Why do cashiers tear up checks. Why do the shops tear up checks? The positive features of this method are

The cash register receipt specified in this clause may not contain the mandatory details about the rate and amount of value added tax specified in the tenth paragraph of clause 1 of this article. ConsultantPlus: note. From January 1, 2019, Federal Law No. 487-FZ of December 31, 2017, Clause 5 of Article 4.7 is set out in new edition... 5. Government Russian Federation has the right to set an additional mandatory requisite cashier's check or a strict reporting form - "commodity nomenclature code", determined by the Government of the Russian Federation. 6. Cash register receipt or strict reporting form, generated using cash register equipment used in an automatic settlement device must contain, as a mandatory requisite, the serial number of such an automatic settlement device. 7.

Article 4.7. requirements for a cash register receipt and a strict reporting form

If the check is presented on the last day of the term, then the protest (or an equivalent act) may be made on the next working day. The check holder is obliged to notify his endorser and drawer of non-payment within two working days following the day of the protest (or an equivalent act). Each endorser must, within two working days following the day he received the notification, bring to the attention of his endorser the notification he received.

At the same time, the notification is sent to the person who gave the aval for this person. The person who has not sent the notice within the specified period does not lose his rights. He will indemnify for losses that may occur as a result of failure to notify of non-payment of the check.

The amount of damages to be reimbursed cannot exceed the amount of the check.

New cashier's receipt under the law No. 54-fz: a guide to all the requisites

Federal law, the details specified in paragraphs sixteen - eighteenth of clause 1 of this article may not be indicated on the cash register receipt and the strict reporting form. 3. A cash register receipt issued by a paying agent or a payment subagent when carrying out activities for accepting payments from individuals in accordance with Federal Law of June 3, 2009 N 103-FZ "On activities for receiving payments from individuals carried out by payment agents", along with details , specified in paragraph 1 of this article, must contain the following mandatory details: the amount of remuneration paid by the payer (buyer (client) to the paying agent or the payment subagent if it is charged); contact phone numbers of the paying agent, supplier and operator for receiving payments, as well as the payment subagent in case of payment acceptance by the payment subagent.

Check and settlements by check

Home → Accounting consultations → Cashier's check Update: July 14, 2016 In some cases, provided Russian legislation, the buyer has the right to return the goods to the seller, having received the money paid for it back. However, in practice, there are cases when there are grounds for a return, but the buyer does not have a cashier's check.

Such a situation is not uncommon due to many reasons (for example, it is easy to lose a check, there are frequent cases of non-issuance of a check by the seller, etc.). However, the absence of this document does not imply the impossibility of returning the goods. Cashier's check A cashier's check is an accounting document obtained using cash register equipment and is a confirmation of the settlement in cash.

The seller, upon receipt of cash for a purchase, is obliged to issue a check.

5. settlements by checks.

Attention

Check details The check must contain all the mandatory details specified in part two Civil Code Of the Russian Federation, and may also contain additional details determined by the specifics of banking and tax legislation. The form of the check is determined by the credit institution independently. The check must contain the following details:

the name "check" included in the text of the document;
ordering the payer to pay a certain amount of money;
the name of the payer and an indication of the account from which the payment is to be made;
indication of the payment currency;
indication of the date and place of drawing up the check;
the signature of the person writing the check - the drawer.

The absence of any of the specified details in the document deprives it of the validity of a check.

Return of goods without a receipt

KKM or using calculating devices and name it to the buyer (client); - to receive money from buyers (clients) for goods or services rendered in accordance with the amount called by the buyer (client), indicated in the price list for the services provided, the price tag for the goods sold, in enterprises Catering indicated in the menu, or price tags in the following order: a) clearly state the amount of money received and put this money separately in front of the buyer (client); b) print a receipt - when making payments using a cash register; c) name the amount of change due and give it to the buyer (client) together with the check (while issuing paper bills and a small change at the same time). During the shift, the cashier has the right, at the direction of the director (deputy director), to apply stamps and imprints "canceled", "account", "control", etc. (Clause 4.5 of the Model Rules).
The card contains the name of the bank and its address, card number, name of an economic entity or citizen, signature, account number and passport details of the drawer. The back side indicates the conditions under which payment of the check is guaranteed. These conditions are as follows:

a check can be drawn for an amount not exceeding the specified limit;
the signature of the drawer must correspond to the sample signature on the card;
the identification of the drawer is carried out by comparing his passport data with the data indicated in the check card;
the check must be paid in the full amount for which it was issued, without any commission.

