Money Gift Agreement

Below is a working sample of a money gift agreement involving a legal entity and a representative. The sample keeps the representative block for the donee. If the funds are received personally by the donee, that block should be removed. If the donee acts through a representative, the power of attorney must expressly cover acceptance of the gift and signing of the agreement.

Tax consequences should be checked under the current Tax Code of Ukraine on the payment date.

Money Gift Agreement
Kyiv, "__" ____________ 20__

Subsidiary enterprise [name] (the Donor), registered office: [address], registered by [registering authority], identification code [number], represented by [director full name], on the one side, and [full name of citizen B.] (the Donee), acting through [representative full name] under a power of attorney certified by [notary, register, date], on the other side, together referred to as the Parties, have entered into this Agreement as follows:

1. According to the terms of the promotional campaign [campaign name], recorded in Protocol No. __ dated "__" ____________ 20__, the Donor transfers free of charge into the ownership of the Donee, and the Donee in the person of the representative accepts as a gift, money in the amount of UAH 32,175.80. If the campaign terms set a separate purpose for the payment, it should be stated in the campaign protocol.
2. Taxes, charges, and other mandatory payments, if any are required in connection with this payment, are withheld and remitted by the Donor as tax agent in the manner and at the rates in force on the payment date, taking into account Article 170.6 of the Tax Code of Ukraine.
3. The Agreement is deemed concluded from the moment it is notarised. Ownership of the gifted money passes to the Donee from the moment of acceptance. If the Donee acts through a representative, the authority must expressly provide for acceptance of the gift and signature of the Agreement.
4. The Parties confirm that they understand the content and legal consequences of this Agreement, enter into it voluntarily, without coercion, fraud, or hardship, are not restricted in their right to enter into transactions, and are not in a condition that prevents them from understanding the content of the Agreement.
5. The Parties understand that, by its nature, a gift agreement is gratuitous, and therefore the Donor has no right to require the Donee to perform any property or non-property obligations in the Donor's favour unless expressly required by law.
6. The Donor confirms that, at the time this Agreement is signed, the money is not gifted to anyone else, is not otherwise disposed of, is not subject to pledge, arrest, or any other encumbrance, is not the subject of a dispute, no third-party rights exist, and there is no tax lien data preventing the gift as of the notarisation date.
7. Expenses related to drafting this Agreement and its notarisation are borne by the Donor unless the Parties agree otherwise.
8. The Notary has explained to the Parties the content of Articles 640, 717-719, 722, and 727 of the Civil Code of Ukraine and Article 170.6 of the Tax Code of Ukraine regarding payments under promotional campaigns, contests, and drawings, where those rules apply to this payment.
9. This Agreement is executed in three copies, one kept by the Notary and one delivered to each of the Donor and the Donee.