At first glance, in the case of a donation, everything is simple - the gratuitousness of the contract allows you not to focus on such important conditions as payment, responsibility, deadlines ... But, as in any civil law structure, there are a number of nuances in drawing up a donation contract. Consider the procedure for concluding an agreement in this case using the ATP service.
The terms of this agreement, which brings exceptionally joyful emotions to the parties, are regulated by a special article included in Chapter 32 of the Civil Code of the Russian Federation, dedicated to donation. A donation differs significantly from a donation by a circle of persons who are a party to a donation agreement, accepting donations. This circle is quite wide (listed in part 1 of article 582 of the Civil Code of the Russian Federation), it also includes citizens. BUT .. If the recipient of the donation is an individual, then the contract must provide for a specific purpose of the transferred property or funds. Without such a clause, the relationship of the parties will be subject to the terms of an ordinary donation agreement.
Another difference between a donation contract and a gift is the impossibility of the donor to release the donee from a property obligation to himself or a third party (this possibility is provided for in relation to the gift contract, clause 1, article 572 of the Civil Code of the Russian Federation).
So, let's draw up a donation agreement using the ATP service.
Preamble to the treaty
Does not give the names of the parties to the donation agreement. Lawyers often refer to the parties as "donor" and "donee". Although if the parties are written in the agreement as “donor” and “donee” (similar to a donation agreement), there will be no mistake.
In the preamble, it is worth paying attention to the following point. The donee may be, among other things, the Russian Federation, a subject of the Russian Federation or a municipality. Here it is important to determine and specify exactly which body or institution the given party to the contract will act as. On behalf of the Russian Federation, the federal state authority acts, on behalf of the subject of the Russian Federation - the state authority of the subject, the level of the municipality is represented by the local self-government body.
Subject of the contract
The subject of a donation agreement may be:
- cash,
- movable or immovable property,
- property rights (for example, the right to the result of intellectual activity),
- work performed, services rendered (the Ministry of Finance clarified this by Letter No. 03-03-06/4/46052 of October 29, 2013).
In this section, it is important to describe the subject of the donation as fully as possible: if we are talking about money, then indicate the amount, currency; if the property is transferred, then describe all the characteristics inherent in a particular type of property; indicate where and by whom the donor's right to property or rights was registered in accordance with the established procedure.
By the way, in accordance with paragraphs. 1 p. 1 art. 219 of the Tax Code of the Russian Federation, the taxpayer has the opportunity to receive a social tax deduction in the amount of income transferred as a donation. A personal income tax deduction can be provided regardless of the form of donation. But in the article of the Tax Code of the Russian Federation there are restrictions on the categories of recipients and some purposes. This gives a hint and a link to the ATP Contract Designer Service Consultant Plus:
In the same section (or in a separate one) of the donation agreement, the procedure for transferring funds, property or rights should be indicated. Write in detail, at a time or according to the schedule, the funds will be transferred, in what form the payment will be made (in cash or in a non-cash form), in what time frame the donee will receive the donation. Again, the Contract Builder will help you decide:
How to use the donation
This section is important for this type of contracts. It is he who contains the main distinguishing features of a donation in comparison with a donation agreement. We determine the order of use of the donation. But in any case, in donation relations, generally useful goals should appear (as required by paragraph 1 of article 582 of the Civil Code of the Russian Federation). Donations can be made to non-profit cultural organizations or certain educational organizations for the purpose of implementing patronage activities (in accordance with paragraph 4 of article 4 of Federal Law No. 327 of 04.11.2014 "On patronage activities"). Also, the purpose of transferring the donation item may be other charitable activities within the framework of the Federal Law of August 11, 1995 No. 135-ФЗ “On Charitable Activities and Charitable Organizations”. If the donee is a legal entity with strictly specified goals of activity, then the contract allows linking the goals of the donation to the statutory activities of the recipient of the donation.
If the donee uses the funds, property or rights transferred to him for other than the purpose agreed by the parties in the contract (or changes the purpose not in accordance with the requirements of Article 582 of the Civil Code of the Russian Federation), then the donor has the right to demand the cancellation of the donation.
