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6.	system participants	/meme-bers/
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10.	technical support	/sup-port/

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Magazine " "

Selling your own bills is a very common thing. The scheme is extremely simple: the company transfers its bill of exchange and receives money in return. Many people do this. And completely in vain.

For some time now, particularly zealous local tax authorities, having seen the bill of exchange purchase and sale agreement, have been charging fines and penalties. They consider the money received for the bill to be income from sales. As we managed to find out, the Ministry of Taxes and Taxes agrees with the inspectors, although, according to the official who spoke with us, they did not give official instructions in this regard.

In fact, the purchase and sale agreement of your own bills is nothing more than a loan. The very concept of a bill of exchange is enshrined in Article 815 Civil Code. It is included in the chapter “Borrow and Credit”. Therefore, if you transfer a bill of exchange and receive money in return, then this is a regular borrowing. And there is no need to pay income tax on money received under a loan and credit agreement (Clause 10, Article 251 of the Tax Code).

“In general, you cannot enter into a purchase and sale agreement for your bill of exchange,” says Igor Polyakov, head of the Polyakov Legal Office company. – As long as you haven’t given your bill to anyone, it’s an ordinary “dummy” without any legal consequences. A bill of exchange, like any other, is a document that certifies someone’s rights. As long as your bill remains with you, it cannot certify any rights. Means, security it will not be available until it is delivered to its first holder. So, when you sell your own bills, you are essentially trading in air.”

The bill itself will be valid regardless of the document under which it is transferred. Advisor to the Members' Association bill market Fyodor Gudkov specifically emphasized at one of the seminars that even if you formalize the purchase and sale of your own bills, this will not affect their validity in any way.

But it is useless to prove to the tax authorities that the purchase and sale of a bill actually formalizes a loan. The inspector will not figure out whether you can sell your own bill of exchange or not. He will see the purchase and sale agreement and will add additional arrears, fines and penalties.

No problem with the loan agreement

Some issue bills without entering into any agreement at all. The provision on promissory notes and bills of exchange allows this. So you can simply issue an act of acceptance and transfer of the bill. But you shouldn't do this. After all, then you will not be able to confirm to the tax authorities that the money received for the bill is a loan and you do not need to pay income tax on this amount.

Therefore, the best option for issuing your own bill is to conclude a loan agreement. He arranges for the receipt of money for the bill of exchange and guarantees that there will be no problems with the tax authorities.

Please note that the loan agreement is considered concluded only from the moment the borrowed money is transferred (Article 807 of the Civil Code). Therefore, you must first receive them from the counterparty, and then give him the bill. If your partner does not transfer the money to you, consider that there is no loan agreement. Then you will find yourself in an unpleasant situation.

The fact is that the bill does not say for what and why you must pay money to its holder. You have to pay, that's all. Therefore, the owner of the bill may demand money from you, even if he himself did not lend you a penny. In this case, you will have to prove in court that you transferred the bill free of charge. If you can, you won’t pay, since donating anything, including bills of exchange, between companies is prohibited (Article 575 of the Civil Code). But why do you need unnecessary problems if they can be avoided?

An unscrupulous partner may transfer money to you for a promissory note and a nominal fee. Try it, prove that you agreed with him for a larger amount! After all, the one indicated in the bill itself does not play any role - this is its face value, that is, the amount that you will be required to pay. The loan agreement for the main part of the money will be considered unconcluded and cannot be referred to. You cannot prove what you should have received for the bill a large amount- pay the bill.

In addition, be sure to write down in the agreement that the lender can demand that you repay the loan only by presenting a bill of exchange for payment. Also state that once you, the borrower, pays the note, your obligations under the loan agreement will be fulfilled. Then a negligent partner will not be tempted to receive the money lent to you twice: the first time by selling your bill to a third party, and the second time by demanding that you return the amount under the loan agreement itself. You are obligated to pay the bill, even if there was no agreement.

There was a bill of exchange - it became a loan

Let's say your counterparty insists that he will transfer the money only after receiving the bill. Then the loan agreement is not suitable for you.

In such cases, many companies enter into an agreement for the issuance of a bill of exchange. Under this agreement, one party undertakes to deliver the bill, and the other party must accept and pay it. This agreement is convenient because it can clearly indicate within what time frame and how much must be transferred for receiving the bill. If the counterparty does not give you the money for the bill on time, you can demand termination of the contract.

The subject of this agreement, of course, is very similar to the subject of a purchase and sale agreement. With the only difference that under the latter, things and property rights are transferred, and a personal bill at the time of its issuance is neither one nor the other.

