Legal encyclopedia. Letter D

RECEIVABLES.

When

Imposition of arrest on the D.Z. of the debtor to him is forbidden to commit any actions that may lead to a change or termination of the rights of claims of the debtor for the corresponding obligations, as well as to the transfer of the corresponding claim rights to third parties.

The arrest on DZ is imposed by the bailiff-executor or the tax police of the Russian Federation on the basis of the relevant executive document. Arrest is imposed on the location of the debtor (place

State registration or place of its actual location).

The arrest of DZ consists in the inventory of documents confirming the existence of DZ. All necessary documents are provided at the request of the persons executing the recovery, debtor and debtor of the debtor. The submitted documents must certify the emergence of specific rights and duties according to DZ and

Confirming the size of the DZ. If necessary, these documents are subject to seizure and are transferred for storage under the signature in the act of arrest. The debtor is banned from doing any actions that lead to a change or termination of legal relations, by virtue of which DZ was formed.

From the moment of seizure to DZ, the persons executing the recovery oblige the debtor, and in necessary cases the debtor's debtor, to ensure the safety of the documents confirming it. As a result,

Failure to provide, loss or damage to these documents, the guilty official of the debtor or debtor of the debtor is liable in accordance with the legislation of the Russian Federation. Penalties are imposed on the guilty person and it is obligated to immediately take actions to restore the lost or damaged documents if their recovery is possible.

The debtor's assessment of the debtor being arrested is made on the basis of the market value of the receivable at the time of the arrest. When assessing accounts receivable, the persons executing the recovery,

A specialist or an evaluation commission must take into account factors that affect the market value of D.Z.

In cases where it is not possible to determine the market value of DZ, the assessment of this debt is carried out taking into account its book value. The method of assessing accounts receivable under arrest is determined by the person executing the recovery.

The person executing the recovery approves the results of the work of a specialist or appraisal commission.

On the imposition of arrest on the DZ of the debtor, the persons executing the recovery shall draw up an act in which, in addition to general information, the content

Legal relations, from which the DZ arose, the exact name, number and date of the conclusion of the contract, a list and a summary of documents confirming DZ, as well as other circumstances that are important for the assessment and implementation of DZ, if at the time It is possible to establish these circumstances.

When the debtor is seized on the debtor's behalf, the persons executing the recovery check the reflection of D.Z. in the documents of the accounting

Account of the debtor and availability of documents confirming D.Z.

In the absence or inadequacy of these documents, the person executing the recovery shall forward the relevant inquiries to the debtors of the debtor who oblige them to present copies of these documents certified in accordance with the established procedure.

The absence of a debtor's reflection in the documents of accounting in the presence of documents confirming DZ, is not an obstacle to the imposition of arrest.

After the seizure of DZ, the persons executing the recovery notify the debtor's debtor of the arrest. To this notice, copies of the decision on the imposition of arrest and the act of arrest are enclosed.

From the moment the debtor receives the debtor from the person collecting it, notification of seizure of DZ and until the rights for this debt are realized (the debtor receives notice of the transfer of rights to the new creditor), the performance of the corresponding obligation can be exercised

Solely by transferring money

Funds for the depositary (or other special) account of the person executing the penalty specified in the notification.

Payments made by the debtor's debtor to the above accounts are included in the reduction of the debt of the debtor under the enforcement document, on the basis of which the recovery is made.

Debtors of the debtor in the event of transfer of funds to depository or other special accounts of persons executing the recovery are obliged immediately

Inform the debtors and the organization implementing the DZ about this. The volume of the DZ sold (the rights of claim) in this case is reduced by the amounts paid by the debtor.