The presence of such conditions as the term for the use of the donation, the procedure for monitoring the use of the transferred funds, property or rights, the reporting of the donee to the donor is given by the legislator for agreement by the parties. If the donor intends to provide for these conditions in the contract, the Contract Builder will help him:
Final provisions
This section of the donation agreement does not contain specifics in comparison with other types of agreements. It defines the procedure for changing and terminating the contract, the rules for the jurisdiction of disputes, legally significant messages, the duration of the contract, the number of copies. For example, according to the terms of changing and terminating a contract, the Contract Builder service offers the following wording:
Important points for parties concluding a donation agreement:
- included in Chapter 32 of the Civil Code of the Russian Federation, i.e. donation is a certain type of donation regulated by special rules of law.
- The donation agreement is subject to the same requirements on the form of the donation agreement, provided for in Art. 574 of the Civil Code of the Russian Federation. The conclusion of a donation agreement in writing (as well as a donation agreement) is mandatory in the following cases:
- if the party is a legal entity
- if the value of the donation is more than three thousand rubles
- if the donation agreement contains a promise to transfer the donation in the future
- if a donation agreement is signed in relation to real estate.
- The donation agreement is always free of charge. The parties should very clearly define in the contract its gratuitous nature. In judicial practice, there are cases when the contract provided for the transfer of things, and subsequently the court resolved the dispute about the nature of the relationship that the parties to such an agreement had. Indeed, in accordance with Art. 423 of the Civil Code of the Russian Federation, there is a procedure for determining the price of the contract, even if it is not provided by the parties.
- You should be more attentive to the indication of the purpose (purpose) of the use of donated money (property, etc.). The indication in the contract of the so-called general wordings can cause litigation, because the legislation does not decipher the concept of "generally useful purposes", and the statutory activities of the recipient of the gift can be varied.
A donation agreement as a type of civil law transaction is regulated mainly by Art. 582 "Donation" of the Civil Code of the Russian Federation ( Civil Code of the Russian Federation). A donation is considered a kind of donation of a thing and, with a number of reservations, falls under Ch. 32 of the Civil Code of the Russian Federation "Gift".
For your information
A donation to a budgetary institution differs from a regular donation in that the donor has socially useful purpose. With regard to this kind of legal relationship, Art. 582 of the Civil Code of the Russian Federation uses the category "general benefit".
There is no unambiguous opinion about the possibility of donating orally.
Budgetary organizations develop exemplary forms of donation agreements for various cases. Articles 160-161 of the Civil Code of the Russian Federation on simple writing do not require special formalities: it is sufficient that the document contains a reference to the identity of its parties, their signatures and a description of what is being transferred. In case of "voluntary-compulsory" donations, educational and medical institutions usually prepare standard forms for several proposals with three dashes for the amount, full name and signature.
For the purposes of accounting for a budgetary institution, a written registration of a charitable donation is mandatory. For this, credit orders are usually used.
Features of a donation agreement to a budgetary institution
Legal relations arising from a donation agreement to a budgetary institution are specific. They must be distinguished from gifts, sponsorships or donations to charitable organizations and individuals.
Attention
The main distinguishing features of a donation agreement are a socially useful purpose and subject composition.
The charitable organization annually submits to the registration authority activity report with data on spending the donated. Budget organizations are only recommended to include information on the intended use of donations in their accounting records (Form No. 6).
Special conditions regarding the use of a donation may be provided for grant projects. A grant is a transfer of money/property on special terms:
- the transfer is irrevocable and free of charge;
- grantor - an individual or a non-profit structure;
- the purpose of using property/funds is the implementation of certain programs in the humanitarian sphere in advance or the conduct of specific research;
- a detailed report to the grantor on the use of the grant;
- indispensable separate accounting of income/expenses within the framework of the grant;
- establishing a detailed procedure and terms for the use of the grant.
For your information
An ordinary donation agreement may provide for the obligation of a budgetary organization to submit to the donor a report on the spending of the donation. In recent years, this has become part of the usual contractual practice. True, donation agreements rarely stipulate the consequences of failure to provide such reporting.
A budgetary organization that accepts a donation for a specific purpose must maintain separate accounting operations for spending / using donations (part 3 of article 582 of the Civil Code of the Russian Federation). According to the Tax Code of the Russian Federation (Tax Code of the Russian Federation), donations are not included in the tax base for calculating income. Finances provided to budgetary organizations as donations are earmarked revenues and not subject to taxation.
