Bank guarantee: essence of the transaction, validity period, list of required documents and issuance procedure. What are the current conditions for providing a bank guarantee? Providing an asset for issuing a bank guarantee

One of the principles of 44-FZ is responsibility for the results and efficiency of procurement. In other words, the government customer needs guarantees that the winner of the tender will sign the contract and fulfill it in compliance with all stated conditions.

There are two types of guarantees in public procurement:

  • - insurance in case the winner refuses to sign the won contract.
  • Enforcing the contract- insures in situations where the supplier does not fulfill the contract or violates its terms.

There are two ways to secure an application or execution of a contract.

  • Put your own money as collateral. To secure an application - to, and to secure a contract - to the customer’s bank account. The money will be “frozen” until the winner of the tender is determined or all the terms of the contract are fulfilled.
  • Provide a bank guarantee. The bank will reimburse the government customer for the guarantee amount in the event of improper performance by the supplier of its obligations. The bank guarantee is issued in accordance with the requirements of 44-FZ, and the supplier pays the bank a commission for receiving it.

The supplier decides what to choose to secure the contract - a cash deposit or a bank guarantee.

When is a bank guarantee provided?

Bank guarantee to secure the application

The security is from 0.5 to 5% of the initial maximum contract price: the exact amount is always specified in the procurement documentation.

The validity period of the bank guarantee provided as security for the application must be at least two months from the deadline for submitting applications. Upon completion of the procedure, the fee for the bank guarantee is not returned to the supplier.

Bank guarantee for contract execution in an electronic auction or competition

The winner of the electronic auction is required to sign the contract and provide a bank guarantee within 5 calendar days from the date the customer places the contract on the electronic trading platform.

The amount of security is from 5 to 30% of the initial contract price or equal to the advance payment. In case of improper execution of the contract, the bank will pay fines and penalties to the customer for the supplier.

In any of the above cases, the bank guarantee is irrevocable and is valid for a month from the date of fulfillment of obligations under the contract.

When can a customer request payment under a bank guarantee?

  1. The winner, having won the tender, refuses to sign the contract. In this case, the participant secured the application using a bank guarantee.
  2. The supplier does not fulfill the contract or violates its terms. In this case, the customer must unilaterally terminate the contract or provide evidence that the supplier is in breach of the contract.

According to the law, the government customer’s demand for payment under the guarantee is extrajudicial, that is, it can be put forward directly to the contract executor within 1 month after the expiration of the contract obligations.

Who can issue a guarantee?

Only financial institutions included in the list of the Ministry of Finance of the Russian Federation. Check in advance whether the bank where you have a current account is on this list.

Electronic agent Kontur.Spektr will help you get. Prepare just one application, which will go to several banks. Compare the terms of guarantees and send documents to the bank directly from the service.

What will the bank require from the supplier?

To successfully and quickly obtain a guarantee, find out the bank’s conditions in advance: issuance deadlines, commission amounts, list of documents, etc.

The company's reputation is one of the most important conditions for issuing a guarantee. If a company works in good faith, pays taxes on time and reports to regulatory authorities, it will most likely receive a bank guarantee.

To provide guarantees, most banks require the client to provide the same list of documents as for a loan:

  • constituent documents (Charter, OGRN, INN),
  • full financial and accounting reporting for 1 year,
  • completed preliminary application,
  • purchase link.

For many banks, it is important that the procurement participant has an account opened with them. You also need to be prepared for this so as not to waste time negotiating with banks where your company does not have an account.

In a bank with which good business relations have already been established, the issuance of a bank guarantee can take place according to a simplified scenario. As a rule, quarterly financial statements are sufficient for financial analysis of a company.

How much does a bank guarantee cost?

The cost of a bank guarantee is determined individually and depends on:

  • its validity period,
  • the degree of risk of payment on it,
  • quality of ensuring the bank's recourse claims to the client.

Typically, the fee for issuing a guarantee ranges from 1% to 5% of the amount of the required collateral.

Receipt time ranges from 1 day to several days. Recently, these deadlines have been shortened as a bank guarantee has become an increasingly popular banking product and banks are considering electronic applications.

Bank guarantee limit

Before participating in an electronic auction or competition, you can find out in advance whether the bank will give you a guarantee if you win. To do this, you need to contact the bank to set a limit on bank guarantees. In this case, the bank requests copies of documents from you and sets a limit. However, two conditions must be taken into account:

  • you will have to pay for setting a limit in some banks - about 1% of the guarantee amount,
  • if the financial statements worsen in the next quarter, you will not be issued a bank guarantee.

