credit and financial sector, are as follows:

to receive cash;

For disbursement of funds.

The first group of operations assumes that the client or partner of the institution transfers cash:

To the cashier;

Collectors who subsequently transfer funds to the bank;

Partner organizations, which then transfer cash to a credit institution by bank transfer.

The issuance of funds in most cases is made directly at the cash desk of a financial institution. If cash is required by a legal entity, then it can be received on the basis of supporting documents that confirm the targeted spending of funds.

Cashier functions

In banks that carry out cash transactions, there are specialists who have competencies in this type of activity - cashiers. They are responsible for the correct calculation of the amounts to be received from clients, or, conversely, the issuance, credit them to the account and certify necessary documents. The cashier also ensures the safe storage of funds - using, for example, a safe. The work of a specialist of the corresponding profile is also quite strictly regulated by law.

Restrictions on cash transactions

Russian legislation provides for a number of restrictions on the use of cash payments. Thus, cash cash transactions of banks on accounts owned by legal entities can only be carried out subject to legally established limits on the amount. In turn, these transactions within the accounts of individuals, as well as in settlements between citizens and organizations, can generally be carried out freely, without taking into account the amount of cash.

The use of cash registers in cash transactions

The most important aspect of the operations under consideration is the use of cash registers, that is, cash registers. This type of infrastructure is in most cases mandatory when accepting and issuing funds in banks. A CCP used by a financial institution must, firstly, be registered, and secondly, ensure the correct calculation of transactions. It can be noted that CCP is also used in cases where the client pays for something with a plastic card - without cashing out.

The considered operations of banks are carried out taking into account the norms that form cash discipline. Let's study their features in more detail.

Cash discipline in settlements: what is its specificity?

The norms that form cash discipline can be:

Published by the regulator;

Developed by the bank, taking into account the interests of investors, managers - provided that they do not contradict the provisions that are reflected in official sources.

These rules establish:

The general procedure for the bank's cash transactions;

Rules for the storage, transportation of cash.

The relevant standards are considered quite strict. In financial institutions, accounting for operations (both private and public banks) is carried out if there is the necessary infrastructure for maintaining cash discipline. Its presence is one of the criteria for the regulator to issue a license to a financial institution. Without a corresponding permit document The bank is not allowed to operate.

There are a large number of other criteria that predetermine the legitimacy of holding a license by a credit institution. Among those - strict observance of cash discipline, as well as the provisions of the law governing cash transactions. Of great importance in this case, of course, are the economic indicators of the institution, but the quality of management is largely determined by the degree of compliance with cash discipline. Here, the qualifications of specialists working in the organization, the capabilities of its infrastructure, and the effectiveness of the management system are important.

The cash desk is the main element of the infrastructure necessary for the bank to carry out the operations in question. It is usually presented in several varieties, which is determined by the scale of the financial institution, the features of the services it provides. We will study the specifics of the work of bank cash desks in more detail.

Features of the organization of the work of cash desks

Main settlement operations banks, associated with the circulation of cash, are carried out within the framework of the following main types of cash desks:

Receipts (they accept cash from customers or partners);

Expendables (cash is issued in them);

change;

Carrying out the transfer of cash.

The implementation of certain cash transactions is possible only on the basis of internal supporting documents. They are issued by a bank employee, most often by a cashier. These documents can be additionally certified with a seal, other elements certifying the authenticity of the source used. Often settlement operations of banks are carried out according to

Probably, most modern banks have their own ATMs, through which funds are issued to their customers automatically. This procedure assumes that the clients of the financial institution have plastic cards issued by the bank.

It is possible to issue cash from an ATM of one institution to citizens who have cards in their hands that are issued by another bank. In this case, the relevant institution can earn additionally by charging a commission for servicing clients of other organizations. But this procedure is possible only if the plastic card allows you to use one of those payment systems that is supported by the bank that provides the use of an ATM with the acquiring function.

Along with ATMs, financial institutions are also actively using payment terminals - in order, in turn, to receive cash from customers and credit them to their accounts. The next most important group business transactions bank - credit transactions. Let's consider their specifics in more detail.

