Warranty write. Letter of guarantee to a legal address (sample)

Letters of guarantee are used as guarantees of the performance of an action and are used both in the field of economics and labor. Despite the fact that today there are no uniform requirements for the design of a letter of guarantee, there are still some requisites and tips for its design.

The concept of a letter of guarantee

Letters of guarantee refer to non-commercial business letters that confirm or guarantee the performance of an action, compliance with certain conditions previously agreed. Often, it can act as a response to an incoming claim or be drawn up at the request of one of the parties.

Correctly drafted paper fixes the obligations of the parties to the transaction, but at the same time, it is not a legal guarantee.

Such a letter can guarantee:

turnaround time;
payment of labor or order;
employment;
quality of work.

Requirements for registration

Given that the letter of guarantee has no legal force, it can be concluded both orally and in writing. But at the same time, a written guarantee will still be valued somewhat higher than an oral one.

When drawing up a letter of guarantee, you must use high-quality white A4 paper. If it is drawn up on behalf of a legal entity, the company letterhead is used. It is also stamped and signed by the head, in some cases - the accountant.

In the case of a letter drawn up by an individual, just a signature is enough.

If the letter consists of several sheets, they must be numbered and stitched.

Letter details

Like any other document, a letter of guarantee contains a number of details that you should pay attention to:

Document Number marked "Outgoing". Assigned according to the rules of document flow;
Date of preparation, while the month is indicated in words;
Destination- the name of the organization, full name and position of the addressee is entered. Often this is a director or head of a company or department. In some cases, this line contains the entry "For presentation at the place of demand";
Document title- guarantee certificate, letter of guarantee, obligation to pay, etc .;
Commitment text, where the reason for the relationship that has arisen is indicated, the obligations themselves, the terms and guarantees of performance, possibly - penalties that can be applied in case of failure to fulfill the obligation;
Signature the compiler and its decoding.

Additional documents may be attached to the guarantee certificate - copies of previously concluded agreements or other documents affecting the conditions for fulfilling obligations.

Style requirements

Given that the letter of guarantee relates directly to business documentation, a number of requirements are put forward to it:

Business style ... The use of colloquial words and expressions, slang is excluded;
Brevity ... You should not describe in detail the reasons for the occurrence of a situation with a delay in payment or delay in the delivery of goods, describe the conditions in which the decision was made to draw up a letter. It is enough to indicate the guarantees of the fulfillment of the obligation;
Specific statements ... To give the document solidity, it is necessary to clearly indicate the terms and amounts. For example, in the guarantee certificate for the delivery of goods, you should not write "We undertake to deliver a batch of coffee in the near future", a "We undertake to deliver a batch of coffee in the amount of 10 packages weighing 5 kg each by 25.05.16";
Clarity ... The use of unambiguous phrases and sentences is excluded. The information contained in the letter must be interpreted unambiguously.

Transmission methods

The completed letter of guarantee can be transferred to the addressee in several ways:

Personally in hands;
By mail using a registered letter;
By email.

In the last two cases, it will be useful to notify the recipient about the sending of the letter and ask him to inform about its receipt. This will not only strengthen the trust of your partners, but also help to avoid a situation where the letter was not received for a number of reasons, and you were not notified about it in time.

Job Guarantee Letter

One of the varieties of letters of guarantee is a letter of guarantee for employment. You may need it:

Students ... Some universities require that graduates who study on a budgetary basis provide a letter of guarantee of employment to the educational institution. In the absence of such a letter, the student can either be sent to work in another part of the country, or they can be forced to pay for tuition to obtain a diploma.
Foreign citizens ... The FMS may also require foreigners to provide a letter of guarantee for employment in order to make sure that a person is provided with a job.

Such letters of guarantee are issued in the event that a work contract has not yet been concluded or will enter into force after a certain time - a week, a month.

It is composed in the same way as the usual one. In the recipient column, the name of the organization that requires this letter is recorded, or the phrase "Shown at the place of demand."

The text of the letter expresses the consent of the manager to accept the employee for a particular position. The date of employment, salary, and other conditions are indicated. The letter is drawn up on the letterhead of the organization, it must be certified not only by the head, but also by the chief accountant and with a wet seal.

In case of refusal to work after the preparation and transmission of this letter to the addressee, the management of the organization may incur fines.

Samples of a letter of guarantee

We offer standard samples of letters of guarantee.

Letter of guarantee for the delivery of goods:

Ref. No. 234577

Director of LLC "Gorstroy" N.V. Lesnoy

Letter of guarantee

LLC Stroymaterial, OGRN 4544578833 as the main supplier of building materials in accordance with contract No. 144 dated 05/05/2010 by this letter guarantees the supply of building materials: slate in the amount of 1,000 sheets and cement in the amount of 10 tons in accordance with the supply agreement No. 1089 dated 10.09.2016. The deadline for completion is 10.24.2016.

In the event of a delay in delivery, we undertake to pay a penalty in the amount of 5% of the total cost of the supplied building materials.

Director of Stroymaterial LLC(signed by P.L.Dynkov)

Payment guarantee letter:

Ref. No. 4555

Director of LLC "Terra" I. I. Stepova

Letter of guarantee

LLC "Linda" guarantees payment for the rendered construction services in accordance with the concluded contract No. 122 dated 05.05.2015. The amount of 50,000 rubles will be paid until 11/31/2015.

Director of Linda LLC(signed by P.P. Ladko)

Letter of guarantee for the performance of work:

Ref. No. 5564

Director of LLC "Fort" I.I. Ivanov

Letter of guarantee

LLC Karyer guarantees the completion of finishing works in accordance with contract No. 15 dated 10.10.2015. The works specified in the contract will be completed by 31.05.2016.

Director of LLC "Career"(signed by F.F. Fedko)

Job Guarantee Letter:

Ref. No. 334

from 04/31/2016

Shown at the place of request

Warranty certificate

By this letter, Terra Lex LLC confirms its consent to conclude a fixed-term employment contract with Olga Andreevna Bela for a period of 3 years, and accepts her to work in the organization as a legal adviser from August 01, 2016.

We guarantee to provide her with an official salary (20,000 rubles of salary), registration according to the Labor Code of the Russian Federation, a full social package, paid leave in the amount of 24 calendar days.

Director of Terra Lex LLC(signed by I. I. Sorokin)

Chief Accountant(signed by L.Yu. Svyatchenko)

Video: Reconciliation Act and Letter of Guarantee

Doubt about the need for letters of guarantee? Check out a short video detailing how you can use the letter of guarantee you received in court in the event of partners evading their obligations.

A letter of guarantee is a document that guarantees the fulfillment of a particular condition or action. Despite the fact that it has no real legal force, it can still be used in court as secondary evidence of non-fulfillment of the terms of the previously concluded agreement.

Official correspondence is replete with various types of documentation. Among these or those business documents, entrepreneurs have to deal with letters of guarantee.

What are they used for, in what cases are they necessary, what legal norms are regulated?
What are the different types of letters of guarantee?
How to draw up and execute a letter of guarantee correctly?

Let's figure it out together.

Files

Definition and legal provisions

From the point of view of legislation, a letter of guarantee is an element of the workflow, one of the types of business correspondence - as a rule, between legal entities. From the very title of the document it follows that letter of guarantee Is a written way of confirming obligations or fulfilling certain conditions in the required time frame and in the required volume. This additional confirmation is used when conventional arrangements may not be sufficient.