Setting a limit is useful. Firstly, this will allow you to find out whether it is worth counting on receiving a bank guarantee in principle, and secondly, after you win the tender, the bank will make a decision on issuing a guarantee much faster.

What to do if there are a couple of days left to receive it?

It is important for the winner to receive the bank guarantee on time. If you miss the deadline for signing a contract, there is a risk of ending up on the register of unscrupulous suppliers. What to do in this case? Communicate with the bank via the Internet, and sign documents with a qualified electronic signature. It is much faster and more convenient than submitting documents on paper.

If you decide to participate in electronic auctions and competitions, study in detail the issue of obtaining a bank guarantee, find out your limit or calculate the cost of the guarantee in advance for each interesting purchase. If the terms of the contract are met, there will be no claims from the government customer, and therefore no payments under your bank guarantee.

In the comments to articles you can get answers from other suppliers, and experts will answer

1.1. When establishing requirements for banks, the Government Russian Federation sets size requirements own funds(capital) of the bank and the level of credit rating assigned to the Russian credit organization by one or more credit rating agencies, information about which is entered by the Central Bank of the Russian Federation in the register of credit rating agencies, according to the national rating scale for the Russian Federation in accordance with the methodology, the compliance of which with the requirements of the article 12 of the Federal Law of July 13, 2015 N 222-FZ “On the activities of credit rating agencies in the Russian Federation, on amending Article 76.1 of the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” and invalidating certain provisions of legislative acts of the Russian Federation Federation" was confirmed by the Central Bank of the Russian Federation.

1.2. A list of banks that meet the established requirements is maintained federal body executive branch on the regulation of the contract system in the field of procurement based on information received from the Central Bank of the Russian Federation, and is subject to posting on the official website of the federal executive body for regulation of the contract system in the field of procurement on the information and telecommunications network "Internet". If circumstances are identified that indicate the compliance of a bank not included in the list with the established requirements or that a bank included in the list does not comply with the established requirements, such information is sent by the Central Bank of the Russian Federation to the federal executive body for regulating the contract system in the field of procurement within five days from the date of identification of these circumstances to make appropriate changes to the list.

ConsultantPlus: note.

Part 1.3 art. 45 (as amended by Federal Law No. 469-FZ dated December 27, 2019) applies

1.3. During the period of implementation of the plan for participation of the Bank of Russia in the implementation of measures to prevent bankruptcy of a bank included in the list of banks provided for Part 1.2 of this article, as of the date of approval of the said plan, bank guarantees of such a bank can ensure applications and execution of contracts, regardless of the compliance (non-compliance) of such bank with the requirements established in accordance with Part 1.1 of this article, subject to the adoption of a decision by the Board of Directors of the Central Bank of the Russian Federation on guaranteeing the continuity of the activities of such a bank.

ConsultantPlus: note.

Part 1.4 art. 45 (as amended by Federal Law No. 469-FZ dated December 27, 2019) also applies to banks for which, before December 28, 2019, plans for the participation of the Bank of Russia in the implementation of measures to prevent their bankruptcy were approved and the continuity of their activities is guaranteed during the period of implementation of the plans.

1.4. During the period of implementation of the plan for the participation of the Bank of Russia in the implementation of measures to prevent bankruptcy of a bank included in the list of banks provided for in Part 1.2 of this article, on the date of approval of the said plan by the Board of Directors of the Central Bank of the Russian Federation, such a bank is not excluded from the specified list, subject to acceptance by the Board directors of the Central Bank of the Russian Federation decisions to guarantee the continuity of the activities of such a bank.

ConsultantPlus: note.

Part 1.5 Art. 45 (as amended by Federal Law No. 469-FZ dated December 27, 2019) also applies to banks for which, before December 28, 2019, plans for the participation of the Bank of Russia in the implementation of measures to prevent their bankruptcy were approved and the continuity of their activities is guaranteed during the period of implementation of the plans.

1.5. Information about the fact and date of approval of the plan for the participation of the Bank of Russia in the implementation of measures to prevent bankruptcy of a bank included in the list of banks provided for in Part 1.2 of this article, and information about the fact and date of the adoption by the Board of Directors of the Central Bank of the Russian Federation of a decision to guarantee the continuity of the activities of such a bank in during the implementation period of the specified plan are sent by the Central Bank of the Russian Federation to the federal executive body for regulating the contract system in the field of procurement no later than within five working days following the day the specified decision is made.

