The term “acceptance” is widely used in the financial sector. Ordinary people come across this term when applying for a loan. The mark “accepted” can lead a citizen to bewilderment. Below we will consider the question of what acceptance is, and also talk about the rules for using this concept in various fields.
In essence, acceptance (eng. Accept - agree, accept) is the agreement of the recipient of the document to pay or be responsible for timely payment under this documentAcceptance: definition of the concept
The term in question is often used in the field of entrepreneurship. In the case when one of the parties to the contractual relationship agrees with the initial terms of the contract, this means that the agreement has been accepted. It is important to note that the second participant does not make additions to the signed document. In simple terms, acceptance is a kind of agreement with the terms of the transaction.
According to experts, not only contracts, but also other types of documents are subject to acceptance.
As a rule, this tool is used in situations where the parties to the transaction cannot hold a personal meeting. In this situation, one party sends the other a copy of the contract. If you agree with the terms of the transaction, the company sends an acceptance confirming the conclusion of the transaction. It is important to note that the current laws provide a list of restrictions on the use of acceptances:
- The absence of a response from one or more parties to the contractual relationship cannot be considered as unconditional acceptance of the terms of the contract. The only exception is the situation in which the parties have previously signed an agreement with different conditions.
- In the event that a party to an agreement, having received a contract, begins to fulfill the terms without responding to the counterparty’s acceptance, the agreement is assigned the status of an accepted contract.
- The party acting as the initiator of acceptance receives a written notification with consent to formalize the contract or renounce the partnership. If the first situation develops, the second party undertakes to fulfill all the terms of the contract or pay a penalty.
It is important to note that the meaning of the term in question may vary depending on the scope of its use. The concept of “acceptance” can mean:
- Unconditional acceptance of the terms of the contract.
- Agreement with payment terms.
- Repayment of financial obligations under a bill.
Fulfillment of contractual obligations for personal reasons of one of the parties to the transaction. Summarizing all of the above, we can conclude that acceptance is agreement with certain conditions. Also in the financial sector, the phrase “payment without acceptance” is often used. This term must be understood as the forced withdrawal of money from the account of a person who has a debt to the second party. It is important to note that this right is granted only to representatives of government agencies.
Features of the conclusion (conditions)
As we said above, the use of acceptance is advisable in cases where participants in contractual legal relations cannot conduct personal negotiations with the aim of signing a contract. The party issuing the acceptance agrees to all the terms of the contract, depriving itself of the opportunity to make adjustments to the concluded agreement.
In addition, acceptance can be considered as conclusive actions within the framework of a public offer. Often, this term is considered as the use of the services of a participant in legal relations acting as an obligated party.
Acceptance is a procedure for reviewing the basic conditions of a financial, payment or other document and making a decision on payment Types of acceptance
Acceptance is a standard procedure during which payment orders and other acts of a financial nature are considered. Upon completion of the review of documents, the transaction participant must make decisions on payment and timing of repayment of financial obligations. Agreement with the terms of the agreement is confirmed by a personal seal, a signature marked “acceptance” or a digital signature.
According to current laws, the issuance of acceptance implies full and unconditional agreement with the requirements of the second party. This means that the party using this tool cannot fulfill only part of the points set out in the contract. The Civil Code contains complete information about the deadlines for fulfilling obligations, according to the issued acceptance.
Bill of exchange
In order to express consent to the payment of financial obligations on the basis of a bill of exchange, the party acting as a debtor must put its signature on this document. The need to confirm consent to pay the debt arises only when using bills of exchange. Here it is necessary to highlight the fact that the date of acceptance of the bill is the day on which the debtor put his signature on the document. In the case of a promissory note, there is no need to mark it, since the countdown of the period for repayment of the debt begins from the day the paper is received.
It is necessary to confirm agreement with the terms of the bill only in cases where the party that drew up this document indicated the clause on the issuance of acceptance. Payment for bills of exchange is carried out within a certain time period from the moment the document is presented.
In banking practice
We have already said above that the instrument in question is often used in banking practice. In this area, “acceptance” means the bank’s consent to issue funds as a loan. Before giving permission to apply for a loan, employees of a banking organization carefully study the client’s credit history.
