How the inventory of assets is drawn up

Legislation provides for certain procedures for arrest of property. Inventory material values ​​is an obligatory document when it is imposed. Let's consider further the basic rules according to which this paper is made out.

General information

The seizure of property involves the withdrawal, restrictionuse or prohibition on disposing of material values ​​belonging to the subject. Its duration is determined by the authorized employees of the FSSP. In practice, it is often enough bailiffs' inventory is carried out for a larger amount than that which is subject to recovery. This procedure is carried out in the presence of witnesses.

Inventory of the debtor's property

With direct application of measures of influence, an act is drawn up. AT inventory of property the following information should be included:

1. FULL NAME. all persons present during the procedure.
2. The title of each item or property right. The document specifies their characteristics, the details of the papers, confirming the ownership of things to the subject.
3. A preliminary assessment of each item entered into inventory of property, as well as the total value of all material values.
4. Term, volume and type of restrictions.
5. A mark on the seizure of objects.
6. Information about the person to whom the material values ​​are transferred to the responsible storage or under protection.
7. A note on clarification to the subject who took the things, about his duties and rights, warning of responsibility for embezzlement, alienation, concealment, illegal transfer of items signed by a citizen.
8. Remarks and statements of persons who participated in the procedure.

Nuances

Inventory of property must be signed by the employee of the FSSP, understood,the entity that accepted the material values ​​for storage, as well as other citizens who were present during the procedure. In the event of the refusal of someone to put their signature in the act, a corresponding mark is placed. Inventory of property, copies of the resolution are sent to the partiesenforcement proceedings, as well as to other interested parties no later than the day following the date of execution of the documentation. If the material values ​​were withdrawn, the transfer of securities is effected immediately. The decision on the removal / seizure of real estate is sent to the registering authority within three days from the date of issuance in electronic form.

Specificity of the procedure

The inventory is drawn up only for that property,which belongs to the debtor. The duty of proving that these or other material values ​​are not his property is the responsibility of the citizen and his relatives. Exclusion of property from inventory is carried out in accordance with the normsprocedural legislation. The relevant application must be sent to the authorized authority before the sale of material values. At first, the funds in the accounts are subject to arrest. A citizen has the right to propose his order. However, the final order is approved by the bailiff. In this case, the employee may not comply with the order of priority.

List of items not subject to arrest

The legislation establishes a list of objects, the use and disposal of which can not be limited. The list includes:

1. Housing, if it is the only place suitable for living.
2. Household goods and personal use. The first include, for example, a refrigerator, a TV, to the second - clothes, shoes, etc. Exceptions are luxury goods (jewelry, etc.).
3. Material values ​​used by a citizen to carry out professional activities, except for things, the value of which is more than 100 minimum wages.
4. Workers, dairy, pedigree cattle, bees, deer, birds, rabbits raised not for entrepreneurship, feed and buildings necessary for keeping these animals.
5. Seeds for sowing.
6. Fuel needed for heating and cooking.
7. Food, cash, the amount of which is not less than the subsistence minimum for a citizen and those who are his dependents.
8. Property, which is necessary for the subject in connection with disability.
9. State awards, commemorative and honorary signs, prizes.

In addition, the arrest of property seized from circulation or limited in it is not allowed. Such subjects include narcotic compounds, weapons, etc.

Priority of inclusion in the document of material values ​​of the organization

It is established by law in accordance with the norms:

1. First of all, the arrest is imposed on movableitems not involved in the release of goods, the provision of services, the production of works. These include securities, except those that are in the reserve of investment funds, finished products, precious metals and stones, products from them and their scrap, office design items.
2. In the second turn, property rights are arrested. Restrictions are imposed on those of them that are not used in production activities.
3. In the third turn, real estate is arrested, which does not directly participate in the production of products, works or services.
4. Material values ​​used for production purposes are subject to restrictions by the latter.

It is necessary to say that if the collection of objects of the previous line is not drawn, the arrest can not be superimposed on subsequent categories of objects.

Restrictions on the car

When the vehicle is arrested, a document is attached to the inventory, inwhich gives the characteristics of individual elements and nodes. For example, the number of the engine, the condition of the body, tires, the presence of mirrors, etc. are then indicated. After that, a resolution of the employee of the FSSP on prohibiting the removal of the vehicle from the register, the performance of the inspection, the change in registration data is sent to the State Traffic Safety Inspectorate. In addition, the technical passport is withdrawn to prevent re-registration of the machine.

Other cases

Arrest may be imposed on:

1. The right of demand for executive documents.
2. Accounts receivable.
3. Exclusive rights to products of intellectual activity, means of individualization.

Particular attention should be given to restrictions inreceivables. They involve the establishment of a ban on the commission of transactions that lead to the termination or change of relations within which obligations arose. The employee of the FSSP draws up an act and draws up a resolution, which indicates the list of documents confirming the existence of arrears. If necessary, these papers are seized and transferred to the person in charge for storage. Copies of the decision and the act are transferred to participants of the enforcement proceedings and the debtor.

Conclusion

It should be said that the inventory of property is drawn upnot only in case of his arrest. In practice, the procedure for issuing an act is used in a variety of spheres. For example, in cases where the lease is concluded. Inventories of the property at the enterprise are made at inventory, equipment transfer to leasing, etc. When you make a document, special attention should be given to the valuation of objects. In some cases, an expert is invited to determine it.