ConsultantPlus: note.

Part 1.6 art. 45 (as amended by Federal Law No. 469-FZ dated December 27, 2019) also applies to banks for which, before December 28, 2019, plans for the participation of the Bank of Russia in the implementation of measures to prevent their bankruptcy were approved and the continuity of their activities is guaranteed during the period of implementation of the plans.

1.6. If a bank included in the list of banks provided for in Part 1.2 of this article, on the date of approval in relation to such bank of the Bank of Russia participation plan in the implementation of measures to prevent bankruptcy, is excluded from the specified list until the day the Board of Directors of the Central Bank of the Russian Federation makes a decision on guaranteeing the continuity of the activities of such a bank during the period of implementation of the plan for the participation of the Bank of Russia in the implementation of measures to prevent bank bankruptcy, such a bank is included by the federal executive body for regulating the contract system in the field of procurement in the specified list no later than within five working days following the day receiving from the Central Bank of the Russian Federation the information specified in part 1.5 of this article.

2. The bank guarantee must be irrevocable and must contain:

1) the amount of the bank guarantee payable by the guarantor to the customer in the cases established by Part 15 of Article 44 of this Federal Law, or the amount of the bank guarantee payable by the guarantor to the customer in the event of improper performance of obligations by the principal in accordance with Article 96 of this Federal Law;

2) obligations of the principal, the proper fulfillment of which is ensured bank guarantee;

3) the obligation of the guarantor to pay the customer a penalty in the amount of 0.1 percent of the amount payable for each day of delay;

(see text in the previous edition)

4) the condition according to which the fulfillment of the guarantor’s obligations under the bank guarantee is the actual receipt of funds into the account on which, in accordance with the legislation of the Russian Federation, transactions with funds received by the customer are recorded;

(see text in the previous edition)

6) a suspensive condition providing for the conclusion of an agreement for the provision of a bank guarantee for the obligations of the principal arising from the contract at its conclusion, in the case of a bank guarantee being provided as security for the execution of the contract;

7) the list of documents established by the Government of the Russian Federation, provided by the customer to the bank simultaneously with the requirement to pay the amount of money under the bank guarantee.

3. In the case provided for by the notice of procurement, procurement documentation, draft contract concluded with sole supplier(contractor, performer), the bank guarantee includes a condition regarding the customer’s right to undisputed write-off cash from the guarantor’s account, if the guarantor, within no more than five working days, has not fulfilled the customer’s demand for payment of the amount of money under the bank guarantee, sent before the expiration of the bank guarantee.

ConsultantPlus: note.

Part 3.1 art. 45 (as amended by the Federal Law of December 27, 2018 N 502-FZ) applies to procurements for which notices are posted and invitations are sent after 07/01/2019, and by agreement of the parties - to relations under contracts for which procurement notices are posted and invitations are sent until 07/01/2019.

3.1. A reduction in accordance with parts 7 and 7.1 of Article 96 of this Federal Law in the amount of security for the performance of a contract provided in the form of a bank guarantee is carried out by the customer by waiving part of his rights under this guarantee. In this case, the date of such refusal is recognized as the date of inclusion of the information provided for in Part 7.2 of Article 96 of this Federal Law in the relevant register of contracts provided for in Article 103 of this Federal Law.

4. It is prohibited to include in the terms of a bank guarantee a requirement that the customer submit to the guarantor judicial acts confirming the principal’s failure to fulfill the obligations secured by the bank guarantee.

5. The customer reviews the received bank guarantee within a period not exceeding three working days from the date of its receipt.

(see text in the previous edition)

6. The grounds for refusal to accept a bank guarantee by the customer are:

1) lack of information about the bank guarantee in the registers of bank guarantees provided for in this article;

(see text in the previous edition)

3) non-compliance of the bank guarantee with the requirements contained in the notice of procurement, invitation to participate in determining the supplier (contractor, performer), procurement documentation, draft contract, which is concluded with a single supplier (contractor, performer).

7. In case of refusal to accept a bank guarantee, the customer, within the period established by part 5 of this article, informs the person who provided the bank guarantee in writing or in the form of an electronic document, indicating the reasons that served as the basis for the refusal.