As an example of how this tool works, let's look at a small practical example. An entrepreneur who is a client of the bank wishes to make payment according to the agreement. The funds must arrive in the counterparty's account within a certain period. However, the entrepreneur himself does not have enough financial resources in his account. In this case, the entrepreneur can ask the bank to make a transfer in the name of the counterparty. Bank employees, having analyzed the credit history of their client, make a decision on this issue. Next, the bank waits until new funds arrive in the depositor’s account in order to deduct the amount spent.
It should be noted that in banking practice terms such as preliminary and subsequent consent are used. The credit institution that received the payment order must receive confirmation from the payer. After receiving consent, funds intended for payment are frozen for three days. This period is provided so that the payer can change his decision and refuse to transfer funds. If there is no withdrawal of funds after the above-mentioned period, the bank carries out the transaction.
Acceptance can be transmitted to the sender of the document through an electronic signature, an inscription on the document or other means of communication Offer
Acceptance with the terms of a public offer should be understood as confirmation of consent to the execution of a contract in accordance with the conditions recorded in the document. As a rule, a public offer consists of several large sections, including many different points. The second party to the transaction may need a long period of time to study all the conditions proposed by the counterparty. It should be noted here that receipt of a notice with notes on the meaning of certain points and questions about the terms of the agreement cannot be considered as official consent to conclude an agreement.
According to lawyers, it is unacceptable to conclude contracts upon receipt of notifications containing not only acceptance, but also comments on various sections of the public offer. This nuance must be taken into account before you begin to fulfill your obligations under a contract where the signature of the second participant is missing. Before starting work, it is recommended to settle all legal details and make appropriate adjustments to the contract.
Check
The term “invoice accepted” implies the agreement of the second party with the requirements of the participant in the contractual legal relationship who drew up the payment order. This mark confirms agreement with both the invoice amount and the deadlines for the execution of the contract object. Receipt of such confirmation means a quick transfer of funds to the account of the sender of the goods or the organization providing the service. It should be noted here that obtaining consent to a payment order cannot be regarded as the fact that payment will occur earlier than the deadlines specified in the contract.
Acceptance of an invoice must be considered as a preliminary agreement on the amount and timing of payment. If the participant who accepted the payment order does not agree with its content, he may require his counterparty to make adjustments. This participant also has legal grounds for refusing to pay. If acceptance is issued, this company undertakes to make payment within the time limits specified in the payment order.
Agreement
Entrepreneurs who use various acts that require acceptance in their practice must use certain accounting techniques. After concluding the contract, the participant in the transaction, acting as the seller, sends the goods or provides the service. After this, this party generates a payment slip, which is sent by mail or delivered in person.
It takes five business days to issue an invoice. An acceptance confirming agreement with the total amount to be paid and the terms of repayment of the debt is recorded in the payment order or sent as a separate notification. Receipt of such a document is official confirmation that all clauses of the contract will be fulfilled on time.
According to Russian legislation, acceptance is complete (it is impossible to accept part of the obligation) and unconditional (unconditional) Accepted letter of credit
The term "letter of credit" is used in relation to those contracts where, in addition to the main parties to the agreement, there is a third party. As a rule, a bank acts as an intermediary. The participant in the transaction, acting as the seller, is obliged to ship the goods or perform work in accordance with all the requirements of the contract. The customer of goods or services undertakes to submit payment in a timely manner. In such legal relations, the bank acts as a guarantor, monitoring the fulfillment of the obligations of each of the parties to the transaction. Most often, such transactions are carried out when concluding international contracts.
Acceptance is often used when drawing up contracts that involve the participation of a bank. In most cases, acceptance is used in conjunction with a bill of exchange. The use of letters of credit allows you to:
- Accept actions performed in accordance with the bill of exchange that was issued by the second party to the transaction.
- Possibility of transferring a bill of exchange to a third-party banking organization.
Based on the foregoing, we can conclude that acceptance of a bill of exchange under a letter of credit must be considered as confirmation of acceptance of all the terms of the contract that was concluded using this document. At the time of acceptance, all financial obligations are transferred to the third party to the legal relationship.