Payments by checks Payments by checks are carried out according to the scheme (Fig.
6): Fig. 6.

the buyer issues a check to the seller;
the seller presents a check to the seller's bank at the register of checks;
in the bank serving the seller, funds are credited to the seller's account;
the seller's bank presents a check for payment to the bank serving the buyer;
the bank serving the buyer writes off the amount of the check at the expense of the previously booked amounts;
banks issue bank statements to clients.

Law on the rules for the settlement and cancellation of a check

Council of Ministers - the Government of the Russian Federation of July 30, 1993 N 745, hereinafter referred to as the Regulation), it was established that an organization that carries out monetary settlements with the population using cash registers, is obliged to issue to buyers (clients) a check or an attached (backing) document printed by a cash register; checks are redeemed simultaneously with the issuance of goods (provision of services) using stamps or by tearing in established places. The order of work of the cashier-operator during the shift, established by the "Standard rules for the operation of cash registers in the implementation of cash settlements with the population", approved by the Ministry of Finance of Russia on 30.08.1993 N 104 (hereinafter referred to as the Standard Rules) and currently in force in the part that does not contradict legislation on the CCP remained unchanged. In accordance with cl.
If the payer refuses to pay the check, the check holder has the right, at his choice, to bring a claim against one, several or all persons obliged by the check (drawer, avalists, endorsers) who are jointly and severally liable to him. Check blanks are made according to a single sample. A check is a security. Check blanks are considered strict accountability blanks. For settlements through institutions of the Central Bank of the Russian Federation, only checks are used that have the designation "Russia" on the front side and two parallel lines denoting a common cross.
The check must be covered. The cover of a check in the drawer's bank can be:

funds deposited by the drawer in a separate account;
funds on the corresponding account of the drawer, but not more than the amount guaranteed by the bank in agreement with the drawer when issuing checks.

What is a commodity-cashier guided by when canceling a cashier's check (that is, on what basis does he do it)? According to Art. 5 of the Federal Law of 22.05.2003 N 54-FZ "On the use of cash registers in the implementation of cash settlements and (or) settlements using payment cards" of the organization (except for credit institutions) and individual entrepreneurs using cash registers are obliged, among other things, to issue to buyers (clients) when making cash settlements and (or) settlements using payment cards at the time of payment printed by cash registers cash receipts. Clause 4 and p.
Thus, we come to the conclusion that consumer protection when returning goods without a receipt is provided for at the legislative level. Methods of confirming the fact of a purchase As mentioned above, the possibility of confirming the fact of a purchase is not limited to one document - a check. In our opinion, the correct answer to the question of whether a receipt is needed for a return is: yes, it is, but its absence does not mean that the goods cannot be returned to the seller.

Info

What additional ways can there be to confirm the fact of purchase and sale? Let's consider them in detail. One of the main and most available ways evidence of purchase is evidence. Moreover, this method is directly spelled out in the article of the Civil Code of the Russian Federation, which regulates this problem.

Witness testimony is understood as a report by a person-witness about facts and significant circumstances known to him.

Personally, it pisses me off when saleswomen or cashiers in stores tear up checks. Some rare ones do not tear, and I want to kiss them for that (just kidding, of course, I don’t want to kiss, but their non-RUNNING is very happy) :)

To the question "Why are they tearing up the checks?" - no one can really answer. They just blink, stare blankly and say that they are so ordered by their superiors. Rare cashiers answer that they "cancel the check" in this way. Fuck %%, but it doesn't burn !!! Why extinguish it?!?

I tell them that the check is MY document for the purchase in your shitty store, and why the hell is she - an unhappy cashier - entitled to rip MY document? Come on, will I give you money and at the same time tear it into half a bill?

To the question "What will be so dangerous if the check is not torn? Can I buy the same product with it again?" - stupid silence in response to me.

I remember in Soviet times in the USSR, in department stores and supermarkets there were - a separate cash register or several cash registers and counters for issuing goods themselves. In this model, everything is clear and clear: if you gave the product, you broke the receipt so that it would not be used again. But this system has long since died! This is the last century! There is no such atavism in normal stores for a long time. So they put a stamp in a civilized way, sign checks, sometimes mark them with a marker. All this is logical and human.