(see text in the previous edition)

8. A bank guarantee used for the purposes of this Federal Law, information about it and the documents provided for in Part 9 of this article must be included in the register of bank guarantees located in a single information system, with the exception of bank guarantees specified in part 8.1 of this article. Such information and documents must be signed with an enhanced electronic signature of a person authorized to act on behalf of the bank. Within one business day after such information and documents are included in the register of bank guarantees, the bank sends to the principal an extract from the register of bank guarantees.

(see text in the previous edition)

8.1. The information on bank guarantees provided for in Part 9 of this article is not posted on the official website, and when purchasing goods, works, services, information about which constitutes a state secret, is included in a closed register of bank guarantees, which is not posted in the unified information system and on the official website .

(see text in the previous edition)

8.2. Additional requirements for a bank guarantee used for the purposes of this Federal Law,

A bank guarantee can be a guarantee of the expected result of the agreement between the parties to the transaction. Next, we will look at how to obtain a bank guarantee, and also identify the main criteria that play a key role in obtaining it.

What you need to know about a bank guarantee

The definition of the term “bank guarantee” is given in Part 1 of Article 368 of the Civil Code of the Russian Federation. A bank guarantee is a written obligation of the guarantor (bank) to provide the principal's creditor (that is, the beneficiary) with an agreed amount after the beneficiary submits a written request for payment.

Thus, if a procurement participant or supplier violates the agreement to fulfill its obligations to the customer, the bank undertakes to return the agreed amount to him, after which the supplier will have to reimburse the money directly to the bank.

From the above it follows that the main elements of a bank guarantee will be the guarantor represented by the bank, the principal represented by the procurement participant or supplier, as well as the beneficiary, that is, the customer. In addition to the three listed participants, there may be a fourth - a broker, who will act as a link between the guarantor and the principal.

The principle of operation of this system is that the principal, represented by the procurement participant or supplier, undertakes to give a bank guarantee as evidence that he will fulfill all agreed obligations and terms of the transaction. Read about this in the article in the magazine "General Director".

By definition, the beneficiary, which may be a municipal customer, is a beneficiary. In a situation where the principal does not comply with its obligations, the beneficiary will have the opportunity to file an appeal to the guarantor in order to recover a bank guarantee in the amount of an agreed amount of money as compensation for the loss incurred, which was caused by the violation of the assumed obligations.

The beneficiary, who is a state (municipal) customer, has the right to accept bank guarantees provided by banks included in the list provided for in Article 74.1 of the Tax Code of the Russian Federation “List of banks that meet the established requirements for accepting a bank guarantee for tax purposes.” This action of the beneficiary is necessary to ensure applications and execution of contracts under Article 44 of the Federal Law of the Russian Federation.

It should be noted that, within the framework of Article 44 of the Federal Law of the Russian Federation, the beneficiary has the right to provide an application for participation in the auction as in monetary units, and in the form of a bank guarantee.

But we must remember that this condition is met only when holding competitions and closed auctions, which is stipulated in Part 1 of Article 44 of the Federal Law of the Russian Federation.

At the same time, Part 2 of Article 44 of the Federal Law of the Russian Federation states that one can become a full-fledged participant in an electronic auction only by depositing a certain amount of money.

  • 3 financial support tools that will simplify participation in procurement

Types of bank guarantees

According to the generally accepted classification, bank guarantees are divided into:

  1. For its intended purpose. This includes the following types of guarantees: guarantee of payment, performance, tender, customs, as well as guarantees for the return of advance payment and bill of lading.
  2. By provision. Includes coated and uncoated.
  3. According to the terms of payment, which contain conditional and unconditional bank guarantees.
  4. By nature: revocable and irrevocable.

Payment guarantees are provided to make full payment of funds by the principal (buyer) to the beneficiary (seller) within a specified period when goods have been delivered, services provided, and work performed. If in such a situation an action was completed, but no payment was made, the beneficiary can send a written request to the bank acting as a guarantor, because it is the bank that provides the guarantee. The bank then needs to pay the beneficiary the amount of money specified in the guarantee.

Performance guarantees serve to ensure proper fulfillment by the principal of the agreed obligations regarding the services provided, goods supplied or work performed. In this case, the bank guarantee compensates for the losses of the beneficiary, and also serves to assure the buyer of the fulfillment of contractual obligations or ensures the implementation of the contract by the winning bidders.

