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HOW impose a fine under the contract

How to impose a fine under the contract

Alas, not all contractors on time perform its obligations.

In the event of late payment, the company, whichowed, has the right to impose on the total amount of outstanding commitments fine, which is calculated at the refinancing rate or according to the current contract.

You will need

  • - The total amount zadolzhennosti-
  • - The number of overdue days-
  • - Interest rate of refinancing.



Usually, the size of the penalties, which have to pay a partner are calculated as a percentage of the amount due for each day of delay (Art. 330).


penalty calculation formula is reduced to the determination of the amount of debt, interest rate multiplied by the percentage and the number of days of delay.


In order to determine the fine, the accountant should bedetermine the amount of debt, including its value added tax. Then define the start and end date of delay. The date of commencement is the day following & nbsp-to-day, when according to the contract should your product or service has been paid. End of the period is the actual fulfillment of the obligations on the calculation (payment arrears).


The rate of interest is determined by the signed contract. For example, if the contract contains & nbsp- 0,1% of the total amount for each day of stitching or 30 rubles, guided by this agreement. In the absence of such an item, accrued interest is carried out on the refinancing rate, according to the norms of the Civil Code.


In calculating the rate of refinancing, note thatIt is an annual, so that when calculating the fine for one day in the denominator of the record 360 days. Then a fine one day, multiply the total number of overdue days.


If the delay concerns not moneyliabilities (the default in the building, and so on. p.), fine shall be imposed only if it is determined by the contract and is applied to the total price of the contract. If there is a default under several contracts calculation is carried out for each of them, and is summed up the total amount of fines.


After counting the penalty claims for unfulfilledobligations of the partner sent by registered letter with acknowledgment, and if he does not respond to them, the company may apply to the court to bring to justice grade and vytrebovaniya his debt.

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