Why write a letter about changing details?
According to the data specified in the contract, the customer transfers funds for the obligations fulfilled by the contractor, sends correspondence, and checks the validity of documents.
If inconsistencies are detected in a bank account and there is no notification of a change in the organization’s details, difficulties will arise for counterparties (mainly for the supplier). The fact is that from a legal point of view, the customer does everything correctly, which means he is not responsible for the failure of the final addressee to receive money and papers. Therefore, the supplier is obliged to inform the customer as soon as possible about any changes in its data by sending the appropriate document.
ConsultantPlus experts discussed how to change bank details in a contract. Use these instructions for free.
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Compose a letter correctly
We are preparing an up-to-date sample notification of changes in the organization’s bank details. The company's lawyers or an accounting employee should be responsible for preparing such a letter if there is no legal department on staff. The notification is prepared in any form, but the following mandatory data must be indicated:
- The name of the sending company, its address and telephone number.
- Similar information about the recipient company.
- Information about the place and time of drawing up the document.
- Written explanations of the current situation. Describe why the company's payment details were adjusted. For example, the reason may be the conclusion of a new agreement with a bank, a change of credit and banking company, a change in the current account number (a foreign currency or special account was specified).
- New data and the date from which they become effective. For example, if the company switched to servicing a new credit company (or the bank changed its name), then provide new details.
- Signatures of the responsible person and the head of the company, certified by a seal (if available). The chief accountant is not required to sign the letter, but the presence of the chief accountant’s mark will increase confidence in the information.
How to compose a letter
There is no unified form established in Law No. 44-FZ. However, you should pay attention to a number of features. Typically, the document is drawn up on the organization’s letterhead. In this case, the correspondence is more formal in nature, as opposed to a simple A4 sheet.
Here's how to write a letter about changing bank details to a counterparty:
- Enter the name of the recipient, full name and position of the responsible person.
- Title the document.
- Enter the date and reference number (if available).
- State the essence of the appeal. Write a new invoice to which payment should now be transferred. In addition, the parties need to change the details in the government contract by signing an additional agreement.
- Indicate the date on which the changes take effect.
- Enter additional information.
- Sign it from the head of the organization and put a stamp (if available).
Sample information letter about changing the bank details of an organization
Authorized company employees, usually employees of the legal department, are responsible for preparing the notice. Despite the fact that the document is drawn up in free form, it must contain the following information:
- name, address, telephone number of the sender's company;
- name of the company and authorized person of the addressee;
- date and place of document preparation;
- text describing the essence of the changes and the measures that are recommended to be taken in connection with them;
- the date from which the old information ceases to be valid;
- new payment information;
- date of signing the document, full name, position, signature of the sender’s responsible person.
The document can be drawn up on a standard A4 sheet or company letterhead. The text can be handwritten or printed; it is not necessary to certify it with a seal. A sample letter about changing the bank details of an organization is presented below.
To protect the company from possible conflicts with partners, it is best to use registered mail with notification, and also record the fact of sending in the outgoing correspondence log.
How to notify the customer about changes
The notification is drawn up immediately after the contractor has changed the details. Written information is transmitted in person, by courier service or by mail - a valuable letter with confirmation of delivery. If necessary, additionally send the customer a copy in electronic form. But only the form of the document that is defined in the government contract (for example, written) is legally valid.
When sending a notification, check whether the contract agrees on the counterparty's exclusive address for sending legally significant messages, including an email address. If the address is agreed upon, then send the notification to it. The exception is if you know that it is unreliable (clause 64 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 No. 25).
If such an address is not specified in the contract, then send a notice to the address indicated:
- in the Unified State Register of Legal Entities, if the counterparty is a legal entity;
- in the Unified State Register of Individual Entrepreneurs, if the counterparty is an individual entrepreneur.
If the notice is delivered to this address, then it is recorded as received, even if the person is not located there (clause 3 of article 54, clause 3 of article 23 of the Civil Code of the Russian Federation).
When sending an additional agreement, follow the same rules as for sending a notice. If the contract specifies an email address as the exclusive address for sending legally significant messages, then you will still have to send the counterparty by courier or mail a draft additional agreement signed on your part. In this case, we recommend sending a notification about the change of account by email and indicating that you have prepared, signed and sent an additional agreement to the contract to the counterparty's address by courier (by mail).
IMPORTANT!
The Contractor must ensure that the buyer accepts this document. This can be done by asking the addressee for the incoming number and date or a receipt. Otherwise, during the notice delivery period, he will transfer the money to your old checking account.
How to write a letter to notify partners about a change in details
Documents, in particular letters, notifying partner companies about a change in the organization’s details are classified as an official business type of communication, since it is informational in nature and does not require a response. The information from such a letter should simply be accepted and used in further work.
There is no single, generally accepted form of writing, but there are some rules; usually, they are established in the organization; according to them, correspondence is conducted with all third parties and enterprises.
Next, we will tell you how to compose the text of a letter for correspondence.
- Firstly, the notification letter must contain information about all the details of the sender, these include the name, address and telephone number (the reception number is often indicated) and contact information of the head of the organization.