Specificity of credit operations

Credit operations of banks, as it is easy to trace, based on their name, are associated with loans provided by the relevant institutions. They are legal relationships fixed in special agreements with clients. As in the case of cash transactions, services can be provided to individuals or legal entities. This contract establishes how much the bank lends to the borrower and under what conditions - in terms of interest and repayment period.

There are many types of credit transactions. They can be classified based on their assignment to a particular segment. So, credit operations of banks can be associated with markets:

consumer credit;

Mortgages;

corporate loans.

Each of the marked segments is characterized by a special approach of the bank to the formation loan agreements. So, in the field of consumer lending, loans are issued to customers for a relatively short period, at rather high interest rates, but, as a rule, without collateral. Mortgage loans are usually long-term, are issued at a lower interest rate and in most cases - with collateral in the form of housing being purchased. Corporate loans, especially when it comes to lending to the largest enterprises, can be characterized by the desire of banks and borrowers to determine individual terms of the agreement, depending on the scale of the business, its profitability, and credit history.

Another criterion for classifying credit transactions is the format of the loan. They are:

Primary;

Submitted refinancing agreements.

A primary loan is a legal relationship in which a person or organization enters into a contract with a bank for the first time or for the purpose of using the funds received to solve problems not related to the repayment of existing loans. In turn, refinancing is a credit operation, which is a legal relationship in the form of a loan agreement for issuing funds to a person to repay existing loans.

Commercial banks and banking operations, as in the case of cash procedures, are regulated by the norms of the Central Bank of the Russian Federation. Among the main instruments of influence on the market of the main financial institution states are the key. To a large extent, it determines how commercial organizations the policy in the field of credit operations is implemented. Let's study its features in more detail.

The key rate as the main instrument of regulation of the Central Bank of the Russian Federation

Many operations of the Bank of Russia can affect the credit market on a national scale, but economists consider the establishment of a key rate to be the most important tool for the Central Bank of the Russian Federation to influence financial system states. Its value determines what should be the credit interest paid by private financial organizations to the Bank of Russia for the use of borrowed issue funds. This indicator, in turn, directly affects the percentage that a commercial institution will set for loan agreements with its customers.

The lower the key interest, the more active the private lending market tends to be. A significant decrease in it, moreover, usually activates refinancing, since holders of current loans get the opportunity to re-borrow funds, but at lower rates.

A high key rate is usually set by the Central Bank in case of a problem situation in the state economy. In turn, the improvement of indicators at the macroeconomic level may predetermine the decline of the corresponding indicator. This may result in an increase in demand for loans from individuals or legal entities. In some states, the key rate is minimal or even negative. This is due to the desire of the monetary authorities to increase as much as possible the capitalization of the economy.

If the credit market slows down at one time or another, the bank's management can step up work related to the development of cash services for customers. The solution of this problem can be facilitated by the fact that the common types of bank operations considered by us are in many cases interconnected. Let's study this aspect in more detail.

The relationship of cash and credit operations of banks

The turnover of cash and the issuance of loans are the main operations of banks in terms of making a profit. The regularity of their implementation predetermines the fact that they are often held simultaneously. A simple example: a bank, having approved a client's loan application, signs an agreement with him and asks him to go to the cashier in order to receive cash. If a person draws up a credit card - perhaps, having it in hand, he will wish to cash out money at an ATM. Subsequently, a person will need to deposit cash into his credit account to repay the loan or to the card for the same purpose.

The fact that a bank uses the same infrastructure to service customers with loans that is used for standard cash transactions can play a positive role in diversifying the business model of a financial institution. If a bank encounters difficulties in promoting credit products, it will have opportunities to develop areas of activity related directly to cash services.

Summary

So, we examined what the main monetary operations of banks are - cash and credit. The first ones are sufficiently highly liquid, but not very profitable. A bank's cash transactions generate revenue primarily from commission fees charged by the credit institution. Indirectly, they predetermine the appearance of profit due to the formation of which can be used in other areas of activity. The second operations, on the contrary, can significantly increase the capitalization of a financial institution. By issuing a loan, a bank usually expects to receive a fairly high profit, but it is likely that the client, due to financial difficulties, will not be able to repay the loan.

Which operations of banks have priority in terms of the implementation of the business model at a certain point in time is established by the management of a financial institution. It largely depends on the size of the Central Bank. The higher it is, the less intensive the credit market is, as a rule, and it makes sense for the bank to actively develop areas related to cash customer service.