Current deadlines
Accept - what does it mean? As we said above, this mark indicates the acceptance of all obligations in accordance with the framework of the agreement. However, there are situations in which it is almost impossible to indicate specific deadlines for fulfilling obligations. As a rule, each entrepreneur independently sets the deadlines necessary for a comprehensive study of the received documents.
Experts also recommend taking into account the specifics of commercial legal relations. In the absence of specific deadlines allotted for making a decision, the entrepreneur needs to contact the counterparty in order to agree on the duration of the time period allotted for making the final decision. It is important to note that acceptance received after this period can be considered as agreement to the terms of the contract.
What does "preliminary acceptance" mean?
As we noted earlier, in the banking industry concepts such as “preliminary” and “subsequent” confirmation are used. Preliminary consent means that the payer gives the bank permission to transfer funds to its counterparty. It should be noted here that the absence of a refusal issued within three days makes the payment accepted. It is also worth highlighting the fact that the day on which the settlement document was received by the bank is not taken into account. The transaction itself is carried out within the next day after the expiration of the period allotted for canceling the operation. If the bank received the payment order on Monday, the transaction itself will only be processed on Friday.
“Subsequent confirmations” allows the bank to pay payments at the time they are received. In this case, the payer is also given the right to write a refusal to pay within the above-mentioned period.
Acceptance of the invoice represents the payer’s agreement with the amount, terms and the received claim as a whole Conclusions (+ video)
Acceptance - what it is in simple words is quite difficult to explain. This fact is explained by the fact that when using this term it is necessary to take into account the specifics of a particular area. The broad meaning of this word can be described as agreement with the terms proposed by business partners.
Payment request– a settlement document with the help of which the creditor invites the payer to transfer a certain amount in payment of the debt for the supply of goods or services. Used for settlement and cash services on the basis of the “Regulations on non-cash payments in the Russian Federation” of the Central Bank of the Russian Federation dated October 3, 2002 No. 2-P, and from July 9, 2012 - “Regulations on the rules for the transfer of funds” No. 383-P dated June 19, 2012. The payment request form standard is 0401061.
A payment request can be submitted in two forms: with acceptance, i.e., with the consent of the payer, or without acceptance.
If the payment request is submitted with acceptance, then the corresponding fields are marked “With acceptance” and the period for acceptance, calculated in working days, is indicated.
Typically, settlement using payment orders with acceptance technically takes longer than using payment orders, so this form is rarely used.
Write-off of funds without acceptance is possible only on the grounds expressly specified in the agreement or on the basis of the law.
In order for money to be debited without acceptance under an agreement, the payer must provide the relevant document to the bank. In addition, this form of payment must be stipulated in the settlement agreement itself or in an appendix to it. Next, the payer’s supplier will be able to indicate “Without acceptance” in the payment request in the corresponding field, and the funds will be transferred to him automatically.
In addition to the agreement of the parties, money can be written off without acceptance according to the law.
To do this, enter the basis in the appropriate field: the name of the law, its number, date of adoption and the corresponding article.
Direct write-off is allowed in the following cases:
- payment for electricity and heat, water supply, postal, telegraph, telephone and other services. In this case, the readings of measuring instruments and the current tariffs or calculations for them are indicated;
- fines and excess amounts received under supply contracts, freight charges and fines in transport obligations;
- recognition by the debtor of a claim for a certain amount.
In addition, the payment request can be used to enforce a court decision. Moreover, this can be done not only by the bailiff service, but also by the party that won the case. Suppose an enterprise or individual wins a lawsuit against an organization. As a result, we have a decision to collect a certain amount. Based on this document, a payment request is drawn up, which is sent through your bank to the credit institution servicing the debtor.
The development of banking and information technologies has entailed the need to confirm the receipt and acceptance of various financial instruments for settlements. Acceptance became such a tool.
Accept - what does it mean?
In essence, acceptance (English Accept - agree, accept) is the agreement of the recipient of the document to pay or be responsible for timely payment under this document.
Acceptance is a procedure for reviewing the basic terms of a financial, payment or other document and making a decision on payment. Acceptance can be transmitted to the sender of the document through an electronic signature, an inscription on the document or other means of communication.