Tender guarantees necessary to ensure obligations to the customer on behalf of the bidder.

Advance payment refund guarantee allow you to certify the fulfillment of obligations by the beneficiary to the principals. This type of bank guarantee is necessary in order to confirm the intended use of the advance that was provided to the beneficiary.

Customs guarantees provide assistance when trading participants work with customs authorities. Such bank guarantees allow you to receive installments and a deferment from making customs payments and fees.

Bill of lading guarantees ensure the obligations of the cargo carrier when the cargo was transferred without a bill of lading, which is a document confirming the rights to the transported goods. The bill of lading is issued by the carrier to the shipper at the time of acceptance of the transported cargo. This document is needed during international transportation of goods, as it proves the fact of acceptance of the goods and conclusion of the contract. The bill of lading is documentation of title, that is, this document makes it possible to dispose of the goods being transported.

Covered bank guarantees can only be obtained if the principal deposits a certain amount of money into the account to cover it.

Uncovered bank guarantees represent guarantees that are received if the condition of the principal providing collateral in the form of a deposit is met, real estate or vehicles.

Conditional bank guarantees the bank provides if there is a beneficiary's request in writing. In this case, the beneficiary must fulfill all warranty obligations and provide documentation confirming this fact, namely invoices, certificates of work performed, invoices and other documents.

Unconditional bank guarantees are also provided by the bank upon presentation of the beneficiary's request in writing, but in this case there is no need to fulfill other conditions and provide additional documentation to obtain a bank guarantee.

Revocable bank guarantees are the type of guarantees that the guarantor can change or cancel without necessarily notifying the beneficiary and at any time, if this is in accordance with the instructions of the principal. However, the guarantor is obliged to fulfill the guarantee obligations if the beneficiary has already demanded payment of funds.

Irrevocable bank guarantees cannot be subject to any changes or be canceled by the guarantor without obtaining the consent of the beneficiary.

3 ways to get a bank guarantee

Method number 1. Classic

This method can be used if you plan to receive a bank guarantee for a large sum of money, starting from 20 million rubles. This method is also acceptable when it is necessary to fix the maximum limit for issuing bank guarantees. The classic method of obtaining a bank guarantee is successfully implemented by guarantors, whose product line does not contain programs for the accelerated issuance of funds.

Method number 2. Accelerated

Suitable for cases where you urgently need to obtain a bank guarantee. This method is common in those banks that seek to attract new customers. It is for this reason that the guarantor can implement specially designed programs for accelerated approval and receipt of a bank guarantee. These specialized programs contain strict entry requirements, as well as a list of all required documentation. In addition to the above, the programs prescribe a scheme of work between bank branches. This functioning of the bank makes the consideration of the application quick and speeds up the issuance of a bank guarantee (approximate period - 5 days). It is worth noting that with the accelerated method of obtaining a bank guarantee, its amount usually ranges from 10 to 15 million rubles.

Method number 3. Electronic

Issuing a bank guarantee electronically allows the client to send documentation to the bank that has been confirmed using electronic signature. Further, using the same electronic signature, a bank guarantee can be provided in electronic form. The advantage of this method is that the parties to the transaction have the opportunity to spend significantly less time on the process of issuing a bank guarantee: otherwise (when all the necessary documentation is provided in paper form) much more time is needed.

When issuing a bank guarantee electronically, the period for issuing it is 4 days. Despite significant advantages, this method also has its disadvantages: a small amount of the bank guarantee issued - from 3 to 5 million rubles for one guarantee and no more than 10 million for all valid guarantees that were provided to the client.

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Additional conditions for providing a bank guarantee

Most often, in many banks, in addition to the basic conditions, there are a number of additional ones that play an important role. Let's look at what you need to get a bank guarantee with 100% success:

Collateral (deposit)

In most cases, a bank guarantee is issued without providing collateral or a deposit. However, this condition may become necessary if the financial condition of the company does not satisfy the bank’s requirements, and also when the amount of the guarantee provided significantly exceeds the company’s turnover.

Thus, the bank has every right to put forward the provision of collateral or deposit as an additional condition. Nevertheless, the majority of participants in the transaction, namely companies from small and medium-sized businesses, receive a bank guarantee of no more than 700 thousand rubles, which automatically eliminates the need to provide collateral or a deposit.