IMPORTANT! A letter of guarantee is not a commercial document.

Letters of guarantee are often used in business, however, no special rules governing their design and use are enshrined in Russian legislation. Therefore, you should be guided by standard business practices and strive to achieve the most clear and unambiguous language that accurately reflects the intentions and obligations of both parties.

Letter of guarantee instead of a contract

In fact, drawing up a letter of guarantee is an alternative to concluding a contract, when such an action for some reason is impractical.

Unlike a contract, which includes an offer (offer) and obligations in accordance with this offer (acceptance), a letter of guarantee acts as one of these components.

Letter of guarantee as an offer

An offer always expresses an offer directed to one or more addressees to enter into certain relations, and clearly declares the intentions of the addressee. From this point of view, a letter of guarantee can be considered an offer if it contains:

an offer to pay for services after they have been provided;
an offer to perform work, make a delivery, provide a service.

The letter of proposal must be formulated in sufficient detail, because it replaces a part of the contract, which means that it must contain its main essential elements:

the subject of the offer (goods, services, types of work - a specific listing);
deadlines.

NOTE! The terms indicated in the letter of guarantee are of decisive importance: sent to the addressee, it can no longer be canceled by the sender within the specified periods for response actions, unless other conditions are spelled out in the text itself or follow from it.

The recipient of such a letter of guarantee, if the offer is accepted, can fulfill the conditions or simply express consent: this action is considered an appropriate response, that is, the fulfillment of the second part necessary to conclude an agreement. Thus, as a result of the letter of guarantee and the recipient's response, a legal action takes place between them, equivalent to the conclusion of an agreement (no one bothers to sign a standard bilateral agreement in addition to it).

Letter of guarantee as an acceptance

This document can also act as the second element of the contract - acceptance, that is, the intention to accept contractual proposals, if such proposals have already been voiced to the counterparty earlier. For example, an organization received a commercial offer, made a decision based on an advertisement or a partner's information site. Then the sending of a letter of guarantee will actually be a response to the proposal made, albeit in an implicit form, of a contractual relationship.

The requirements for the answer are not as strict as for the proposal: in such a letter it is enough to formulate an unambiguous and detailed answer - consent to accept the proposed conditions.

FOR YOUR INFORMATION! If the sender decided to revoke his letter of guarantee, then this must be done immediately, preferably before it reaches the addressee or immediately thereafter - before any procedural actions are taken on it.

Pros and cons of a letter of guarantee as a substitute for a contract

Positive points:

it is possible not to draw up a document signed by both parties;
if the requirements for the offer and acceptance are met, such legal relationship is absolutely legal;
the court recognizes the letters of guarantee on a par with the concluded agreement.

Disadvantages of Letter of Guarantee Exchange:

the scope limits the detailed description of the conditions;
it is impossible to define all rights and obligations;
procedural points are not stipulated;
the responsibilities of the parties are not always clearly defined.

Thus, contractual relations by means of letters of guarantee are legally lawful, however, controversial points that could entail legal proceedings are not excluded.

Specific types of letters of guarantee

Depending on the function that this letter of guarantee is designed to perform, their types are distinguished.

Letter of guarantee confirming payment commitments... The funds recognized under the letter of guarantee can be intended as payment for goods, services, performance of a particular job, or to pay off debt. Such a letter is the fact of recognition of the debt. Most often, it is drawn up when, for some reason, the payment cannot be made immediately or you have to postpone it.
Letter of guarantee confirming obligations for work, goods or services... Such a document assures the recipient that the obligations indicated in it will indeed be fulfilled by the specified date in a certain amount. It is possible to indicate several time intervals when it comes to step-by-step work. Such a document also confirms the required quality in accordance with certain standards (SNIPs, GOSTs, etc.). Such a letter of guarantee can be written if it is possible to violate the terms of the specification or other documents, or immediately before the conclusion of the corresponding contract.
A letter of guarantee confirming the intention of the landlord... This refers to the guarantee of assignment of a legal address. Such a document will be required for presentation to the tax office, if the organization does not own certain real estate for placement and indication in the constituent documents. The legal entity has the right to lease such premises, providing the tax authorities with a guarantee that the landlord really intends to provide such services to him.
Letter of guarantee confirming future employment... Such a letter may be needed in the case when the recruitment has important legal significance for the future employee. For example, such a letter of guarantee has the right to ask:
- a student for presentation to a university (some educational institutions in certain specialties, especially in the case of training at the places of state order, issue a diploma only after providing a certificate of future official employment);
- a foreign employee (he must take such a document to the migration service);
- freed prisoners who are embarking on the labor path (they will have to report to the administrative supervision authorities).

Features of compilation and design

As a rule, any letter of guarantee does not exceed a standard A4 sheet, is printed on a special letterhead of the sending legal entity, signed by the governing bodies (director, sometimes chief accountant), and sealed by the organization's seal. Required details:

number and date (in accordance with the registration of outgoing documentation);
name of the addressee organization;
Full name of the recipient (usually the CEO of the organization);
the subject of the letter (the words "letter of guarantee" themselves do not have to be written, since such a document as a type of business correspondence does not legally exist);
main content (guarantees of obligations, their volume and terms);
sender data;
position, personal signature and transcript of the name of the person who signed the document (director, chief accountant).

Further nuances depend on the type of letter of guarantee. Let's consider them in more detail and give a specific example of drawing up a letter of guarantee designed to perform a particular function.

We confirm payment guarantees

Such a document can be circulated not only between organizations, but also between entrepreneurs - individuals.

A letter recognizing the debt and guaranteeing its repayment must necessarily have, in addition to the signature of the head, the signature of the financially responsible person (financial director, chief accountant).

Subtleties of design:

the addressee is an organization or person who must receive guaranteed payment;
it is imperative to indicate the details of the document confirming the fact of the need for payment (invoice, acceptance certificate, contract, etc.);
the terms of debt repayment must be spelled out;
details of the organization that has a debt (future payer);
any information regarding the situation that has arisen (for example, the reasons for the impossibility of timely payment).

USEFUL INFORMATION! Most organizations do not include in the text of such a letter of guarantee an indication of their liability for breach of obligations, while the mention of sanctions for non-compliance with guarantees has a psychological effect on the counterparty.

Specific samples of letters of guarantee

Example of a letter of guarantee for confirmation of debt

Files

to CEO
LLC "Specinvest"
Studentsov P.I.

LETTER OF GUARANTEE

about delivery of goods

Ref. No. 124 / 56n
12.09.2016

We hereby ask you to supply a batch of products (personal protective equipment) on request No. 46-18 dated 09/10/2016.

We guarantee that payment for the delivery will be made by 10.10.2016.

If the payment is not made in full within the specified period, for each day of delay we undertake to pay a penalty interest in the percentage of 1% of the amount of unfulfilled obligations.

Bank details:

Beta-Bank OJSC, Ufa
p / s No. xxxxxxxxx;
to / from xxxxxxxxx;
BIC xxxxxxx;
TIN xxxxxxx;
Checkpoint xxxxxxxx.

LLC "Domservice" (signature) N. P. Rabotnichenko

Accountant LLC "Domservice" (signature) L.O. Raskidailova

We confirm execution

Assuring that the services or work will definitely be completed by the specified date, the sender confirms the volume, timing and quality of the work.