If the use of the property donated by the donor in accordance with the purpose stipulated by the agreement is impossible, it can be used for other purposes with the consent of the donor(part 4 of article 582 of the Civil Code). In the event of the death of a citizen or the liquidation of a legal entity - a donor, permission to change the designated purpose of the donated property should be sought from the court. Although this is not stipulated in the Civil Code, a budgetary organization should apply to the court for a change in the way the property is used in cases where:
- the donor unreasonably refuses to change the method of using the donated property;
- avoids answering, for example, does not answer letters;
- his whereabouts are unknown.
Grounds and procedure for canceling a donation to a budgetary institution
The essence of donation is its social usefulness. That's why misuse donated funds/property was introduced by the legislator into the rank of grounds for the cancellation of this agreement (part 5 of article 582 of the Civil Code).
It is worth considering that "cancellation" is a narrow concept. There are other ways to return the donated, for example invalidate the deal on the grounds specified in § 2 Ch. 9 sub. 4 of the Civil Code of the Russian Federation. The basis may be:
- sham or pretense (Article 170);
- commission by an incapacitated (art. 171), minor (art. 172) or not understanding his actions (art. 177) donor,
- a legal entity in conflict with the statutory purposes (Article 173);
- making a donation due to delusion (art. 178), under the influence of a threat or deceit (art. 179).
Attention
Because Art. 581 of the Civil Code of the Russian Federation does not apply to the legal successors of the donor, the basis for terminating the obligation to donate for the future is the death of the individual who promised or the reorganization of the legal entity. This fact is confirmed by judicial practice.
By virtue of Part 6 of Art. 582 of the Civil Code of the Russian Federation, donations are not subject to Art. 578 of the Civil Code of the Russian Federation. To justify the cancellation of the donation, the benefactor cannot refer to commit an attempt on the life of a donor or his relatives by a representative/head/employee of a budgetary institution. As conceived by the legislator, the commission of unseemly actions by one of the beneficiaries regarding the donor should not deprive other beneficiaries of the opportunity to use the donation.
Grounds for canceling a donation in the manner of Part 5 of Art. 582 of the Civil Code may be contractual and non-contractual. In the first case, the contract contains conditions on the procedure, methods, and terms for the use of donations by a budgetary institution. Their violation, according to Part 2 of Art. 450 of the Civil Code of the Russian Federation, can be regarded as a material breach of the transaction, giving grounds to terminate the contract.
In the second case, there are no conditions on how the donation should be used in the contract. An unsatisfied donor may refer to the general norms of the Civil Code of the Russian Federation on the obligations of the parties to civil legal relations to act reasonably and in good faith (Article 1) and the rules on donation (Article 582 of the Civil Code of the Russian Federation). To justify the cancellation of the contract can be used industry or departmental norms, as well as local regulations of a budgetary organization: constituent documentation, regulation on the procedure for using donations (if approved).
The procedure for canceling a donation in connection with the misuse of the transferred property / GC money not specified. However, it is obvious that the budgetary institution that allowed the misuse of the donation is unlikely to recognize this fact. In this case, the donor should apply to the court.
If the donor is an individual, the case is under the jurisdiction of a court of general jurisdiction; if the organization - to the arbitration court. In addition to the requirement to cancel the donation agreement, the agreement may also contain a vindication requirement - on the seizure of property in kind from a budgetary institution for its transfer to the donor or on the return of funds.
DONATION AGREEMENT
CONSTRUCTION AND ASSEMBLY WORKS
30.11.2016 No. 1-D
Moscow
Limited Liability Company "Beta", we call oh hereinafter "The Donor", represented by CEO Petrov Alexander Ivanovich, acting his based Charter, on the one hand, and Religious organization Orthodox Parish of the Church of the Virgin Mary in Moscow of the Moscow Diocese of the Russian Orthodox Church (Moscow Patriarchate), we call and I further "Gifted", represented by the rector Mikhalkov Sergey Sergeevich, acting his based Charter, on the other side,collectively referred to as the "Parties", have entered into this Agreementabout the following:
1. THE SUBJECT OF THE AGREEMENT
1.1.
Benefactor under this Agreementmakes a charitable donation in favor of the donee in the form of free of charge of construction and installation worksin accordance with Appendix No. 1 to this Agreement(hereinafter - the gift).
1.2.
The specified construction and installation works are a donation for the implementation of charitable activities aimed at achieving the statutory goals of the donee.