Decision No. М-1871/2013 2-233/14 2-1743/2013 2-233/2014(2-1743/2013;)~М-1871/2013 2-233/2014 of February 6, 2014

Case No. 2-233/14 copy

SOLUTION

In the name of the Russian Federation

Novoilinsky district court..... as part of the presiding Karasovskaya A.The.

At the secretary: Vinogradova V.S.

Examined in the open court session in the town.....

Civil case under the lawsuit Management company"AND." to I. on compulsion to take actions to provide original documents, sign acts of work performed for the period from .....

SET UP:

LLC "I." filed a lawsuit against Kalchenko Oh.T. on compulsion to commit actions to provide documents.

The requirements are motivated by the fact that the decision general meeting owners of MKD by ..... And from ...... it was decided to conclude an agreement for the management of MKD with the managing organization LLC "I.". The specified decision of the general meeting of owners of MKD does not determine the place of storage of decisions of the owners of the house and other materials. However, in the notice of the general meeting of the owners of the house, the place of storage of decisions (minutes) of the general meetings of the owners of the house is determined at: ..... pom. 142 LLC "UK" I. ". To the chairman of the council of the house - Kalchenko O.G. A letter was sent with a request to provide the plaintiff with the original documents, but so far these documents have not been provided. Absence specified documentation creates managing organization obstacles in the management of MKD, which in turn leads to a violation of the rights of homeowners. He asks to compel the defendant to transfer the original decision of the general meeting of the owners of the house to the minutes ..... dated ..... and the original application ..... to the management agreement apartment building No......, collect court expenses for the payment of a state duty in the amount of 4,000 rubles, the costs of paying for the services of a representative.

LLC "UK "I." filed a lawsuit against Kalchenko Oh.T. with the requirements for the signing of acts of work performed for the period from .....

The requirements are motivated by the fact that LLC "I." on the basis of an MKD management agreement for ..... A ..... from ..... manages the specified house. By the decision of the general meeting of owners of MKD on ..... A ..... from ..... the chairman of the council of MKD is Kalchenko O.G., who refused to sign the acts of work performed on maintenance and current repairs common property MKD, which creates obstacles for the management company in the management of MKD. He asks to force the defendant to sign acts of work performed for the period from ..... to ....., to recover court costs for the payment of a state duty in the amount of 4,000 rubles, the costs of paying the services of a representative.

Determination ..... district court ..... from ..... claims of LLC Management Company I.” to I. on compulsion to commit actions to provide documents, on the signing of acts of work performed for the period from ..... were combined into one proceeding.

At the hearing, the representative of the plaintiff LLC UK "I." - Dvizova S.O., acting on the basis of a power of attorney issued from ..... insisted on the stated requirements, explained to the court that by decision of the general meeting of owners of MKD on ..... and ..... from .... . g., contract for the management of MKD No. ..... dated ..... the management of the indicated MKD is carried out by LLC "UK" I. ". However, after the meeting ..... g., the chairman of the board of MKD Kalchenko O.G. the originals were not transferred to the management company: decisions of the general meeting of owners to the minutes ..... dated .....; appendix ..... "List of owners of MKD premises" to the agreement dated ..... The place of storage of the specified documentation between the owners of MKD and the management company is not actually determined, however, in the notice of an extraordinary general meeting of owners of the premises, it is indicated that in The agenda also included the issue of the place of storage of documents, it was proposed - Mr. ..... ..... LLC "I.". He believes that the defendant, as the chairman of the board of MKD, the initiator of the meeting from ....., is obliged to transfer these documents to the management company. Furthermore the defendant Kalchenko Oh.T. does not fulfill his duties, and refuses to sign acts of work performed on the maintenance and current repair of MKD for the period from ..... ..... despite the fact that on the part of the managing organization, maintenance and current repairs for the specified period of time were carried out . Not signing Kalchenko O.G. acts of work performed violates the rights of the plaintiffs, since unsigned acts of work performed create obstacles for the managing organization in managing the MKD, especially if the organization presents a package of documents confirming the proper performance of maintenance and current repairs of the MKD. He asks to compel Kalchenko O.G. provide original documents: the original decision of the general meeting of MKD owners drawn up by the protocol ..... dated ..... and the original attachment ..... to the apartment building management agreement No. ....., sign acts of work performed for the period With.....

