Offsetting is used when both parties have homogeneous obligations to each other and want to settle them without actually transferring money.
The purpose of the agreement is to settle mutual obligations by offsetting homogeneous counterclaims. The agreement specifies the terms and procedure for netting.
When offsetting mutual claims under Russian law is used:
1. Set-off of homogeneous claims is possible if the parties have homogeneous obligations to each other.
2. Due date Claims must either be overdue or the time for their fulfillment is not specified or is determined by the moment of demand (Article 410 of the Civil Code of the Russian Federation).
3. Examples of situations Company A owes Company B 500,000 rubles for the delivery of goods, and Company B owes Company A 300,000 rubles for the rent of premises. The parties set off 300,000 rubles, the rest (200,000 rubles) is paid separately.
4. Purpose of the document - to legally formalize the netting, avoiding the need for money transfers.
- To minimize the risk of disputes by clearly defining the terms of netting.
- To meet legal requirements (Articles 410-412 of the Civil Code of the Russian Federation).