According to Russian legislation, acceptance is complete (it is impossible to accept part of an obligation) and unconditional (unconditional).
According to the Civil Code, the deadlines are determined from the moment from which various documents are considered accepted. Let's look at the main ones.
Check
Acceptance of the invoice represents the payer’s agreement with the amount, terms and the received claim as a whole. The presence of acceptance presupposes settlement by non-cash transfer from the payer's account to the recipient's account.
At the same time, an accepted invoice does not give the seller of goods or services the right to demand payment earlier than established by the contract or agreement. When the buyer contacts the bank with a refusal to pay, the credit institution will require the basis for the refusal. If acceptance is received, the bank makes the payment through its settlement center on behalf of the payer.
Offer
If acceptance of an invoice is consent to make a payment, then acceptance of an offer is consent to conclude an agreement or contract on the terms specified in the offer.
The offer reflects the essential parameters of the contract being concluded and sets a certain deadline for a response. A simple response to an offer that contains comments on the terms of the agreement does not constitute acceptance. The moment of acceptance is the moment the sender receives the offer of acceptance.
If the withdrawal of acceptance is received simultaneously with the acceptance itself, the offer is considered not accepted. At the same time, Russian legislation provides for the acceptance of an offer exclusively and necessarily by the person to whom the offer was sent.
Bill of exchange
Acceptance of a bill of exchange is the affixing on its face of an inscription indicating the acceptance of the acceptor to pay the bill of exchange. There is no acceptance on a promissory note, since it simply does not make sense - the obligation to pay arises and is accepted by default by the payer on the date the bill is issued.
The moment of acceptance is the date of affixing the inscription on the bill. Acceptance is used only in respect of a draft. obligatory, if the drawer has indicated its obligatory nature in the text, the draft is paid within a certain period from the moment of its presentation, the draft is paid by the payer of the bill.
In accounting
In the accounting of an organization, accepted and payable invoices are recorded in account 60. Acceptance occurs according to the following scheme: the supplier delivers a consignment of goods and issues an invoice to the buyer via electronic systems or on paper.
The invoice will be issued within 5 days. The buyer's acceptance is affixed to the document accepted for payment or sent to the supplier also in electronic form. Regardless of the period of receipt of acceptance, payment is made in accordance with the agreement concluded between the buyer and the supplier.
Banker's acceptance
Sometimes, in international transactions, banker's acceptance is used - consent to payment is issued by the bank based on a study of the client's cash flows. If on the date of payment planned according to the agreement (for example, with a letter of credit payment system) there is no remaining amount of funds in the client’s account, the accepting bank makes the payment from its own funds. The bank's acceptance to reduce risks is made only after a preliminary assessment of the client's solvency.
There are also preliminary and subsequent acceptance. With the acceptance payment system, the bank accepts payment documents with attached shipping documents for collection and requires the payer to confirm their payment.
After receiving an acceptance, its withdrawal is possible within 3 days; after the expiration of this period, payment from the payer’s account can be made without acceptance (that is, without the payer’s consent), subject to the presence of such an agreement with the bank account agreement. Payment of the invoice upon subsequent acceptance is carried out within one business day, not counting the day of receipt of documents.
Acceptance is one of the ways to guarantee the supplier timely payment for the goods and services supplied. Acceptance allows you to reduce document flow and risks for both parties to contracts.
Selection of nouns for the word based on the Russian language.
Data associated with this word has not yet been found.
Scope of use of the word unaccepted
Legal termBusiness vocabularyEconomicsBankingPatents
Morphological analysis (part of speech) of the word unaccepted
Part of speech:
adjective
Degree of comparison:
Declension of the adjective unaccepted
| Case | Question | The only thing | Plural | ||
|---|---|---|---|---|---|
| Male | Average | Female | |||
| Nominative | (who what?) | unaccepted | unaccepted | unaccepted | unaccepted |
| Genitive | (who, what?) | unaccepted | unaccepted | unaccepted | |
| Dative | (to whom; to what?) | unaccepted | unaccepted | unaccepted | |
| Accusative | (who, what?) | unaccepted | unaccepted | unaccepted | |
| Instrumental | (by whom, what?) | unaccepted | unaccepted | unaccepted | |
| Prepositional | (About who about what?) | unaccepted | unaccepted | unaccepted |
The response of the person who received the offer (acceptor) regarding consent to enter into an agreement is of decisive importance in the formalization of contractual relations.