Design specifics:

details are standard;
features of the main text - it is imperative to describe the types of services (works), clearly indicate the time frame and the guaranteed volume;
the details of the documentation that became the basis for potential work or services (for example, agreement, contract, etc.) must be indicated;
indicate the location and significant characteristics of the facility where work is performed or services are provided.

Example of a letter of guarantee for confirmation of work performance

Files

Director
LLC "Tertsiya"
Oliferenko M.V.

LETTER OF GUARANTEE

Completion of repair work

Ref. No. 124/1
05.05.2016

By this document we confirm that LLC "Masterovoy" as a performer of work at the facility located at the address: Moscow, st. Bolshaya Dmitrovskaya, 28, apt. 115, in accordance with Construction Contract No. 18 dated April 17, 2016, concluded with Tertsiya LLC, guarantees the completion of all repair work (according to the specification of the aforementioned Construction Contract) by 16.06.2016 G.

In case of non-fulfillment of this obligation, Masterovoy LLC is ready to pay 1.5% of the amount specified in the Contract Agreement for each overdue day.

General manager
OOO "Masterovoy" (signed) A.F. Zakrevsky

Chief Accountant
OOO Masterovoy (signature) S.Ye. Frisky

We confirm the provision of a legal address

To issue a letter of guarantee confirming the intention of the lessor, you need to take into account the following nuances:

the addressee of the letter is the local branch of the INFS intending to register a legal entity that is provided with premises for rent;
information about the owner of the provided real estate (legal entity) is required - the name of the organization, its head;
information about the newly created legal entity must be present, at least the name;
list all the main characteristics of the leased premises (address, area, etc.);
a phrase is required that clearly declares the consent of the property owner to conclude a lease agreement with the new organization;
the letter of guarantee must have an attachment - a certificate of ownership or a lease of real estate, drawn up for a potential landlord (a copy certified by a notary).

Example of a letter of guarantee to confirm the intentions of the lessor

Files

INFS No. 2 for Saint Petersburg

LETTER OF GUARANTEE

About providing a legal address

St. Petersburg
18.10.2016

LLC "Megapolis", represented by General Director Samokhvalenko R.G., acting on the basis of the Charter, provides office space with a total area of 60 sq.m., located at the address: St. Petersburg, Magnitogorskaya st., 15 .. office number 4 for state registration of LLC "Codex". LLC "Megapolis" guarantees the conclusion after the registration of the sublease agreement. The designated address can be used as a legal address in the constituent documents of Kodeks LLC.

The above premises are owned by Megapolis LLC on a lease basis (Lease agreement No. 567/18 dated December 10, 2013) with the right to conclude sublease agreements.

Application:

copy of the certificate of state registration of Megapolis LLC;
copy of the Lease Agreement No. 567/18 dated 10.12.2013

General manager

LLC "Megapolis" (signature) R.G. Samokhvalenko

We confirm the hiring

This letter of guarantee is drawn up taking into account the following features:

a specific person or organization-addressee is indicated, but addressing "at the place of demand" is also permissible;
obligatory affixing of the outgoing number and date in accordance with the Journal of Correspondence;
the name of the position for which the person with the specified personal data is accepted (full name without abbreviations);
the main points of future employment are prescribed (rate, salary, employer guarantees);
the letter can be sent to the addressed organization or entrusted to the future employee himself.

Example of a letter with a guarantee of employment

Files

To whom it May concern

LETTER OF GUARANTEE

About hiring

Ref. No. 634/78
July 14, 2016

With this document, Domashny Uchitel LLC confirms its intention to hire and the obligation to conclude an employment contract with Alenikova Polina Stanislavovna, taking her to the staff as an English teacher from 01.09.2016.

LLC "Home Teacher" undertakes to provide Alenikova PS official salary in the amount of 65,000 rubles. per month plus a monthly bonus based on performance. We guarantee official registration in accordance with the Labor Code of the Russian Federation and a full social package.

General manager
LLC "Home Teacher" (signature) V.K. Licezor

Chief Accountant
LLC "Home Teacher" (signature) Yu.L. Zarubinskaya

A letter of guarantee is a document in which one party (legal entity, individual entrepreneur) guarantees the other the fulfillment of certain obligations in a timely manner.

Download samples of letters of guarantee:

Letter of guarantee on the performance of work
A letter of guarantee on the completion of work is a document of business correspondence containing a promise of a legal entity or individual (group of persons) to complete certain work by a specific deadline (or deadlines if the work is carried out and handed over in stages).

Letter of guarantee on debt repayment
A letter of guarantee on payment of a debt is drawn up in the event that the buyer does not have time to pay for the ordered or already received goods and, with the help of a business correspondence document, officially promises the supplier to pay off the debt within a certain period.

Job Guarantee Letter
A letter of guarantee for employment is a document of business correspondence that contains a promise from the employing organization to get a job.

Payment guarantee letter
A letter of guarantee for payment is a document of business correspondence that contains a promise from one person (legal or physical) to pay for goods, services or work to another person (natural or legal).

Letter of guarantee for the provision of a legal address
A letter of guarantee on the provision of a legal address is a document of business correspondence containing the lessor's consent to provide the tenant with the address of his premises as a legal one for the latter to register his organization with the Federal Tax Service.

Letter of guarantee for the supply of goods
A letter of guarantee for the supply of goods is a document of business correspondence containing a request for delivery in accordance with the agreement of a certain product within a specific time frame.

Application of a letter of guarantee

A letter of guarantee is a part of business correspondence between enterprises, serves as an additional guarantee of cooperation and fulfillment of obligations.

Although this document does not have an official legal status, its content and design, in the event of legal proceedings, may affect the course of the case.

Try the program for Biznes.ru stores, which will allow you to create templates for letters of guarantee. And also to automate accounting and tax reporting, always be aware of all mutual settlements with employees, control cash flows in the company, and a personal calendar will remind you of important events in time.

Most often, companies (or their leaders) guarantee to their partners, referring to a legal entity or a manager, payment for ordered work or services, delivered goods, debt repayment, payment in case of deferred payment.

Often, a letter of guarantee is drawn up in response to a claim. It is written in a purely businesslike style, without complex speech structures and unnecessary reasoning.

A letter of guarantee is a form of business correspondence. As a rule, it contains certain guarantees or a promise to take on some kind of obligations. Regardless of whether it contains reference data of the organization or just general information about intentions, this document is an expression of the desire of one of the parties to assume certain obligations. The letter of guarantee, a sample of which can be found on our website, has some peculiarities. Let's talk about them in more detail.

What is a letter of guarantee for?

Letters of guarantee can be exchanged between organizations or a legal entity can send such a document to an individual guaranteeing, for example, payment for the work performed or the products received. As a rule, a letter of guarantee is required if one of the parties doubts that the agreements that were reached during the negotiations and enshrined in the contract will be fulfilled. But it should be noted that such a document still does not create reliable legal guarantees. Nevertheless, letters of guarantee are quite common in the business environment today.

In what cases are letters of guarantee most often used?

I must say that the most often used letters of guarantee:

to confirm payment for goods / services / work (such a letter must contain a reference to the number of the contract for the supply / performance of work / provision of services and the number of the account to which payment should be made)

to provide information to third parties, for example, when registering a legal entity, such a letter can guarantee the provision of a legal address, and guarantee a loan for the bank

to guarantee deferred payment

to indicate the intention of the legal entity regarding possible cooperation (in such cases, the contract between the sender and the addressee, as a rule, has not yet been concluded).