But when checking, tax authorities often focus on the name of the agreement. Therefore, the agreement for the issuance of a bill of exchange will not attract as much attention as the one called the agreement for its purchase and sale.

And everything would be fine. But what if particularly meticulous inspectors still come to the conclusion that the issuance of a bill with its subsequent payment is an ordinary purchase and sale? Sometimes you can expect the most unexpected decisions from them. You can insure yourself by concluding an additional agreement to the bill of exchange agreement.

It looks like this. You draw up an agreement for the issuance of a bill of exchange. As soon as the counterparty transfers the money to you, you sign an additional agreement with him, in which you remake the agreement on the issuance of a bill of exchange into a loan agreement. In this additional agreement you will need to write that the money transferred for the issuance of the bill was received by you on loan. And the bill itself certifies the borrower’s obligation to repay the loan. This way you can protect yourself from inspection claims and from dishonest behavior of your partner.

Moreover, you can redo the agreement at any time, even when the tax authorities have already accrued arrears on income taxes. This conclusion is confirmed by arbitration practice (FAS resolution Northwestern district dated November 17, 2003 No. A56-7706/03). But, however, in this case it will no longer be possible to do without a trial with the tax authorities.

Loan agreement with issuance of a bill of exchange

LLC "Nuzhda", hereinafter referred to as the "Borrower", represented by general director Sergei Fedorovich Smirnov, acting on the basis of the Charter, on the one hand, and OJSC “Blagodetel”, hereinafter referred to as the “Lender”, represented by General Director Igor Viktorovich Stepanov, acting on the basis of the Charter, on the other hand, hereinafter referred to as the Parties, have concluded this agreement on the following:

1. The Lender provides the Borrower with a loan sum of money in the amount of 100,000 (One hundred thousand) rubles 00 kopecks.

2. The Borrower transfers to the Lender its own promissory note, certifying the fact of receipt of the loan and the Borrower’s obligation to pay the amount of money received as a loan and interest on it.

3. Details of the bill:

4. The lender may demand repayment of the loan amount and payment of interest only by presenting the bill of exchange for payment, and not earlier than May 1, 2005.

5. The Borrower’s obligations to return the money received as a loan and pay interest on the loan are considered fulfilled at the time of payment on the bill specified in paragraph 3 of this agreement.

6. From the moment the Borrower transfers his own bill of exchange to the Lender, the relations of the parties to the bill of exchange are regulated Federal law dated March 11, 1997 No. 48-FZ “On bills of exchange and promissory notes.”

7. The Lender undertakes to transfer the loan amount to the Borrower’s account no later than June 4, 2004.

8. The Borrower undertakes to transfer to the Lender the bill specified in paragraph 3 of this agreement within 1 (One) business day following the day the money is credited to the Borrower’s account.

9. The transfer of the bill of exchange is formalized by an act of acceptance and transfer.

10. The Agreement comes into force from the moment it is signed by the Parties and terminates after the Parties have finally settled all settlements under it.

11. Details and signatures of the parties:

Agreement for issuing a bill of exchange

LLC "Nuzhda", hereinafter referred to as the "Biller", represented by General Director Sergey Fedorovich Smirnov, acting on the basis of the Charter, on the one hand, and OJSC "Blagodetel", hereinafter referred to as "Billholder", represented by General Director Igor Viktorovich Stepanov, acting on the basis of the Charter, on the other hand, hereinafter referred to as the Parties, have entered into this agreement as follows:

1. The drawer issues to the holder its own bill with a face value of 120,000 (One hundred and twenty thousand) rubles 00 kopecks no later than June 4, 2004.

2. The issuance of a bill of exchange is formalized by an act of acceptance and transfer.

4. For issuing a bill of exchange, the holder of the bill transfers 100,000 (One hundred thousand) rubles 00 kopecks to the Drawer no later than June 10, 2004.

5. For violation of the deadline for transferring money for issuing a bill, the Bill Holder pays the Drawer a penalty in the amount of 0.01 percent of the value of the bill specified in paragraph 4 of this agreement for each day of delay.

6. This agreement may be changed or terminated by agreement of the Parties or in court. Agreements are concluded in writing and are an integral part of this agreement.