1.3. The Donor carries out the work under this Agreement personally.
14 . Gift value according to the estimate (Appendix No. 2 to this Agreement) is RUB 1,500,000 (one million five hundred thousand)
15 . Gift transmitted in the moment signing the act of acceptance and transfer of construction and installation works, drawn up in two copies.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Donor undertakes to transfer donee technical and other documentation necessary for the proper possession and use of the result of the work performed.
2.2. The Donor is obliged to start performing work under this Agreement no later thanDecember 1, 2016.
2.3. The donee is obliged to assist the Donor e for the proper fulfillment of obligations under this Agreement, in including provide all necessary information and documentation related to the construction-
installation work.
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The transfer of the gift is carried outat the location of the donee.
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The donee has the right to refuse it at any time before the gift is transferred to him.The refusal of the donee from the gift must be made in writing. form. In this case, the real Dthe agreement is considered terminated from the moment the Donor receives the refusal.
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The Donor's refusal to perform the Agreement does not give the donee the right to claim damages.
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. The terms of this agreement and additional agreements to it are confidential and not subject to disclosure.
3 . FORCE MAJEURE (force majeure)
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.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if the failure was the result of natural phenomena, the actions of external objective factors and other force majeure circumstances for which the Parties did notrespond and prevent the adverse effects of which they do not have opportunities.
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.2. The Parties shall be liable for partial or complete failure to fulfill obligations under this Agreement if there is fault only in cases provided for by law or this Agreement.
4 . DISPUTES RESOLUTION
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.1. All disputes and disagreements that may arise between the Parties on issues that have not found their own reflection The differences in the text of this Treaty shall be resolved through negotiations.
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.2. If disputes are not resolved during the negotiation process, disputes are subject to consideration inMoscow Arbitration Courtin the manner prescribed by applicable law.
5. FINAL PROVISIONS
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1. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by authorized representatives of the Parties.
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.2. Neither Party has the right to transfer its rights and obligations under this Agreement to third parties without the written consent of the other Party.
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. This Agreement is drawn up intwocopies having equal legal force, one copy for each of the Parties.
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. In cases not provided for by this Agreement, the Parties shall be guided by the current legislation of the Russian Federation.
6. LIST OF APPS
!} 6.1. Appendix No. 1 - List of construction and installation works.
6.2. Annex No. 2 - Estimate.
Document section: Sample Documents , donation agreements
A sample real estate donation agreement is presented below:
Standard real estate donation agreement
G. __________ "___" ___________ ____
We hereinafter refer to __ as the "Donor", represented by ____________, acting on the basis of __________, on the one hand, and _______________, hereinafter referred to as ___ "the Done", represented by _____________, acting on the basis of ________, on the other hand, collectively referred to as the "Parties", have concluded this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. In accordance with this agreement, the Donor undertakes to transfer to the Donee as a donation the following real estate object (hereinafter referred to as the "Property Object") free of charge: An unfinished building object located at the address: ____________, _________, st. _______, d.__, approximate area according to BTI measurements _________ sq.m.
1.2. The technical characteristics of the Object under construction are given in the explication and floor plan, copies of which are an integral part of the Agreement (Appendix No. 1 to the Agreement).
1.3. The unfinished construction object belongs to the Donor on the right of ownership, which is confirmed by the Certificate of state registration of the right __________, issued by the Office of the Federal Registration Service on ___________ "__" ________, object reference number ______________, registration entry No. ______________ dated "__" _______.
1.4. The Donor guarantees that the Object under construction, as of the date of signing by the Parties of the Agreement, is free from debt and pledge obligations, arrest and other prohibitions imposed in accordance with the procedure established by law, and is not burdened with other rights and requirements of third parties.
1.5. The object under construction is located on a land plot, cadastral number _____________, with a total area of _____________ sq.m., located at the address: _________________ (hereinafter referred to as the "Land Plot").
1.6. The land plot was provided to the Donor on a lease basis in accordance with the land plot lease agreement (registration record No. ______________ dated __________), concluded on the basis of: ____________
1.7. The transfer of the Object under construction is carried out by signing by the Parties in accordance with Art. 556 of the Civil Code of the Russian Federation of the Transfer Deed.