How to write a letter of guarantee

A letter of guarantee, like an official document, has certain peculiarities. So, the form of a letter of guarantee assumes that:

the language of the letter should be purely businesslike, without long phrases and vague expressions

the letter should only contain clear and clear wording, it should indicate the type of obligations, and sometimes the complete procedure for fulfilling obligations may be stated

the letter is drawn up on the letterhead of the sending company and must be sealed with the seal of the organization

signed a letter of guarantee by the head of the organization and the chief accountant (this is a prerequisite for letters of guarantee when it comes to financial obligations and payment guarantees).

If we talk about the mandatory details of the letter of guarantee, then these include:

name of company

organization code

OGRN of a legal entity

destination

heading

> registration number.

Most of the letters of guarantee begin with the words: "We guarantee with this letter ...", but there may be another option, when the sender of the letter begins it by listing the reasons that are the basis for the application for guarantees, for example: "In view of the contract signed between our organizations and the prepayment made . ". If we are talking about payment guarantees, then the letter contains bank details. Additionally, the letter may indicate the possibility of a loan, pre-delivery, the amount of penalties in case of violation of the terms of payment, and so on.

In order to clearly understand how this document is drawn up, you can download a sample letter of guarantee.

Of course, the most common phrases for such correspondence are:

The company "XXX" guarantees timely payment ...

We hereby guarantee payment ...

We guarantee that ...

But the word "guarantee" may not appear in the text, which will not affect the guarantee meaning of the letter.

Applications

In addition, copies of documents such as a Certificate of Registration of an Enterprise (or an Individual Entrepreneur), Certificates of Tax Registration, an extract from the Unified State Register of Legal Entities, an order on the appointment of a general director or an authorized person (if, of course, they contain there is a need).

Letter of guarantee for payment

A letter of guarantee for payment. Payment can be guaranteed in whole or in part. The guarantee of payment can be given by any person other than the payer.

The warranty obligation for payment is valid even if the obligation that was guaranteed is invalidated for any reason other than a defect in form.

A letter of guarantee for payment is signed by the issuer of the guarantee indicating his place of residence and the date of the payment, and if the issuer of the guarantee is a legal entity, then the place of his location and the date of the payment.

The guarantee obligation for payment is valid even if the obligation that he guaranteed is invalid for any reason other than non-compliance with the form.

The requirement to pay a guarantee in the event that the main obligation has been duly fulfilled is regarded as an abuse of the right.

If evidence is presented of the termination of the main obligation in connection with its proper performance, which was known before the written demand was submitted to the guarantor, the demand for payment under the guarantee is regarded as an abuse of the right.

Amounts overpaid under the letter of guarantee are subject to refund or offset. Refunds of amounts overpaid are carried out on the basis of an application.

For late or incomplete payment under the guarantee, the person who gave the guarantee pays a penalty (interest).

Letter of guarantee for payment

Due to the difficult financial situation in the open joint-stock company "Law RAA" (abbreviated name - JSC "RAA") under contract No. 1243 dated February 23, 2015 for March 2015, a debt in the amount of 1200 rubles was formed.

Below we will consider a sample of a letter of guarantee for payment of services for an individual. As you already understood, a payment guarantee is something of a written receipt indicating the actions and the resulting obligation.

Letter of guarantee for payment of services

To the head ______________________

(name of company)

___________________________________

(Full Name)

LETTER OF GUARANTEE

I, a citizen of _______________________________________ (passport: series ______, N ____________, issued by _________________________), I ask you to perform services in the form of:

1) __________________________________________________________

Payment in the amount of _______________ (______________________) rubles. I guarantee from the current account N ____________

________ (name of the bank) _______ within ___ (___________) banking days.

___________ __________________

(signature) (full name)

Guarantee obligation to ensure the fulfillment of obligations under the loan agreement

Section: Samples of documents

Document type: Miscellaneous

Document file size: 9.0 kb

In addition to the above conditions, the Loan Agreement stipulates that the obligations of the Borrower must be secured by a bank guarantee. In this regard, the Guarantor declares that he is ready to provide the Beneficiary with such a guarantee for the Borrower (Principal) (Articles 368 - 379 of the Civil Code of the Russian Federation). In the event that the Borrower fails to fulfill its obligations to timely and fully repay the loan and pay interest (including increased), the Guarantor undertakes to pay the Beneficiary a guarantee amount on the following conditions:

1. This guarantee comes into effect upon receipt by the Beneficiary of this letter of guarantee.

The term of this guarantee is until "___" _________ ____. The Beneficiary's claim for the payment of the guarantee amount must be presented to the Guarantor before the end of the specified period.

2. The amount of the guarantee amount cannot exceed ______ (_______) rubles.

3. In accordance with this guarantee, the payment of the guarantee amount must be made after the first written request of the Beneficiary without the need to present an arbitral tribunal's decision against the Borrower, as well as any other evidence that he has violated his obligations under the Loan Agreement.

4. The following documents must be attached to the Beneficiary's request for payment under this Guarantee:

Copy of the Borrower's urgent commitment

Extract from the personal loan account of the Borrower on the receipt and non-repayment of the loan amount

- _____________________________________.

5. The Beneficiary's rights under this guarantee may be transferred to a third party by way of an assignment agreement in the event that the creditor's rights under the loan agreement are transferred to the same person.

6. The guarantee amount is transferred to the correspondent account of the Beneficiary by payment order. The guaranteed amount must be debited from the correspondent account of the Guarantor no later than ___ days from the date of receipt by the Guarantor of a written request from the Beneficiary to make a payment, which meets the requirements of this letter.

7. In the event that the Guarantor does not fulfill his obligation arising from this letter, he undertakes to pay the Beneficiary a late payment penalty in the amount of ____% for each day of delay. The payment of the penalty interest does not exempt from the performance of the warranty obligation.

8. The Guarantor transfers the guarantee amount within five banking days from the date of receipt of the written request of the Beneficiary.

9. The obligations of the Guarantor to pay security will be deemed to have been duly fulfilled after the amount of the claim is debited from the Guarantor's account.

10. Upon expiration of the validity period, this warranty will expire and shall be returned to the Guarantor.

11. If the guarantor becomes aware of the termination of the guarantee, he must notify the Principal without delay.

A letter of guarantee is an important part of business communication

A letter of guarantee is a promise from the sender to do something in the interests of the recipient.

Although the law bypasses the rules for issuing a letter of guarantee, business customs have formed the basic concepts about it.

We write correctly

The use of jargons, long, irrelevant expressions is not allowed. The volume of the letter should not exceed one sheet.

The components of the letter of guarantee are as follows:

The introductory part, in which the sender and the recipient are written in the upper right corner, and the date and outgoing number in the left. Large organizations tend to write letters of guarantee on letterhead. In addition to the name of the company, it is necessary to write the full names of the directors of the sending organization and the receiving organization.

The main one, in which the sender must state the essence of the guarantee. There are two possible spellings: the sender begins the letter with the words "I guarantee with this letter ...". then it is prescribed what exactly is guaranteed, terms, other conditions, etc. the sender describes the warranty and other details. adding at the end "I guarantee the fulfillment of the conditions."

Moreover, derivatives from the word "guarantee" can be replaced by synonyms, for example, "we confirm that ...". This does not change the meaning of the letter.