Acceptance, i.e. the response of the person to whom the offer was sent regarding acceptance of its terms must be complete and unconditional (Art.
Acceptance may be expressed in the form
- written response (including messages by fax, telegraph and other means of communication);
- actual actions of the buyer to pay for the goods (in case of a public offer);
- taking actions to fulfill the terms of the contract specified in the offer (implicit actions);
- other actions of the counterparty under the contract (filling out a guest card and receiving a receipt at the hotel, purchasing a ticket on a tram, etc.).
In appropriate cases, the performance of actions to fulfill the terms of the contract specified in the offer (implicit actions) is also recognized as acceptance. This requires that such actions be completed within the period established for acceptance (unless otherwise provided by law or specified in the offer). Consequently, the law considers the actions of the party who received the offer to fulfill the terms of the contract specified in it (shipment of goods, performance of work, provision of services, etc.) as its acceptance.
If, for example, the supplier organization, having received a telegram from the buyer organization with a request to supply a certain number of goods and with a guarantee of payment as soon as possible, ships the corresponding goods, this will mean that an agreement has been concluded between the parties and a possible delay in payment for goods will be considered a violation of the buyer’s contractual obligations. At the same time, judicial practice considers acceptance of a draft agreement that provides for repeated shipment of goods (performance of work, provision of services) during its validity period, the case when the person who received such a draft agreement fulfilled the obligations provided for only for the first period his actions.
Direct write-off
Undisputed (without acceptance) write-off funds from accounts without the owner's order.
Clear definition of the term undisputed write-off or direct write-off There is no such thing in Russian legislation.
The Civil Code of the Russian Federation contains wording that is broader in nature - debiting funds without an order from the account owner.
Article 854. Civil Code of the Russian Federation. Reasons for debiting funds from the account:
1. Funds are debited from the account by the bank based on the client’s order.
2. Without the client’s order, debiting funds on the account is permitted by a court decision, as well as in cases established by law or provided for by an agreement between the bank and the client.
Grounds for direct debiting of funds
In Russia, direct write-off of funds is regulated by several branches of law: civil, banking, business, financial, tax, customs.
According to paragraph 1 of Art. 854 of the Civil Code of the Russian Federation, funds are debited from the account by the bank on the basis of the client’s order. As a rule, client orders are drawn up on forms of the established form (payment order, application for letter of credit, check, etc.) in accordance with the requirements of the Regulations of the Central Bank of the Russian Federation on non-cash payments No. 2-P 04/12/2001.
According to paragraph 2 of Art. 854 of the Civil Code of the Russian Federation, the right to write off a client’s funds by a creditor without his consent is permitted by a court decision, as well as in cases established by federal law. For example, the Resolution of the Supreme Council of the Russian Federation dated 01.04.93 No. 4725-1 “On measures to improve payments for products and services of municipal energy and water supply and sewerage enterprises” stipulates that settlements of municipal energy and water supply and sewerage enterprises with consumers (except for housing municipal, budgetary organizations and the population) for supplied electrical and thermal energy, water supply and sanitation services are provided based on the indicators of measuring instruments without the payer's acceptance.
See also
- Civil Code of the Russian Federation
- Payment request
- Direct debit
ru.wikipedia.org>
Hello everyone! please help! what does direct payment mean?
Valentina M.
The concept of indisputable and direct write-off
According to Part 2 of Art. 854 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) “without the client’s order, debiting funds on the account is permitted by a court decision, as well as in cases established by law or provided for by an agreement between the bank and the client.” There are two possible situations here. The first is when the client and the bank agree on the cases in which non-acceptance or undisputed debiting of funds is possible. The second situation is related to the right of direct or undisputed write-off provided for by law. Moreover, it should be noted that the non-acceptance (indisputable) write-off procedure is valid only in relation to legal entities, while in relation to individuals a judicial procedure is required.