A bit of lyrics: From the dream book: " To break a check - to trouble in business."

Here! Tremble cashiers and saleswomen! As long as you rip up checks, you will not be lucky!

Now for a bit of harsh lyrics: In accordance with the Decree of July 30, 1993 N 745 On approval of the use of cash machines to provide monetary settlements with the population and the list of individual categories of enterprises (including physical persons engaged in entrepreneurial activities without forming a legal entity, in case of THEIR TRADING OPERATIONS OR THE PROVISION OF SERVICES), ORGANIZATIONS AND INSTITUTIONS WHICH DUE TO THE SPECIFICITY OF THEIR ACTIVITIES OR THE FEATURES OF THE LOCATION MAY CARRY OUT CASH CALCULATIONS WITH THE POPULATION

Clause 6: Checks are redeemed simultaneously with the delivery of the goods (provision of services) using stamps or by tearing in established places.

Where is this established place? Why should the informational part of the check suffer? Some cashiers, carried away by tearing up checks, sometimes make a curve tear as much as 80% of the length of the middle line of the check. Others - fold the check in half beforehand and tear the middle, as it were, in the end we have not a check, but the letter "O".

CHECKS DO NOT RAP: in computer stores, boutiques with clothes and shoes, in bookstores, pharmacies, very LARGE supermarkets, cafes and restaurants. So why the hell is it that the unfortunate Gullivers, Pyaterochka, Comrades, Simbirka and similar miserable supposedly supermarkets are vandalizing the paper?

As they say, Marasmus grew stronger ...

The procedure and conditions for the use of checks in payment circulation are governed by part two of the Civil Code of the Russian Federation, and in the part not regulated by it - by other laws and banking rules established in accordance with them. Check details Checks can be used both for cash and non-cash payments. Credit organizations can issue their own checks for cashless payments. These checks are used by the customers of the issuing bank, and with the help of such checks, interbank settlements can be carried out. Checks must be drawn up in the prescribed form. The Central Bank of the Russian Federation has established a list of check details, and the credit organization independently sets the check form.

Article 4.7. requirements for a cash register receipt and a strict reporting form

Internet "- the address of the user's site); the name of the organization-user or the surname, name, patronymic (if any) of the individual entrepreneur-user; an identification number user taxpayer; the taxation system used in the calculation; settlement sign (receipt of funds from the buyer (client) - receipt, return to the buyer (client) of funds received from him - return of the receipt, issuance of funds to the buyer (client) - expense, receipt of funds from the buyer (client) issued to him - return consumption); ConsultantPlus: note. Until 02/01/2021, individual entrepreneurs using PSN, STS, UTII may not indicate the name of the product (work, service) and its quantity in cash register receipts and SRF (Federal Law of 03.07.2016 N 290-FZ).

New cashier's receipt under the law No. 54-fz: a guide to all the requisites

A settlement check, like a payment order, is drawn up by the payer, but unlike a payment order, the payer sends the check to the company - the payee at the time of the business transaction, which presents the check to his bank for payment. There are also the following types of checks:

registered - issued to a specific person;
bearer - issued to bearer;
order - issued in favor of a certain person or by his order, i.e.
e. the drawer (endorser) can transfer it to the new owner (endorser) by means of an endorsement.

Attention

The check can be crossed. A crossed check is a check crossed out on the front side with two parallel lines. Only one cross is allowed on a check. Crossing can be general or ad hoc.

Check and settlements by check

Info

When paying by checks, customers enter into a settlement agreement. This agreement must specify the procedure for opening and maintaining accounts for settlements by checks.

Important

Methods and terms for transferring information, the procedure for confirming the client's checking accounts, the obligations of the parties, etc. are drawn up. Each bank develops intra-bank rules for check settlements, the content of the check form, the terms of payment for checks, the timing of settlements, the execution of settlements, etc.

5. settlements by checks.

Federal Law of June 27, 2011 N 161-FZ "On national payment system», Along with the details specified in paragraph 1 of this article, must contain the following mandatory details: the name of the operation of the bank payment agent or bank payment subagent; amount of remuneration paid natural person(by the buyer (client), in the form of a total amount including the fee of the bank payment agent or bank payment subagent, if charged; name and location of the transfer operator Money, as well as the taxpayer identification number; phone numbers of the money transfer operator, bank payment agent, bank payment subagent (if attracted by the bank payment agent).