- Secondly, the notification letter must contain the recipient’s information: the name of the organization, its legal address and telephone number (fax and email address).
In addition, you must indicate the outgoing registration number, the place and date on which the letter was drawn up.
If we talk about the main text of the letter, then it should contain the message itself about the change of bank details, new data and payment details, as well as the start date of their acceptance and the grounds, if necessary. At the end of the letter the signature of the manager or the person whom he has appointed as an authorized person is placed.
Note!
Any organization has the right to put a company seal on a business letter, based on its availability.
Another important criterion for writing a letter is the form. For any kind of documentation that comes from the organization, you must use the company letterhead.
Also, the letter can be addressed to several recipients or to one. If the letter is compiled individually for each addressee, then the recipient’s details (organization name and address) should be indicated in the header of the letter. No changes are made to the main body of the letter.
Important!
To avoid disputes and litigation, it is better to use registered mail delivery rather than sending by email. This is the most reliable way to deliver letters today.
When notification is not sent
Even at the stage of submitting an application to participate in public procurement, a potential supplier is required to provide general and banking information. This is necessary for drawing up a contract after the tender. Accordingly, if an organization, during the preparation of a tender proposal, is in the process of changing any of the above data, then it should indicate new data in its application. Moreover, such information will become available to the customer only after the procurement procedure, when it is no longer possible to make changes. It should be remembered that before the deadline for submitting competitive and auction applications, the participant has the right to withdraw the proposal, make adjustments and resubmit it.
In the case when the application has already been submitted, the participant has won the tender and the need to change the details arose at the stage of concluding the contract, instead of a notification, a protocol of disagreements is drawn up.
What applies to details
All details available to the company are usually divided into two groups - general and banking.
Are common
These include:
- Company name;
- its organizational and legal form;
- TIN/KPP;
- OGRN;
- postal, legal and actual addresses;
- information about the manager.
If at least one of them changes, the actual information letter is drawn up.
Banking
This is about:
- the name of the bank in which the company’s account is opened;
- his BIC;
- his correspondent account;
- company current account number.
But if there are changes in bank details, you must write a notification letter.
Do I need to notify
Notification of a change in details is not a free option, but an obligation of a legal entity.
The fact is that registration and identification data are the basis of entrepreneurial activity, on which many legal relationships are “tied”, namely:
- legal relations with tax authorities;
- legal relations with counterparties;
- legal relations with various government agencies.
The absence of identification data excludes the very existence of a legal entity as a subject of economic activity. In order to fully exercise its powers, a legal entity must have a number of characteristics, namely:
- have a legal and postal address;
- have a bank account;
- be subject to taxation;
- have a TIN of a legal entity;
- have a specific manager who has the right to sign.
The absence of at least one of these signs makes a legal entity incompetent.
Accordingly, failure to notify counterparties of a change in identification characteristics may be equated to the incapacity of the legal entity.
For example, the bank will not accept any letter signed by a manager whose sample signature and information about which is not available. That is, when there is a change in persons having the right to sign, all structures for which it matters who exactly signs the documents of a legal entity must be notified.
Changing checkpoints for subscribers in 18, 32, 39, 74 and 72 regions
Subscribers in Udmurtia, Bryansk region, Chelyabinsk region, Tyumen region and some users from Kaliningrad do not need to change the certificate. Some users in these regions have had their checkpoints changed:
- In region 72, only those checkpoints that begin with the numbers 7202 and 7204 are changed.
- In region 39, only those checkpoints that begin with the numbers 3904, 3905 and 3908 are changed.
- The full list of checkpoints in region 18 that are subject to replacement is published on the Federal Tax Service website.
When logging into the system, these subscribers will see a window to change the checkpoint.
- If a new checkpoint has already been assigned, then you should indicate it in the appropriate field and click the “Change” link.
To obtain a new checkpoint, you must contact the Federal Tax Service. To temporarily minimize the window until a new checkpoint is assigned, click on the “Ask later” button. In this case, the window for changing the gearbox will appear again the next time you log in to the system.
- If the gearbox has not been changed, you should click on the “Gearbox cannot be replaced” button.
- To answer the question about changing the gearbox next time, you should click on the “Ask me about this later” button.
You can change the checkpoint at any time by clicking on the link “Changing the checkpoint due to the reorganization of the Federal Tax Service” in the upper right corner of the main page of the system.
After updating the checkpoint in the window, you should specify the new checkpoint in the “Details and settings” > “Payer details” menu.
Changing checkpoints of service organizations that belong to 18, 32, 74, 39 and 72 regions is carried out in a standard way, described below in the instructions.
What does the additional agreement change?
With this additional agreement, the customer and supplier change the following information:
- Name of the organization;
- TIN, checkpoint;
- location,
- legal address or postal address;
- bank information, settlement account, correspondent account, BIC and others.
In clause 8, part 2, art. 103 44-FZ states that information about the signing of an additional agreement to change the details of one of the parties is entered into the register of contracts. The conditions that have changed are also indicated there.
Still have questions? Use free instructions from ConsultantPlus experts to draw up an additional agreement to the contract without errors.