Catherine
Hello))) This means that the supplier will issue you a payment request to the bank indicating “without acceptance”, and the amount will be debited from your account without your consent.
Such conditions are specified in the contract.
What does without acceptance mean?
Anna
This is one word - without acceptance)))
Without acceptance - indisputable.
Direct payments are payments by organizations, enterprises, citizens, made on the basis of payment requests in an indisputable manner, which do not require the payer’s consent to pay them. These include rent, payment for gas, water, heat, electricity, for using the telephone, for the transportation of goods, the return of illegally collected amounts and a number of other payments.
Nadia
Without acceptance and without acceptance
acceptance - consent, confirmation
Payment without acceptance is a payment made on the basis of payment requests in cases where the payment does not require the consent of the payer, about which a special note is made in the document: “Without acceptance.”
What is an accepted invoice?
Olga:)
You have been issued an invoice for which your consent to payment is required.
The bank informs you that this invoice has been issued to you, and you sign an acceptance (i.e.
i.e. consent to payment) or you sign that you refuse acceptance (i.e. you do not agree to pay).
If you confirm acceptance, the money will be transferred from your account to this account. If they refuse to accept, then no.
Amalia Zolotnikova
Based on this invoice, the payee organization will issue a payment request (with the payer’s acceptance, i.e., yours). In the column “date of receipt of payment by the bank”, the bank accountant will record the date of receipt, and after receiving your approval, the “date of acceptance” will be entered and the claim will be paid.
What is direct debit?
What does this mean and what are they afraid of? This question pops up when you click on the tab to attach a QIWI wallet to Webmoney.
Vladimir apchel
What is direct debit?, I’ll explain with one example:
A person took out a microloan from one of the Internet microfinance organizations. By signing an agreement (putting his electronic signature) with the organization, he agrees with the clause in it that stipulates the direct write-off of his funds in the event of non-repayment of the debt.
The MFO transfers the borrowed funds to the borrower's bank card (bank account), and if he does not fulfill the terms of the agreement (payment of interest or full repayment of the debt), then these funds will be written off from his card (account) automatically or semi-automatically.
Regarding the situation mentioned in the question; “attach a QIWI wallet to Webmoney” - in both of these electronic payment systems it is possible to borrow funds by installing the direct debit function, they are simply insured against possible losses - if the WebMoney user does not return their debt to them (does not fulfill other monetary obligations), then the debt this one will be debited from his Qiwi wallet and vice versa.
This is a household example.
The procedure for direct debiting of funds, or with writing funds without the order of the account owner, occurs at higher levels and on a larger scale - in large campaigns, banks, etc.
Neptune
Direct write-off is a forced write-off of funds from the accounts of debtors without his consent and permission, as well as without the permission of the judicial authorities. This type of write-off in Russia is regulated by several branches of law - civil, banking, business, financial, tax, customs.
Annelika
A direct write-off is a write-off of funds without the owner’s order. Without your order, funds can be written off by a court decision, as well as by law or pre-agreed by the client and the creditor.
bolshoyvopros.ru>
Read also
1. Acceptance is the response of the person to whom the offer is addressed regarding its acceptance.
Acceptance must be complete and unconditional.
2. Silence is not acceptance unless otherwise follows from the law, business custom or from previous business relations of the parties.
3. The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided law, other legal acts or not specified in the offer.
Commentary on Article 438
1. Acceptance of an offer is an agreement expressed in words or appropriate behavior with the terms of the offer, made in the manner prescribed or specified by the offeror.
When concluding a contract, the acceptor's intention to accept the offer must be expressed in such a way that there is no doubt either about the fact of acceptance or about the coincidence of the terms of acceptance with the terms of the offer. These requirements can be expressed in the general rule that acceptance must be absolute and consistent with the terms of the offer.