1.8. Ownership of the Object under construction passes from the Donor to the Donee at the time of state registration of the transfer of ownership of the said Object under construction in the Office of the Federal Registration Service by _________________.
1.9. According to paragraph 1 of Art. 35 of the Land Code of the Russian Federation, paragraph 3 of Art. 552 of the Civil Code of the Russian Federation, upon transfer of ownership of the Object under construction, the donee acquires the right to use the land plot occupied by the Object under construction and which is necessary for its use, on the same terms and in the same volume as the Donor.
1.10. The Parties, simultaneously with the signing of this Agreement, will sign an agreement on the assignment of the rights to lease the Land Plot specified in clause 1.5. actual agreement.
1.11. The Donor transfers to the Donee the Property Object specified in clause 1.1 of this Agreement for use for the following purposes: ________________.
1.12. The Donor bears all costs associated with the state registration of the transfer of ownership of the Object under construction to him, in accordance with the current legislation of the Russian Federation.
1.13. If the use by the Done of the Real Estate Objects in accordance with the purpose specified in clause 1.2 of this agreement becomes impossible due to changed circumstances, then the Real Estate Object can be used for another purpose only with the written consent of the Benefactor.
1.14. The Donee accepts a donation from the Donor without any conditions or reservations.
1.15. The donee is included in the circle of non-commercial legal entities specified in Part 1. Art. 582 of the Civil Code of the Russian Federation, to which it is legally allowed to make a donation.
2. PRIVACY
2.1. The terms of this agreement and additional agreements to it are confidential and not subject to disclosure.
3. Rights and obligations of the Parties
3.1. The donor is obliged:
3.1.1. Submit the documents required for the state registration of the transfer of ownership of the Object under construction to the donee within a period not exceeding 10 (ten) calendar days from the date of signing the Agreement.
3.1.2. Bear the risk of accidental loss and accidental damage to the Unfinished Object until it is transferred to the Done under the Transfer Deed.
3.1.3. Within 5 (Five) days from the date of state registration of the transfer to the Donee of the right of ownership to the Object under construction, transfer to the Done the Object under construction under the Transfer Deed with all technical and other documentation attached in relation to the said Object under construction.
3.1.4. Notify in writing ___________ (Land Plot Landlord) of the alienation of the Unfinished Construction Object owned by the Donor no later than 10 (Ten) calendar days after the state registration of the transaction.
3.1.5. Pay the state duty for the state registration of the transfer of ownership of the Unfinished Object.
3.2. The donee must:
3.2.1. Provide the Donor with all the necessary documents to register the transfer of ownership of the Unfinished Construction Object within 2 (two) calendar days from the date of signing the Agreement.
3.2.2. Issue a power of attorney to the representative of the Donor for the right to represent the interests of the Donor in the Office of the Federal Registration Service at _____________ and perform all necessary legal and factual actions related to the state registration of the transfer of ownership.
3.2.3. Accept the Object under construction according to the Transfer Deed in accordance with clause 3.1.3. Agreement.
4. TERM OF THE CONTRACT
4.1. This agreement comes into force from the moment of its signing by authorized representatives of the parties and is valid until the parties fully fulfill all their obligations in accordance with the terms of the agreement.
5. DISPUTES RESOLUTION
5.1. All disputes and disagreements that may arise between the parties on issues that have not been resolved in the text of this agreement will be resolved through negotiations on the basis of current legislation.
5.2. If disputes are not settled during negotiations, disputes are resolved in the Arbitration Court of _______________ in the manner prescribed by the current legislation of the Russian Federation.
6. FINAL PROVISIONS
6.1. In all other respects that are not provided for by this agreement, the parties are guided by the current legislation of the Russian Federation.
6.2. Any changes and additions to this agreement are valid provided that they are made in writing, sealed and signed by duly authorized representatives of the parties.
6.3. The agreement is drawn up in Russian in triplicate, one of which is kept by the Benefactor, the second by the donee, and the third is transferred to the Federal Registration Service.
7. ADDRESSES AND DETAILS OF THE PARTIES
Donor:
Done
8. SIGNATURES OF THE PARTIES
Donor:
Done
Donation is one of the forms of donation. Such transactions are characterized by a targeted transfer of funds. To document the transaction, a donation agreement is filled out. This is especially true in transactions between legal entities. The form does not have a fixed form. At the end of the article, you can download an approximate sample that meets the requirements of the Civil Code of the Russian Federation.