Sometimes a letter of guarantee acts as an addendum to the contract if one of the parties is not entirely sure of its business partner.

Final. The head is signed under the text of the letter and the seal of the organization is put.

A letter of guarantee is not a surety agreement. You can send a letter of guarantee to the counterparty by mail with a list of attachments and a receipt confirmation, or you can send it through the office. In the second option, you should have two copies of the letter so that the second can be stamped on acceptance.

Russian courts have no clear opinion on the status of the letter of guarantee. In many ways, it can be considered as a binding document, if this follows from its meaning. But more often than not, a letter of guarantee does not entail such legal consequences that a correctly concluded agreement between the parties entails.

Some types of letters of guarantee

About payment

In the letter of guarantee for payment, it is necessary to indicate that the sender guarantees timely payment for goods, services or reimbursement of expenses.

The exact amount of payment should be written in words and numbers. Bank details and the legal address of the sending company must be included in the text of the letter.

In addition to the director's signature, the letter also needs the signature of the chief accountant or financial director. The sender can demonstrate his good faith and seriousness of business intentions by prescribing liability for late payment under the contract.

Otherwise, the scheme for drawing up a letter of guarantee for payment does not differ from the scheme for drawing up any other letter of guarantee.

In this case, one party, as it were, confirms its obligations under an already concluded agreement.

If the partner makes a delay in payments, and the other party notices this, then in the letter of guarantee the debtor can indicate the time until which he undertakes to repay the debt. This letter can be regarded as a proposal to change the terms of the contract. If the other party responds with the same letter, it is considered that they have reached an agreement and changed the terms of the contract.

For work

In a letter of guarantee for the performance of work, the sender guarantees to his counterparty that a certain amount of work under the concluded contract will be completed within a specific time frame.

The letter may contain several deadlines when the sender will complete and submit the work in stages.

Usually the contractor resorts to a letter of guarantee if the deadlines for the completion, delivery of work under the main contract are disrupted, in order to clarify for the customer. However, this letter does not guarantee that the customer will agree to the new terms.

The sender can also guarantee the quality of the service. Qualitatively means that the work will be performed in accordance with GOST, SNiP and other rules.

A letter of guarantee regarding the performance of work can be drawn up when there is still no contract between the parties.

The sender guarantees in the letter timely payment and a specific amount if the recipient of the letter does any work. This letter can be regarded as an invitation to conclude the main contract.

Letter of guarantee

A letter of guarantee is intended to provide the addressee with written guarantees confirming the promises or conditions, intentions or actions of the sender, one way or another related to the interests of the addressee.

A letter of guarantee can be addressed to an organization or an individual. The word "guarantee" itself may not appear in the text of the letter; nevertheless, the letter will remain a document containing guarantees. A letter of guarantee can guarantee, for example, payment for the work performed, the timing of its performance, the quality of work, the quality of the supplied goods, the timing of its delivery, payment for the products received, etc. Most often, such guarantees are required if one of the parties does not I am confident that certain agreements will be fulfilled. These points can be the content of the entire letter or be part of it. The letters of guarantee are of an emphatically legal nature, corresponding in status to documents of a contractual nature, i.e., contracts and supplementary agreements.

Most often, letters of guarantee are provided to confirm the fact of payment. In this case, it is obligatory to indicate a reference to the contract or invoice numbers according to which the payment should be made. At the same time, a letter of guarantee can be a document for third parties as well. For example, when registering a legal entity, a letter of guarantee for the provision of a legal address is sufficient, since the conclusion of an office lease agreement is not possible. The letter of guarantee can also be accepted by the bank as collateral for the loan.

In this case, the letter will be a confirmation that the addressee will receive the necessary amount to repay it.

A letter of guarantee is distinguished by clarity, accuracy and unambiguity of wording - since it refers to the provision of guarantees to the addressee on behalf of and on behalf of an organization or official. It must indicate the type of operation, and sometimes the complete procedure that will be performed.

Letters of guarantee may begin with a statement of the essence of the guarantees provided to the addressee, for example: "We guarantee with this letter." In other cases, the letter of guarantee may contain a statement of the reasons that caused the author's intention to declare his readiness to provide the addressee with certain guarantees. In this option, the corresponding statement is formulated in the final part, for example: "I guarantee payment" or "We guarantee timely and full payment".

A characteristic feature of this type of letter is the presence, along with the signature of the author (more often, the director of the organization), the signature of an official who is directly in charge of financial or other monetary issues. If a letter of guarantee is sent as an obligation to pay for a purchase, a service provided, etc., then the letter must indicate the bank details of the paying organization.

Typical phrases of a letter of guarantee include the following:

We guarantee.

We guarantee that.

The Partner company guarantees.

We confirm that we will make the payment

Please send it to our address by cash on delivery.

Payment on time. we guarantee.

We hereby guarantee.

The rules for issuing a letter of guarantee correspond to the general rules for issuing business letters.

Letter of guarantee download form

Letter of guarantee for the provision of a legal address

A letter of guarantee on the provision of a legal address is included in the package of documents submitted to the registering authority for registering a new legal entity, or for registering changes associated with changing the address of an existing enterprise. It confirms the intentions of the owner of the premises to rent it out after the state registration of a new company or confirms the fact of concluding a lease agreement with an already established LLC.

The owner of the non-residential premises, who leases it, provides a letter of guarantee about the legal address at the request of the tenant. It should be noted that the landlord is not required to do this. Moreover, many landlords are reluctant to submit such letters.

A letter of guarantee for the provision of a legal address is not a mandatory requirement of the registration authority. In the Russian Federation today there is no law that would oblige to have a letter on the provision of a legal address when registering enterprises of any form of ownership. Its presence is a business custom and indirectly confirms the seriousness of the founders' intentions.

The letter of guarantee contains the legal address and information about the landlord providing office space. Attached to it is a copy of the ownership certificate confirming the ownership of the person who issued the letter. Employees of the registering authority must check the information about the address, they request confirmation from the territorial inspection of the Federal Tax Service of Russia, the scope of which the address indicated in the letter belongs to.

If false information is found, the state registration may be refused. If the address is used for registrations of a large number of enterprises, this arouses suspicion and may become the basis for refusal of registration. The main goal of the registrar is to combat fraud and fly-by-night firms.

Registration is possible without presenting a letter of guarantee, the address in the application can be written down from the words of the lessor, assuming that the owner keeps the address of his premises in memory. It is not worth hoping for such an outcome of the case, it is wiser to immediately secure a letter of guarantee and include it in the package of documents provided for registration. How many offensive refusals were there due to confusion in addresses: not a building, but a building, not house 29, but 29/5, etc.

Why do you need a legal address

The legal address from the letter of guarantee is further used to identify LLC - in registration documents, to receive postal correspondence, instructions in accounting documents and contracts. The statutory documents must be kept at this address; without a lease agreement, a bank will not open a current account. The state has distributed all control functions to territorial offices and branches of the Federal Tax Service, FSS, Pension Fund of Russia and other controllers tied to the legal address.

The letter of legal address is drawn up in simple written form and signed by the owner of the premises. No notarization of the letter is required. If the owner of the premises is a legal entity, the letter is certified by its seal.

Debt payment guarantee letter

A letter of guarantee for payment is a business letter containing a confirmation (guarantee) of the completion of payment actions. In other words, a letter of guarantee for payment is a way to ensure the fulfillment of obligations by the parties to the transaction.