There may be problems in determining whether acceptance has taken place. Thus, the intended acceptance may turn out to be:
a) refusal and counter offer. A counter-offer cannot be an acceptance of the offer. It means the offer is rejected and thus terminates it;
b) acceptance with some modification or addition of conditions. Acceptance of an offer may include conditions not contained in the offer, and in such cases no contract arises, since the acceptor thereby refuses to accept the offer and makes a counter-offer himself;
c) acceptance, undefined or containing a reference to additional agreement of conditions. Acceptance must be expressed unambiguously and not contain additional conditions regarding the offer. For example, the response: “Your request has come to our attention” is too vague to be considered an acceptance. An acceptance may also refer to the preparation of a more formal contract or to terms to be negotiated. In such cases, the agreement is incomplete and no contract arises.
2. Clause 1 of the commented article states that acceptance must be complete and unconditional.
This raises the issue of whether acceptance is unconditional until it is communicated to the offeror. It appears that when an offer is made, for a contractual obligation to arise, it is necessary not only that it be accepted, but that the acceptance be communicated.
Currently, when using electronic computer technology to conclude contracts, the latter are considered concluded not only if the acceptance is communicated, but also when feedback information about the receipt of the acceptance message by the offeror is received on the acceptor’s computer. Such a message can be sent through a special electronic document “Confirmation”, signed with the electronic signature of the acceptor, or an automatic confirmation (receipt) without an electronic signature.
Acceptance of an offer must meet certain requirements in order to have the force of acceptance. If the offer is accepted unconditionally, i.e. in the form in which it is formulated, without making any counterproposals, such acceptance is recognized as acceptance with all the ensuing consequences.
The response to an offer to conclude an agreement (acceptance) must be definite; it must clearly indicate the party’s intention to conclude an agreement on the terms proposed to it.
If the acceptor puts forward his counterproposals, for example, to include in the contract new conditions that were not in the proposal, or to change the wording of the clauses proposed in the contract, then according to Art.
443 of the Civil Code, such a response to an offer is recognized as a refusal of acceptance and at the same time a new offer.
2. In paragraph 2 of the commented article, the case of the so-called tacit acceptance is considered and it is stipulated that silence is not acceptance unless otherwise follows from the law, business custom or from previous business relations.
This clause recognizes that the rules governing the concept of “tacit acceptance” are not imperative, but dispositive.
For example, interbank agreements establishing settlement transactions on correspondent accounts of banks, as a rule, provide for the possibility of sending an offer to the correspondent in the form of an electronic message. If, within a certain period of time from the receipt of such a message, the correspondent does not express disagreement with the specified proposal in electronic form, the latter is considered approved by this correspondent and comes into force in relation to him.
If the parties' prior relationship has been, for example, on the basis that orders for goods are fulfilled by the seller without any other acceptance than dispatch of the goods, the offeror will consequently come to believe that this practice continues. Thus, if the offeror provides that acceptance may be expressed by silence or omission, the acceptor's express intention to accept the offer will bind the offeror.
3. Paragraph 3 of the commented article provides that actions to fulfill the conditions specified in the offer are considered acceptance, unless otherwise provided by law, legal acts or specified in the offer. These actions must be performed by the person who received the offer within the period established for its acceptance.
In some cases, the offeror may, by direct or implied instruction, refuse acceptance and recognize an uncommunicated acceptance as sufficient. That is, under some circumstances, acceptance may be recognized as completed, even if it remains unknown to the offeror. In this case, two conditions are necessary. There must be an express or implied indication by the offeror that a special mode of acceptance will suffice. In addition, the person to whom the offer is sent must have performed an action or the intention to accept the offer must follow from his behavior, and in accordance with the method of acceptance specified by the offeror. It may be impossible for the offeree to express his acceptance except by performance of the contract. This applies primarily to public offers, when the offer is addressed to an indefinite number of persons, and according to a clearly expressed indication, execution is a method of acceptance.
However, when a specified person receives an offer capable of acceptance by execution, it is necessary to consider more carefully the nature and terms of the offer and ascertain whether it entitles the addressee to dispense with notice of acceptance.
When one person informs another by letter that he will accept and pay for certain goods if the counterparty sends them to him, such an offer may be accepted by sending the goods.
