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Coercion to fulfill obligations

Penalties for non-performance of the contract. General provisions and formulas of calculation.

We propose to consider the example of the collection of penalties for late payment (delivery ) under a purchase and sale agreement (delivery). < / span>

Typical situation: Your company delivered products last year. The term of payment established by the contract has expired as of January 1, but the counterparty has not made the payment. Your company has long taken into account all the partner’s partners, but after one more year, a decision was made to appeal to the economic court with a request to recover the actual debt from the counterparty in the amount of 50,000 UAH. and penalties for late payment under the contract.

The contract provides for a sanction in the amount of 0.5% of the value of unpaid products for each day of delay. The same liability is provided for late delivery. The statement of claim must be accompanied by a detailed calculation of the amount of the claim.

Consider options for determining the amount of penalties, the recovery of which you will ask the court.

Situation 1. Penalties for late payment under the contract.

Immediately, it is necessary to dwell on two features of responsibility for not timely about the payment made.

Firstly, the law establishes that the amount of penalties is considered of the amount of the payment not made on time and cannot be more than the NBU double discount rate valid for the delay. Changes in the discount rate are regularly reported by NBU letters.

If within the period for which the sanction is considered, its value has changed, then it must be calculated for each period of each rate of action separately, and as a result, the results are summarized.

Secondly, the law establishes that the counterparty who has overdue a monetary obligation is obliged to pay the debt, taking into account the established inflation index for the entire period of delay, as well as three percent per annum of non-paid amount.

Debt adjustment on the inflation index can be carried out for the entire time of delay.

So, in our case, the amount of actual debt should be increased by the inflation index for the entire time of delay (See Scheme No. 1). The penalty is calculated based on the size of the 2nd discount rate of the NBU (See scheme number 2).

Along with the inflation index, 3% per annum would be considered according to Scheme 3.

Situation 2. Penalties for late delivery under the contract.

Consider the same situation, provided that the prepayment is made on time and the delivery is overdue for the aforementioned time period.

In this case, the penalty is calculated in the usual manner. There are no restrictions here (Scheme No. 4).

Scheme No. 1 Calculation of the debt, taking into account the increase in inflation charges

No.

Month

Last Year

Current Year

 

January

 

101.5%

 

February

 

100.6%

 

March

 

100.6%

 

April

 

101.5%

 

May

 

100.4%

 

June

 

100.6%

 

July

 

98.3%

 

August

 

99.8%

 

September

102.6%

 
 

October

101.4%

 
 

November

100.4%

 
 

December

101.6%

 

Each monthly inflation index should be divided in turn by 100 and the results multiplied. The total size of the inflation index for all the time of delay is:

(102.6 / 100) x (101.4 / 100) x (100.4 / 100) (101.6 / 100) x (101.5 / 100) x (100.6 / 100) x (100.6 / 100) x (101.5 / 100) x (100.4 / 100) x (100.6 / 100) x (98.3 / 100) x (99.8 / 100)=109.637%

Debt, taking into account the increase in the value of inflation over the entire period of delay, is:

50 000/100 x 109,637=54 818.5 UAH.

Scheme No. 2 Calculation of the sanction on the 2nd NBU discount rate

The calculation period is 6 months, which is 184 days.

We assume that the NBU rate has changed 5 times over the period of delay:

Starting date of the bet

Year

Bid Size

from 15.08.

Past

27%

from 10.03.

Current

25%

from 07.04.

Current

21%

from 11.06.

Current

19%

from 09.08.

Current

17%

The NBU's discount rate is the annual interest rate, so it is necessary to determine the value of the 2nd discount rate for the duration of each of the above rates in turn.

The validity periods of the bet, within the billing period, are as follows:

Bid

1. 9 days (from 01.03. To 09.03.) 27%

2. 28 days (from 10.03. Till 06.04.) 25%

3. 65 days (from 07.04. To 10.06.) 21%

4. 59 days (from 11.06. To 08.08.) 19%

5. 23 days (from 09.08. To 31.08.) 17%

Let's calculate the 2nd NBU discount rate separately for each period:

1.

The value of the 2nd NBU discount rate for the period: (27 x 2) / 365 x 9=1.332%

Size of the sanction: 50,000 / 100 x 1,332=666.0 UAH.

2.

The value of the 2nd rate for the period: (25 x 2) / 365 x 28=3.836%

The size of the sanction: 50 000/100 x 3,836=1 918.0 UAH.

3.

The value of the 2nd rate for the period: (21 x 2) / 365 x 65=7.479%

The size of the sanction: 50 000/100 x 7,479=3 739.5 UAH.

4.

The value of the 2nd rate for the period: (19 x 2) / 365 x 59=6.142%

The size of the sanction: 50 000/100 x 6,142=3 071.0 UAH.

5.

The value of the 2nd rate for the period: (17 x 2) / 365 x 23=2.142%

Size of the sanction: 50,000 / 100 x 2,142=1,071.0 UAH.

The total amount of interest, will be:

666 + 1918 +3739.5 + 3071 + 1071=10 465.5 UAH.

Scheme No. 3 Calculation of 3% per annum

1. Determine the value of 3% per annum during the delay (184 days):

3/365 x 184=1.512%

2. Amount 3% per annum for the period of delay:

50 000/100 x 1,512=756 UAH.

Scheme No. 4 Calculation of the late payment penalty

The settlement period is 184 days. On this basis, the amount of interest is:

50 000/100 x 0.5 x 184=46 000 UAH.


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