There is no single form of a guarantee letter of payment established by law or other legal acts - the main thing is that it clearly, clearly and specifically states the intention of the party and the conditions for fulfilling obligations - terms, quantity, etc.

Letters of guarantee for payment are drawn up by both individuals and legal entities (organizations). The recipient of the letter of guarantee for payment can also be both an individual and an organization.

A letter of guarantee for payment is most often provided to confirm the fact of payment. In such a letter of guarantee, the contract number and primary documents (invoices, acceptance certificates) must be indicated, indicating their full details (numbers and dates), according to which the payment must be made, as well as the account number to which the funds must be received.

In the first case, the recognition by the debtor of the debt in the form of a letter of guarantee of payment does not give any guarantees that the debtor will fulfill his obligation. The only advantage of a letter of guarantee in this case is the interruption of the limitation period. According to the Civil Code, the limitation period is 3 years. According to the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 15, Plenum of the Supreme Court of the Russian Federation No. 18 "actions evidencing recognition of a debt in order to interrupt the course of the limitation period may include: recognition of a claim." Thus, after the creditor receives the letter of guarantee for payment, the limitation period begins anew.

Judicial practice on this issue is varied, the acceptance by the court of a letter of guarantee as an agreement concluded by the parties or not acceptance depends on the text of the document, the conditions agreed by the parties, the positions of the parties in the case. However, whatever is written in the letter of guarantee for payment, and on whatever form it is drawn up, the letter of guarantee does not provide reliable legal guarantees for the fulfillment of obligations, and only a contract concluded in accordance with all the rules can give such a guarantee.

Iutin & Partners Law Firm offers various types of services for individuals. We are attentive to each of our clients.

Delivery letter of guarantee

No matter how much lawyers are campaigning for SPD to conclude written contracts for each significant business transaction, there will still be those who release the goods by a simple agreement. In the case considered at the forum, SPD delivered the products to either a natural person or a legal entity (the top starter's position in this regard changed) on the terms of a commodity loan without concluding a supply contract. The buyer "secured" payment for the goods with a letter of guarantee, in which he pledged to pay for the goods within 10 days after delivery. In this regard, the seller had a question whether he could bring a claim to court on the basis of this letter of guarantee in connection with the buyer's failure to pay for the goods in full. At the same time, there are invoices for the supply of goods, but they are not registered with the tax office.

Position 1. To collect payment for the delivered goods in this case will not work, because: - according to Art. 560 Civil Code letters of guarantee can only be issued by financial institutions and only to secure obligations concluded in writing - the invoice was not officially carried out in the accounting department and was not included in the tax report - if the court asks for mutual settlements, then there will be nothing to show - although the buyer's seals and signatures on the invoices stand, but the latter are different everywhere.

Position 2. In this case, it is possible to collect payment for the delivered goods, because: - according to Part 2 of Art. 205 of the Civil Code, a transaction for which a mandatory written form is not established by law is considered concluded if the behavior of the parties confirms their will to the onset of the relevant legal consequences - in accordance with Art. 208 of the Civil Code in writing, it is necessary to conclude, inter alia, contracts between legal entities. If this requirement has not been met, then according to Part 1 of Art. 218 of the Civil Code, this does not entail the invalidity of the transaction, but the court's decision in this case cannot be based on the testimony of witnesses - as follows from the information letter of the Supreme Economic Court of Ukraine No. 01-8 / 211, the behavior of the parties, which confirms their will to In this case, it can be proved by written and other evidence, besides the testimony of witnesses - if there is an invoice for the transfer of goods and the date of transfer of the goods is on it, then this already means that the (oral) contract has been concluded - if the invoice has all the details, then it is valid - it is unlikely that the court will be interested in such nuances as the invoice “not highlighted” in the tax bill - a letter of guarantee can serve as additional evidence in court - there is a stamp on the invoice - this is already good. Earlier, when the order (instruction) of the Ministry of Internal Affairs of Ukraine No. 17 was in force, it was easier to prove the fact of the transaction in the presence of a seal and problems with the signature - but first you need to submit a claim for payment for the goods. After all, if the terms of payment for the delivered goods are not determined (as in this case), then according to Art. 530 CC, the creditor may demand such payment at any time. At the same time, the debtor must fulfill this requirement within 7 days.

Otherwise, the debtor will simply say that he did not know when it was necessary to pay for the delivery of the goods - only if the letter of guarantee went under each invoice (indicating its number, the list of goods received, etc.), then you can try to file a claim without a demand. Because in this case, for each invoice there was an agreed deadline for the fulfillment of the obligation. The opinion of "Y&Z": Indeed, as noted in Position 2, in this case, it can be considered that an oral supply agreement was concluded between the parties. Any evidence other than testimony, including a letter of guarantee, can testify to this. Moreover, the judicial practice looks at this document positively as proof of the existence of contractual relations between the parties.

Thus, in Resolution No. 40/345, the Supreme Economic Court of Ukraine satisfied the claim for debt collection, based not only on the agreement between the parties, but on letters of guarantee on invoices. And in decree No. 8/184, the Supreme Economic Court of Ukraine completely satisfied the contractor's claim to recover the debt from the customer, based only on the fact that the contractor had a letter of guarantee from the customer, in which he pledged to pay twice the amount that he eventually paid. The court considered the letter of guarantee as evidence of the customer's acceptance of the conditions for the performance of the work proposed by the contractor. Along with invoices and contracts, letters of guarantee acted as evidence when the Supreme Economic Court of Ukraine adopted more "recent" decisions No. 6 / 186-09 / 4 and No. 2 / 43-10. So a letter of guarantee is sufficient as proof of the existence of a contract between the supplier and the buyer. Another thing is that not only the fact of its presence is important, but also when it was drawn up. If it was drawn up based on the results of each delivery and it recorded the fact of delivery, its quantitative and qualitative characteristics, then it may well be enough to file a claim. If it was drawn up before deliveries and / or does not contain facts proving the implementation of deliveries, then invoices indicating the facts of delivery will be required to collect the amount of debt.

In this case, it is worth sending a written request only for safety net, and also in the hope of voluntary fulfillment of the obligation by the buyer. The term of fulfillment of the buyer's obligation may well be indicated by a letter of guarantee, in which it is set at 10 days from the date of delivery. CONCLUSION: The letter of guarantee, along with the invoices, may well confirm the facts of the existence of contractual relations between the parties, and in some cases - also be a confirmation of the delivery.

How to write a letter of guarantee

When concluding a purchase and sale transaction or a service agreement, often the shipment of products or the beginning of contract work occurs without prepayment. A deferred payment is provided to the customer on the basis of a business letter containing financial obligations to pay the received values within the agreed time frame. Such a letter refers to a guarantee letter and is, in fact, a credit form confirming the borrower's intention to pay the formed debt.

1. Make a letter of guarantee on company letterhead or put a corner stamp with the filled in company details (name, form of ownership, bank details and actual address). Register the letter as an outbound document. In the upper right corner, indicate the addressee's details (full name of the organization, position and full name of the head).

The letter may contain a request for the supply or performance of services and guarantee their timely payment. In this case, it will begin with the words "Please complete" and the last paragraph will say "We guarantee payment". For a letter containing only a guarantee of payment, the beginning will be "Guarantee payment".