Return of goods without a receipt

The positive features of this method are:

the fact that this method is directly provided for by civil law;
availability.

The main negative feature of this method is that when buying a product, the buyer may not always have witnesses who can confirm the relevant fact or circumstances. Article 493 of the Civil Code of the Russian Federation to documents confirming the fact of purchase and sale, in addition to the check, also includes other documents with which it is possible to prove the fact of payment for the goods.
Accordingly, instead of a cash register receipt, the consumer may submit other documents confirming the fact of payment for the goods in confirmation of the fact of the conclusion of the contract.
The drawer does not have the right to revoke the check before the expiration of the established period for its presentation for payment. The payer of the check is obliged to verify the authenticity of the check by all means available to him.
The procedure for imposing losses incurred as a result of payment by the payer of a forged, stolen or lost check is regulated by law. Refusal to pay a check must be certified in one of the following ways:

Making a protest by a notary or drawing up an equivalent act in the manner prescribed by law.
The payer's mark on the check of the refusal to pay, indicating the date the check was submitted for payment.
A note by the collecting bank indicating the date that the check was issued on time and not paid.

The protest (or equivalent act) must be made before the expiration of the time limit for presenting the check.
Internet ”, which can be used to verify the fact of recording this calculation and the authenticity of the fiscal attribute; subscriber number or address Email the buyer (client) in the case of transferring to him a cash register receipt or a form of strict accountability in electronic form or identifying such a cash register receipt or a form of strict reporting signs and information about the address of an information resource on the Internet, on which such a document can be obtained; the e-mail address of the sender of a cash register receipt or a strict reporting form in electronic form in the event that a cash register receipt or a strict reporting form is transferred to the buyer (client) in electronic form; serial number of the fiscal document; shift number; the fiscal sign of the message (for a cash register receipt or a strict reporting form stored in the fiscal accumulator or transmitted to the operator of fiscal data). 2.

Law on the rules for the settlement and cancellation of a check

Nowadays, quite often in organizations, one employee combines the functions of a cashier-operator and a seller. In this case, on the basis of clause 4.4 of the Standard Rules, they are subject to the duties of a cashier-operator.
Conclusion: Based on the above documents, from the moment of receipt of cash from the buyer, the seller is obliged to issue a cashier's receipt to the buyer. Cancellation of an already knocked-out check is associated with the transfer of goods to the buyer and is carried out by tearing or, at the direction of the director (deputy director), using the stamp "canceled". The implementation of these functions in the organization is carried out by the relevant employees in accordance with their job descriptions... The answer was prepared by: Expert of the Legal Consulting Service GARANT, auditor Makarenko Elena The answer was checked by: Reviewer of the Legal Consulting Service GARANT, auditor Tyuftina Tatyana September 16, 2008

The act of returning goods without a cash register receipt If the buyer, for one reason or another, wished to return the goods to the seller and return the money paid for it in the absence of a cash register receipt printed by cash register equipment (for example, a receipt for a return is lost), but with confirmation of the fact of purchase in another way , the seller should:

request from the buyer an application for a return in any form, but with an indication of the fact of the loss of the cash register receipt;
the director (entrepreneur or other manager) to put a mark on the application on the consent to the return;
if the goods were returned not on the day of purchase, draw up an act in the form of KM-3 with the attachment of an application for a return (without a receipt) with a corresponding mark from the management.

Important! When making a return, the seller may punch the return receipt.

Validity of checks:

10 days - on the territory of the Russian Federation;
20 days - on the territory of the CIS;
70 days - if the check was issued on the territory of another state.

Only the bank where the drawer has funds that he has the right to dispose of by issuing checks can be indicated as the payer for a check. Revocation of a check after the expiration of the period for its presentation is not allowed.

Issuing a check does not redeem monetary obligation, for the execution of which it was issued. Check payment Submitting a check to the bank serving the check holder for collection to receive payment means presenting the check for payment.
The check is paid by the payer at the expense of the drawer.
Check Checks are a security that contains the order of the payer-drawer to his bank to make payment of the specified amount to the check holder. Types of checks Distinguish between money checks and checking checks.

Cash checks are used to pay the holder of the check cash at a bank, for example, at wages, household needs, travel expenses, purchases of agricultural products, etc. Payment checks are checks used for non-cash payments.