The representative of the plaintiff LLC "MC" I. " - Vavilova M.A., acting on the basis of a power of attorney from ..... at the hearing the claims and arguments of Dvizovoy C.Oh. supported. Believes that Kalchenko Oh.T. due to the fact that she is the chairman of the council of MKD for..... ..... ....., she must sign the acts of work performed, for those works that were performed by the management company. He also believes that Kalchenko unreasonably withholds the original documents: annex ..... to the MKD management agreement dated ....., decision of the general meeting of MKD owners dated ..... After the meeting of MKD owners ... .., Kalchenko submitted the originals to the Management Company specified documents, but for viewing purposes only. LLC "UK "I." until now, continues to manage the MKD for.......... ...... Asks to compel Kalchenko O.G. provide original documents: the original decision of the general meeting of MKD owners drawn up by the protocol ..... dated ..... and the original attachment ..... to the apartment building management agreement No. ....., sign acts of work performed for the period from ..... g.

defendant Kalchenko Oh.T. at the hearing, she did not recognize the claims, she explained to the court that she really was the initiator of the absentee meeting held by the owners of the MKD on ....., however, the original signature sheets (appendix ..... to the contract dated ..... ), the decision of the general meeting of the owners of the MKD, she transferred to OOO "UK" I. ”, in accordance with which the contract was concluded from ..... She does not have the originals requested by the defendant. Also, she objects to the requirements for forcing her to sign acts of work performed for the period from ..... ....., the plaintiff, not once during ..... were provided acts of work performed in the MKD . Only in ....., at her written request, in the presence of the owners of the MKD, the Acts of completed work for the period from ..... were handed over to her, however, since she wanted to get acquainted with them, check the actual performance of the work immediately did not begin to sign, in connection with which, in the received Acts, she indicated “received for review”. Having familiarized herself with the Acts of completed work provided by the plaintiff, she did not agree with them, since the work performed and those reflected in the Acts did not match, and that is why she did not sign the Acts of completed work. In addition, for the first time, the Certificates of Completion of Works for ..... year, she was provided for review (signature) only in ..... ..... to refuse LLC “MC “I.” in satisfaction of the stated requirements, recover legal costs to pay for the services of a representative 15,000 RUB.

Representative Kalchenko O.G. – Strekalova N.V. acting on the basis of a power of attorney dated ....., for a period up to ..... objected to the stated requirements. Arguments Kalchenko Oh.T. supported. She explained to the court that the claims made by the plaintiff were not based on the law. So, in accordance with the decision of the owners of MKD on the street. ....., ..... ..... from ....., place of storage of documents, including the original of Appendix No. 1 to the MKD Management Agreement from ....., of the original decision of the common property to the protocol ..... from ..... the owners of the said MKD are not determined, Kalchenko Oh.G. denies the fact that she has the documents. The basis for concluding an MKD management agreement is the decision of the owners of the MKD premises, the original of which was submitted to the management company. It was on the basis of this decision of the MKD owners that the MKD management agreement was concluded. The plaintiff did not provide evidence that the original documents were with the defendant, and in addition, the very fact that one of the owner of MKD documents confirming the choice of the management company that manages the MKD cannot violate the rights and legitimate interests management company. Also, he believes that the plaintiffs are not entitled to demand from Kalchenko Oh.T. signing of acts of completed work. So, accepting (not accepting) the work performed is the right, not the obligation of the customer. In addition, Kalchenko O.G. the plaintiff did not inform about the work performed by the management company (contractor organizations), about the need to accept the result of the work performed. He asks to refuse the plaintiff to satisfy the stated requirements in full, recover in favor of Kalchenko Oh.T. court expenses.

After listening to the participants in the process, interrogating the witness, examining the written materials of the case, the court considers that the claims are not subject to satisfaction.

I DECIDED:

LLC Management Company "I." in satisfaction of claims stated to Kalchenko Oh.T. on compulsion to commit actions to provide originals: decisions of the general meeting of owners of premises apartment building issued by the protocol ..... dated ..... year; applications ..... to the contract for the management of an apartment building No......, signing acts of work performed on the maintenance and current repair of the common property of an apartment building for the period from ..... to refuse.