2. Next, list the goods or services that became the subject for the conclusion of a bilateral agreement. Indicate the amount of the transaction in figures and words, as well as the terms of payment of the indicated amounts. At the end of the document, be sure to indicate the full name, bank details for transfers and legal addresses of each of the parties.

Submit the letter to your supervisor for signature. In some cases, they also sign with the chief accountant. Seal their signatures.

The payment guarantee document is legally binding when properly executed. That is, the presence of the full details of the counterparties, the wording "we guarantee payment", the signatures of the leaders and the seal of the organization.

A letter of guarantee from a potential landlord

The struggle of state services with "one-day" firms has led to the fact that tax officials refuse to register new companies for various reasons. The most common complaint is that the registered LLC is not located at the address specified in the Application for state registration of a legal entity upon creation. But the Company cannot be there, since before registration it does not have legal capacity and, with all its desire, cannot conclude, for example, a lease agreement (clause 3 of article 49 of the Civil Code of the Russian Federation).

During state registration, an LLC is not obliged to confirm its location at the declared address. But some employees of the Federal Tax Service believe otherwise, and in this case it is more rational to satisfy their wishes than to start a lawsuit.

In order to avoid such a situation, a letter of guarantee from a potential lessor on the provision of an address is attached to the full package of documents for registering an LLC with the Federal Tax Service.

A letter of guarantee from a potential lessor is a document confirming the future location (legal address) of the Company. In this document, the owner of the building (structure), non-residential premises guarantees that, after registration, the LLC intends to lease the premises to it at the address specified in the application for state registration of the company.

The letter of guarantee must be accompanied by certified copies of documents confirming the potential landlord's right to the premises. For example, a copy of a certificate of ownership or a lease agreement, which states the ability to sublet the premises.

A letter of guarantee is a serious document

Business is a complex process that implies a consensual interaction between the parties. Of course, there is no relationship without trust. Including in business. But, as you know, "nothing builds trust like prepayment." However, what to do, for example, in a situation when you are forced to ship a product or provide a service, but instead of immediate payment you receive a letter of guarantee? And such situations in business cannot be avoided. Therefore, in order not to risk good relations in the future, it is very important that the letter of guarantee for payment is really a guarantor of receipt of funds, and not a simple unsubscription.

In litigation, the letter of guarantee you received is not always a serious confirmation of your innocence. However, well-drafted, in the event of disputable situations, it can seriously affect the course of the situation even in the pre-trial order. Therefore, avoid transactions with letters of guarantee, drawn up according to the model "We received the service, we guarantee payment." This is really an unsubscribe, which has practically no legal force. But you can make a letter of guarantee an effective security mechanism!

Firstly, this document must necessarily contain all the details of the debtor organization, indicating the account number and location of the corresponding bank branch.

The second important point is the determination of the amount of "penalties". In fact, the preliminary delivery of a product or service is a kind of credit. Therefore, every day of delay in payment can be considered as an increase in the term of non-payment of the loan, which means that you can demand "interest" for the use of other people's funds. In this case, the amount of the "penalty" for late payment is prescribed in the letter of guarantee. Third: if you are dealing with a legal entity, then the letter of guarantee must be signed by the chief accountant (and not just the director, as is usually done). Fourth: if possible, of course, it is better to completely avoid situations with letters of guarantee, and if they are nevertheless inevitable, it is advisable to carry out a full check of the counterparty's reliability. Less risk means less loss!

An example of a well-written letter of guarantee:

LETTER OF GUARANTEE

I ask you to supply a batch of products, according to the application (specification) No. ___ dated ____

In case of non-payment on time, this letter of guarantee should be considered as confirmation of the fact that I (our organization) received, in accordance with article 823 of the Civil Code of the Russian Federation, a commercial loan for the amount of delivered products and the possibility of calculating interest for using other people's money (commercial loan) for all the time of delay in payment at the rate of 1% of the amount of overdue obligations, for each day of delay.

The letter of guarantee does not oblige its originator to anything

Resolution of the Federal Arbitration Court of the Moscow District N KG-A40 / 10855-08 (extract)

The operative part of the resolution has been announced.

Limited Liability Company "Admiral" (hereinafter - LLC "Admiral") applied to the Arbitration Court of the city of Moscow with a claim against Limited Liability Company "Dianel" (hereinafter - LLC "Dianel") for the recovery of 75,822 rubles. 48 kopecks. debts under the sales agreement dated July 7, 2005 N 18/05 and interest for the use of other people's funds (taking into account the reduction in the amount of claims in accordance with Article 49 of the Arbitration Procedure Code of the Russian Federation).

The claim is motivated by the fact that the defendant failed to fulfill its obligations in accordance with the letter of guarantee dated March 22, 2007 on payment of the debt for LLC "Sofinkom-Center" to LLC "Strannik" under implementation agreement No. 18/05, the right of claim under which LLC " The wanderer "conceded to the plaintiff on the basis of the contract on the assignment of rights No. 01.

By the decision of the Arbitration Court of the city of Moscow in case No. A40-12496 / 08-82-129, upheld by the decision of the Ninth Arbitration Court of Appeal No. 09AP-9950/2008-GK, the claim was rejected on the grounds that the letter of guarantee is not the basis for the occurrence of an obligation from the defendant.

In its cassation appeal, LLC "Admiral" asks to cancel the aforementioned judicial acts and send the case to the court of first instance. The applicant points out that the courts did not apply Art. 8 of the Civil Code of the Russian Federation believes that the letter of guarantee and partial repayment by the defendant of the debt for LLC "Sofinkom-Center" are provided to him in accordance with paragraph 2 of Art. 363 of the named Code the right to demand from the defendant the payment of the remaining amount of the debt.

At the hearing of the court of the cassation instance, the representative of Admiral LLC supported the cassation appeal on the grounds set out in it.

LLC "Dianel", duly notified of the time and place of consideration of the cassation appeal, did not send its representative to the court of cassation, which, according to Part 3 of Art. 284 of the Arbitration Procedure Code of the Russian Federation is not an obstacle to the consideration of the case in his absence.

After examining the case materials, discussing the arguments of the cassation appeal and checking in the order of Art. 286 of the Arbitration Procedure Code of the Russian Federation, the correctness of the application by the courts of first and appeal instances of substantive law and norms of procedural law, as well as the compliance of the conclusions contained in the contested judicial acts, the factual circumstances established in the case and the evidence in the case, the cassation court finds no grounds for cancellation of the appealed decision and ruling.

As follows from the case materials and established by the courts, under the agreement on the assignment of rights No. 01, Strannik LLC transferred to Admiral LLC the rights (including the right of claim) belonging on the basis of obligations arising from the implementation agreement No. 18/05 concluded between the LLC " Wanderer "(supplier) and Sofinkom-Center LLC (buyer), within which the supplier delivered the goods to the buyer under the consignment note dated July 8, 2005 No. О0562 for subsequent sale.

Referring to the fact that LLC "Dianel" provided LLC "Strannik" with a letter of guarantee of payment up to the current debt for LLC "Sofinkom-Center" in the amount of 131,838 rubles. 30 kopecks. and partially paid the debt for OOO "Sofinkom-Center" in the amount of 75,000 rubles. LLC "Admiral" applied to the arbitration court with a present claim to recover the remaining debt from LLC "Dianel".