A settlement check is a document of the established form containing an unconditional written order of the drawer to his bank to transfer a certain amount of money from his account to the account of the recipient of funds (check holder).

When buying food or goods in stores and supermarkets, you have often noticed that the cashier punches and then tears the check for the purchase. Why is he doing this?

Many buyers are outraged by the actions of the seller, who tears the check. When you ask him about why he is doing this, you can only hear one answer - it is so necessary. In fact, everything is not easy.

In the days of the Soviet Union, the rule was: if an organization works using a cash register, then after a check is knocked out, a store employee must tear it up.

If the organization where the payment is made uses the cashier, the employee is obliged to issue a check. In addition, there must be a stamp on the check, and if it is not there, then the check is torn.

How it works in practice

The check is not stamped, as it is not very convenient to hold it next to the cash register. And spending time on this is not always rational either.

Interesting!

Previously, stores consisted of several departments, and cash registers worked for each department. A check was issued for the purchased item.

In order to go to the cashier, it was necessary:

Visit required department, choose a product. The seller wrote out a receipt, which indicated the name of the goods.
Go to the cashier and pay for the selected product;
Return to the department and present a receipt;
The seller checked the receipt and passed the goods to the buyer.

If the goods were issued, but the check was not torn, then there was a risk of the buyer returning for the goods again.

Why do they tear a check in 2019

In 2016, a new government decree was issued, under which the need to tear the check disappeared by itself (Decree No. 1173). But despite this, many sellers are still tearing the check out of inertia.

Imagine a situation, a citizen made a purchase and went to the checkout to pay. After everything had been knocked out to him, he issued the required amount, knocked out the check and, before giving it to the buyer, makes a small strain (and sometimes even a large one).

To a completely reasonable question why - the seller shrugs his shoulders in bewilderment and says that this is what his superiors told him to do. In total, the buyer is left at a loss with a torn payment document and even more questions.

The check itself is a payment document that confirms the fact of the made and paid purchase.

How do scammers cheat citizens with a paid envelope? Read on.

Accordingly, if a low-quality or expired product is found, it is according to this document that you can contact the store and exchange it or get money back.

Why are receipts torn in the store? The answer in the video:

Why sellers tear up checks

The problem is that it is clear to answer the question "why?" no seller is capable.

Actually this moment connected with the Resolution of the Council of Ministers - the Government of the Russian Federation of July 30, 1993 No. 745, which states that checks are redeemed simultaneously with the issuance of products or the provision of services using stamps or by tearing.

However, the tearing procedure is very strange. After all, it would never occur to anyone to spoil a warranty card or a plane ticket, but in fact they are all the same.

Vendors continue to rip up receipts in stores. Photo borodatiyvopros.com

A similar procedure is found only in stores in Russia. Moreover, in the countries of the former USSR, this trend is absent.

When appeared

Those who have seen the Soviet times and old store formats are probably not surprised at this demeanor of sellers, for example, in a store or.

Usually, in shops, a person chose a product, the cashier wrote out a receipt, which could only be paid at a single checkout.

After payment, the person returned to the seller with a check and was torn as a fact confirming the issuance of the goods and so that it would not be possible to come up with this check again.

Why check store receipts? Watch the video:

The explanation is quite simple, in those distant times there were few stores in which there were stamps to confirm the fact of issuing a product. Here is such a procedure, which has remained until now, of course, not in all retail outlets, but still in some places.

Are sellers' actions legal

Not really. The above decree has long since ceased to be in force and is completely irrelevant.

In other words, if in front of your eyes the seller tears up a check after the purchase, he does it solely out of habit or simply because he was told so by the higher management, which found those distant times.

Whether a torn check is accepted when a substandard product is found

Are obliged to accept. Article 18 of the Law "On Protection of Consumer Rights" gives clear prescriptions that even the absence of a receipt is not a reason for refusing to return low-quality products.

What does the law say about whether it is necessary to tear checks. Photo warnet.ws

If the store itself tears the cash document, he is obliged to accept it in case of return. Otherwise, the buyer has every right to write a complaint to this institution.

Conclusion

What to do if faced with something like this? If a similar procedure is still practiced in some place, you can politely inform the seller or senior that there is no need to do this.

How do you cheat in a pharmacy with a cashless payment? More details.

As a last resort, you can always leave a record in the book of complaints and suggestions. Swearing at these moments is not worth it, just waste your nerves.