If the terms of an offer, express or implied, indicate that it must be accepted, not by doing or refraining from doing a certain act, but by a counter-undertaking given by the acceptor, then it follows that the acceptance must be communicated before it is received. strength. However, in some exceptional cases, the offeror is considered bound even though acceptance has not been received by him. This is the case when the acceptance is given by mail or telegram, the acceptance being complete when the letter is sent.
JSC "Bank Acceptance"
Joint Stock Company "Bank Acceptance". Registered on October 24, 1990, License of the Bank of Russia No. 567.
Bank "Accept" (Novosibirsk) is a large regional financial institution, with a branch in Moscow and operational offices in the city.
Barnaul, Omsk, Krasnoyarsk.
The main activities of the bank are work with the corporate segment, high-quality and high-tech services for the financial and economic activities of enterprises and organizations, as well as providing the population with an expanded range of financial services.
The main advantages of Acceptance Bank are determined by its “regionality”, territorial proximity to the client, which allows you to quickly make decisions and offer package and, at the same time, individual service programs.
From the first days of the bank’s work, the priority tasks have been not only to promote the economic development of the region, but also to actively assist in solving social issues.
The very concept of “acceptance” is disclosed in Part 1 of Art. 438 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). As follows from this norm, this is a person’s response to an offer sent to him (an offer to conclude a certain agreement) about its acceptance. To recognize the acceptance as valid, the response must be received by the sender of the offer within the established time frame. As Part 2 of Art. 438 of the Civil Code of the Russian Federation, silence is not acceptance (unless otherwise follows from the law, agreement of the parties, custom or previous business relations of the parties).
Acceptance is the last and mandatory stage of the contract conclusion procedure. After the party sending the offer receives acceptance, the contract is considered concluded.
IMPORTANT! “Silent” actions of the party that has begun to fulfill the terms of the received offer can also be considered acceptance. Moreover, law enforcement practice equates to acceptance not only the full fulfillment of contractual obligations, but also the first steps in this direction (clause 58 of the resolution of the plenum of the RF Armed Forces and the plenum of the Supreme Arbitration Court of the Russian Federation dated 07/01/1996 No. 6/8).
What actions of the parties are recognized as acceptance?
The following can be regarded as acceptance:
- Written notification of agreement with the terms of the agreement.
- Implicit actions during a public offer (for example, the buyer’s selection and payment for goods placed on the counter in the public domain, payment for an air or train ticket, a tourist package on the seller’s website).
- The actual use by one party of the services of the second, obligated party, which provides these services (clause 2 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 05.05.1997 No. 14).
The last of these types of acceptance was recognized, for example, in the decision of the Arbitration Court of the Komi Republic dated November 1, 2016 in case No. A29-4306/2016: simply the fact of providing transportation services was sufficient to recognize the transfer of things to the carrier as an acceptance, and the contract of carriage as concluded.
Why acceptance must be complete and unconditional
The norms of civil law specifically stipulate the mandatory condition that acceptance must be complete and unconditional. If the party to whom the offer was sent disagrees with something and declares new conditions, this is already a refusal of acceptance and a new offer (Article 443 of the Civil Code of the Russian Federation). There is no partial acceptance.
Acceptance period
The deadline for responding to an offer may be:
- Defined in the offer. Moreover, it is considered to be complied with if the acceptance is not sent, but is received by the offeror within the required period. In practice, the courts directly require that the postal delivery period be taken into account when sending an acceptance (ruling of the 1st Arbitration Court of Appeal dated November 19, 2012 in case No. A39-2851/2012).
- Not defined in the offer. Then special rules are applied for certain types of legal relations (for example, see Article 19 of the Law “On Communications” dated July 7, 2003 No. 126-FZ) or the general rules of the Civil Code of the Russian Federation. There are only 2 of the latter, namely: sending acceptance within a normal period of time in a written contract (which implies an assessment of the period in the application to a specific relationship) and giving acceptance immediately in an oral contract.
The legislator also stipulated situations when acceptance may arrive late to the offeree for various reasons, excluding the timeliness of sending the notice. In this case, if the party that sent the offer reports receipt of acceptance late, the contract is considered concluded.
Thus, acceptance is an important element in the legal system of contractual relations, without which the conclusion of the contract will be considered failed.