The donation agreement is drawn up according to the same rules as other business papers. At the beginning, enter the name of the document, the city where it was signed, and the date of execution. Further, the preamble contains the data of the parties, which, within the framework of legal relations, are referred to as the "Donor" and "The Done".
- Subject of the agreement. It should be indicated what exactly (cash, real estate, things, and so on) and for what purposes is transferred by the donor.
- Rights and obligations of the parties. A specific period is set for the donor, within which he undertakes to transfer the property indicated in paragraph 1. The donee, in turn, must use the gift only for its intended purpose. If due to any circumstances this becomes impossible, its use for other purposes will require the written consent of the donor.
- Responsibility. It is mentioned here that if the property is misused, the agreement can be cancelled.
- Other conditions. These include the effective date of the contract, the procedure for amending and resolving disputes.
- Party data. Indicate the addresses of organizations and their bank details. In the case of individuals, the place of registration, passport data and contact information are entered.
- Signatures of the parties.
The donation agreement is drawn up in two copies. Each party is given one form.
The document can be supplemented with other items. In particular, a subheading dealing with dispute resolution is included. For this, the parties go to court. Another point that is sometimes singled out as a separate item is the conditions for terminating the contract. It is necessary to provide for the possibility of refusal of a donation by the donee and cancellation of the transaction by the donor.
What can be donated
The key point of the document is a clear definition of the subject of the contract. In addition to the name, its characteristics are included in the text.
You will need to specify:
- For cash - amount and currency.
- For a thing - all significant features, including wear and tear and existing shortcomings.
- For a land plot - the presence of third parties with ownership of this plot.
Difficulties often arise in the transfer of land. Be sure to indicate whether there is an encumbrance. For example, there is a building on the site that is not owned by the donor. Then its owners will continue to use the object and the part of the land necessary for this.
On the other hand, if a building is given as a donation, the site occupied by this object also departs with it.
Who can act as parties to the transaction
The contract can be concluded both with the participation of individuals and between legal entities. In the case of organizations, expenditure transactions must be documented. This rule also applies to donations.
You can donate money or property for the intended use:
- individuals;
- scientific and educational institutions;
- medical and educational institutions;
- religious organizations;
- cultural organizations;
- any subjects of the Russian Federation.
The Civil Code of the Russian Federation does not establish restrictions on what exactly can be transferred as a donation. Registration of transactions with any property that may be useful to society is allowed. From the side of the donee, no one's permission is required to accept the donation.
Important! A donation agreement can be concluded between legal entities provided that at least one of them is not a commercial organization.
In some cases, restrictions are placed on the scope of persons who can act as a donor. When it comes to a donation to a political party, municipal institutions, along with other persons, cannot transfer property or money. In addition, citizens of foreign countries do not act as donors.
Is it possible to conclude a deal through an intermediary
The law allows the conclusion of a donation agreement without the personal presence of the parties. In this case, the representative must have with him:
- from an individual - a notarized power of attorney;
- from a legal entity - a simple power of attorney.
Before signing the document, make sure that the power of attorney is valid. This must be done, as it can be withdrawn at the time of the transaction. To protect themselves, the other party has the right to request a copy of the power of attorney.
If the form is signed by a representative, his data will need to be indicated in the introductory part of the document, along with information about the donor himself (or the donee).
What is the difference between donation and donation
Although donation is often associated with donation, on the basis of Article 582 of the Civil Code of the Russian Federation, it can be said that there is a fundamental difference between them. Where to send the funds transferred as a gift, the recipient decides.
A donation under the Civil Code of the Russian Federation is a purposeful gift. As an example, funds can be donated to treat an illness or to purchase basic necessities.
When concluding an agreement, the donor has the right to specify not only the purpose of the transfer of funds, but also the method of monitoring compliance with the conditions set. If it turns out that the donation is not used for its intended purpose, its former owner has the right to revoke the agreement.
The text of the document is prepared by the donor. The donee is given a choice: to accept the transferred funds or to refuse them. Accepting a donation on your own terms is illegal.
A donation agreement under the Civil Code of the Russian Federation allows you to transfer money, things or property to the other party free of charge for use for certain purposes. The document provides for monitoring compliance with the conditions. Its uniform form has not been established. You can download a sample from the link below.