Consequently, the subject of the claim is the collection of debt for the delivered goods and interest for the use of other people's funds from Dianel LLC, which, according to the plaintiff, guaranteed its payment.

Refusing to satisfy the claim, the courts reasonably proceeded from the absence of an obligation for Dianel LLC to pay the debt, the right to claim which, as the plaintiff believes, arose from him by virtue of paragraph 2 of Art. 363 of the Civil Code of the Russian Federation on the basis of a letter of guarantee.

Legal relations arising in connection with the enforcement of obligations are regulated by the norms of Chapter 23 of the Civil Code of the Russian Federation.

Article 361 of the Civil Code of the Russian Federation provides that, under a surety agreement, the surety undertakes to the creditor of another person to be responsible for the latter's fulfillment of his obligation in whole or in part. In accordance with Art. 432 of the aforementioned Code, the contract is considered concluded if an agreement is reached between the parties on all the essential terms of the contract in the required form.

According to Art. 362 of the Civil Code of the Russian Federation, the surety agreement must be made in writing. Failure to comply with the written form entails the invalidity of the surety agreement.

A letter of guarantee is not a surety agreement.

In addition, a surety agreement is a way to ensure the fulfillment of an obligation; upon concluding a surety agreement, there is no change of persons in the obligation.

The legal relationship arising from the change of persons in the obligation is regulated by the norms of Chapter 24 of the Civil Code of the Russian Federation. In accordance with Art. 391 of the Civil Code of the Russian Federation, the transfer by the debtor of his debt to another person is allowed only with the consent of the creditor. The rules contained in clauses 1 and 2 of Art. 389 of the named Code.

The letter of guarantee does not meet the above requirements.

The arguments of the cassation appeal about the occurrence of the obligation of the defendant with reference to Art. 8 of the Civil Code of the Russian Federation are also subject to rejection. From the letter of guarantee of LLC "Dianel" it is not seen on account of what obligation the defendant guarantees payment of the current debt for LLC "Sofinkom-Center" in the amount of 131,838 rubles. 30 kopecks.

The fact of partial payment by Dianel LLC for Sofinkom-Center LLC does not testify to the defendant's acceptance of the obligation to pay for the goods, determined under the consignment note N O0562.

By virtue of paragraph 3 of Art. 308 of the Civil Code of the Russian Federation, an obligation does not create obligations for persons who do not participate in it as a party (for third parties). In cases stipulated by law, other legal acts or by agreement of the parties, an obligation may create rights for third parties in relation to one or both parties to the obligation.

Sales agreement N 18/05 does not provide that payment for the goods is not made by the buyer (third party).

Taking into account the foregoing, the courts came to the correct conclusion that Dianel LLC had no obligation to pay for the goods. There are no grounds for canceling the contested judicial acts and satisfying the cassation appeal.

Guided by Articles 284, 286, 287, 289 of the Arbitration Procedure Code of the Russian Federation, the Federal Arbitration Court of the Moscow District ruled:

the decision of the Arbitration Court of the city of Moscow in case No. A40-12496 / 08-82-129 and the decision of the Ninth Arbitration Court of Appeal No. 09AP-9950/2008-GK to leave unchanged, the cassation appeal was dismissed.

Registration of a letter of guarantee

In business, one of the parties to the transaction is sometimes forced to ship products on a deferred payment basis. Not everyone can check the counterparty for reliability or find a good way to ensure the fulfillment of obligations, and then there remains such a document as a letter of guarantee.

Despite the fact that a letter of guarantee does not create reliable legal guarantees for the fulfillment of obligations, it is used quite often. Usually it is written something like this: "Please ship to us this and that, we guarantee the payment." Moreover, such unpretentious letters of guarantee are written both by small organizations and entrepreneurs, and sometimes by large organizations that have a lawyer on their staff ...

Let's see how you can write the most competent letter of guarantee and make it a more reliable security mechanism than usual.

Firstly, this document must be drawn up as fully as possible, i.e. indicate all the details of the organization, the account from which the payment will be made and the location of the bank in which the account is opened.

Secondly, we will add a small clause to the usual text about considering the pre-delivery as a fact of providing a commercial loan and the possibility of charging increased interest for each day of delay. In the event that this clause does not exist, you will be able to collect from the non-punctual counterparty in payment only interest for the use of other people's funds, in accordance with Art. 395 of the Civil Code of the Russian Federation, which is currently only 0.036% of the amount of overdue obligations for each day of delay.

Thirdly, on this letter, it is desirable to have the signature of the chief accountant (if it is a legal entity).

Below is a sample of a modified letter of guarantee that you can use in your business. However, remember that if you have more time, it is better to work on checking the counterparty and choosing the best way for you to ensure the fulfillment of the obligation.

Disciplinary action

Consignment note

Chart of accounts

Net assets

Working capital

Fixed assets

Although the law bypasses the rules for issuing a letter of guarantee, business customs have formed the basic concepts about it.

We write correctly

A letter of guarantee is part of business correspondence, so it should be written in a formal style.

The use of jargons, long, irrelevant expressions is not allowed. The volume of the letter should not exceed one sheet.

The components of the letter of guarantee are as follows:

The introductory part, in which the sender and the recipient are written in the upper right corner, and the date and outgoing number in the left. Large organizations tend to write letters of guarantee on letterhead. In addition to the name of the company, it is necessary to write the full names of the directors of the sending organization and the receiving organization.
The main one, in which the sender must state the essence of the guarantee. There are two possible spellings: the sender begins the letter with the words "I guarantee with this letter ...", then it is prescribed what exactly is guaranteed, terms, other conditions, etc., the sender describes the warranty and other details, adding at the end "I guarantee the fulfillment of the conditions."

Moreover, derivatives from the word "guarantee" can be replaced by synonyms, for example, "we confirm that ...". This does not change the meaning of the letter.

Sometimes a letter of guarantee acts as an addendum to the contract if one of the parties is not entirely sure of its business partner.

Final. The head is signed under the text of the letter and the seal of the organization is put.

Some types of letters of guarantee

About payment

In the letter of guarantee for payment, it is necessary to indicate that the sender guarantees timely payment for goods, services or reimbursement of expenses.

The exact amount of payment should be written in words and numbers. Bank details and the legal address of the sending company must be included in the text of the letter.

Otherwise, the scheme for drawing up a letter of guarantee for payment does not differ from the scheme for drawing up any other letter of guarantee.

In this case, one party, as it were, confirms its obligations under an already concluded agreement.

For work

The letter may contain several deadlines when the sender will complete and submit the work in stages.

The sender can also guarantee the quality of the service. Qualitatively means that the work will be performed in accordance with GOST, SNiP and other rules.

A letter of guarantee regarding the performance of work can be drawn up when there is still no contract between the parties.

The sender guarantees in the letter timely payment and a specific amount if the recipient of the letter does any work. This letter can be regarded as an invitation to conclude the main contract.

Sample

Thus, when drawing up a letter of guarantee, you should adhere to the following rules:

It is desirable to write the letter on one sheet, the writing style is official;
A specific guarantee must be spelled out in the text of the letter, indicating its essence, terms, etc .;
The letter is signed by the director, and if it contains a guarantee of payment, also by the chief accountant;
In the letter, you can additionally prescribe what sanctions will be applied in case of violation of the established procedure.

Video on the topic: “Reconciliation Act and Letter of Guarantee. Do you need? "

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