7. This agreement comes into force from the date of signing by the Parties.

From a technical point of view, the RVS-Vekselya system is implemented in the architecture client-server, the role of clients is performed by terminals installed in any place convenient for system users, and the role of servers is performed by specialized RVS servers, optimally geographically distributed for uniform, guaranteed and fastest possible service of the terminals. Widespread Internet channels are used to connect terminals with RVS servers, which ensures high reliability and low cost of communications.

Several servers operate simultaneously (the system supports up to 128 servers), and any terminal can communicate with any RBC server to obtain complete information and place orders. Servers, continuously interacting with each other, duplicate all the necessary information (two-way data replication is carried out).

Such an organization of the system provides the following characteristics that are extremely important for network systems:

• High scalability. To improve system performance when the load increases, simply add additional servers.
• High performance. All servers of the RVS-Veksel system serve terminals in parallel and independently.
• High throughput. Only changes in the database are sent through communication channels.
• Highest reliability. The RVS-Vekselya system is operational as long as at least one system server is functioning.

Some of the servers are physically located on high-speed Internet highways, forming a kind of “skeleton” of the RVS-Vekselya system, guaranteeing uninterrupted operation systems, and some are located in areas with slow communications for reliable service of terminals located in these areas and to reduce information flows (network traffic) over high-speed channels. Each of the Servers of the RVS-Vekselya system has the right to register applications from terminals even in conditions of temporary loss of communication with other servers (due, for example, to technical damage to the communication channel), but after the resumption of communication, all applications will be immediately transferred to other servers.

The terminal of the RVS-Vekselya system allows you to view, enter, change and delete applications in the general database of the system, and also provides the necessary service functions for processing, analyzing and retrieving information.

In addition, the terminal carries out a communication session with the server of the RVS-Vekselya system to update the database.

The terminal of the RVS-Vekselya system also allows you to conduct negotiations and mail correspondence on issues of concluding transactions via the Internet. Thus, this allows you to partially refuse international and long-distance phone calls. During the development of the terminal, exceptional attention was paid to user interface

and creating the most convenient, comfortable and information-rich working environment.

• Each of the terminals stores a copy of the common database, which is updated with each communication session with the RVS-Vekselya system server. Thus, the terminal works with a local database, which provides undoubted advantages over the option of storing the database on a remote server:
• The speed of accessing and processing a local database is significantly higher than the speed of accessing a remote database, which saves time and allows you to process the database on the fly.
• There is no need to be constantly connected to the Internet, which means, firstly, independence from the availability of a communication channel (temporary loss of connection does not block the operation of the terminal), and secondly, the terminal can be installed on a laptop computer and used anywhere.

The financial sector, which has always been at the forefront of technological change, is now experiencing one of its biggest evolutions. First of all, this concerns banks and fintech startups, which are no longer the place where people come for money, but are becoming

The financial sector, which has always been at the forefront of technological change, is now experiencing one of its biggest evolutions. First of all, this concerns banks and fintech startups, which cease to be the place where people come for money, but become conductors of most of the necessary financial services. Through the eyes of the consumer, banks are beginning to provide such high-quality and comfortable services for the client that in everyday life, interaction with the organization itself becomes almost invisible and does not require time. Banks are finally going digital, and, according to experts and bankers themselves, the world will eventually come to banks without offices, without employees, without money and without clients.
Bank branches are closing all over the world: in Russia by 2025 there will be half as many as there are now. To successfully implement this direction, banks will have to solve several exclusively technological issues. For example, to provide 24/7 access to clients from anywhere in the world on any issue. At the same time, reliable remote authentication and protection of personal data are necessary, and employees and, possibly, clients themselves will need some office applications for distributed work. For now, this is not always possible, and in Russia not all leaders are ready to take the path of closing offices without reservations.
The reduction in the number of branches is only one of the reasons for the reduction in the number of employees, but far from the main one. Banks and fintech enterprises have become an advanced platform for testing all kinds of fashionable technologies. Ultimately, they come down to increasing customer autonomy, using intelligent assistants and chatbots, and increasing the role of CRM and big data business analytics.
However, right now they are talking more about simplifying banking procedures. The main reason for this is the abandonment of ordinary money in favor of cryptocurrencies and blockchain services. It may take years to implement this idea, however, it is already obvious how much they will simplify customer verification, the transactions themselves, and indeed any relationship related to liquid assets. Another change is tied to transactions: banks and fintech enterprises will communicate not with people, but with Internet of Things devices, the number of which already exceeds the population of the planet, and by 2025 will reach 50 billion. Of course, the client will independently determine them authority, but this is where his connection with the bank ends. People, however, remain the ultimate beneficiaries of the process.
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