Opening a current account with a guarantor bank

In order for a guarantee to be provided, some banks may require that the client open a current account and make transactions on this account. Those banks that do not require this condition to be fulfilled in order to obtain a guarantee most often do not issue a guarantee of more than 10-15 million rubles. This must also be taken into account when planning to obtain a bank guarantee.

Guarantee of company owners

This condition must be met in most banks when receiving a bank guarantee. However, it is considered more beneficial for clients than, for example, the need to provide collateral or a deposit.

What documents are required to obtain a bank guarantee?

Let's look at the main package of documents that you need to provide to the bank in order to receive a bank guarantee quickly and easily.

It is important to remember that different banks have a list necessary documents depends on accepted requirements and may vary. We list the main documents required to provide a bank guarantee:

1. Application for a guarantee in the required bank form.

2. A completed application form containing information about the company that receives the bank guarantee.

3. Duplicates of the company’s statutory and constituent documentation - TIN and OGRN.

4. An extract from the Unified State Register of Individual Entrepreneurs (USRLE), which was received no more than a month before submitting an application for a bank guarantee.

5. Duplicates of the protocol on the election of the director and the order on taking office. These documents confirm the rights of the company owner, who will be issued a bank guarantee.

6. Duplicates of documents confirming the powers of other employees conducting their activities on behalf of the company that receives a bank guarantee.

  • balance sheet according to form No. 1, report on financial results according to form No. 2 for companies that use common system taxation;
  • tax return under the simplified tax system for the last year, an extract from the book of income and expenses for individual entrepreneurs who use the simplified taxation system;
  • tax return 3-NDFL for individual entrepreneurs, if they use the general taxation system.

8. Draft contract, registration number procurement, competition documents, protocol for recognizing the winner.

9. Other necessary documents that the bank may request.

Documents such as an extract from the Unified State Register of Legal Entities (USRLE) or a certificate from the tax office must be provided in a valid state. Since it will take some time to obtain them, the company should always try to keep these documents up to date if it participates in tenders.

Important! If a company has received an offer about the possibility of obtaining a bank guarantee under a commercial contract based on a smaller number of documents, most likely they will offer you a gray, that is, illegal, bank guarantee.

Main characteristics of a bank guarantee

  1. According to Article 368 of the Civil Code of the Russian Federation, the subject (guarantor) can be a bank or credit institution, or an insurance company.
  2. According to clause 2 of Article 369 of the Civil Code of the Russian Federation, a bank guarantee is paid. After issuing the guarantee, the principal is obliged to pay the bank a monetary incentive.
  3. According to Article 370 of the Civil Code of the Russian Federation, a bank guarantee does not depend on the main obligation. The bank’s obligation to the beneficiary as specified in the guarantee will not be dependent on the main obligation in the interaction between the participants. This condition applies even if the guarantee is issued to secure the performance of this obligation and if the guarantee refers to it.
  4. According to Article 371 of the Civil Code of the Russian Federation, a bank guarantee is irrevocable. The bank does not have the right to revoke the guarantee, unless, of course, it contains other conditions.
  5. According to Article 372 of the Civil Code of the Russian Federation, rights under a bank guarantee cannot be transferred at the request of the guarantor by the beneficiary to another participant, unless the guarantee contains other terms of cooperation.

How to get a bank guarantee: algorithm of actions

A bank guarantee can be issued as follows:

  • in writing on paper;
  • in electronic form in accordance with all the requirements specified in legislative acts.

It does not matter what form of ownership or legal form the guarantor has. In any case, the technology for obtaining a bank guarantee without opening an account will contain the following steps:

1. Appeal. The first step that a client wishing to obtain a bank guarantee must take is to fill out primary document to apply for a guarantee, that is, a standard application form, questionnaire or statement. After this, the client switches to the status of principal.

2. Study and check the client. The guarantor has the right to request the entire necessary package of documents that will be involved in the transaction: constituent documentation, registration certificate, as well as financial, accounting and statistical reports. As mentioned earlier, this list of documents must necessarily contain a balance sheet in Form No. 1, a profit and loss statement in Form No. 2, which must be certified by the seal and personal signature of the responsible person of the company or the tax office. During the study of the provided documents, an analysis of the financial and economic activities of both the principal and the beneficiary will be carried out. During the analytical work, risks and negative consequences may be discovered. The result of the work carried out may be the guarantor’s demand for a deposit, which includes property owned by the principal.

3. Making a decision. Based on the research and analysis of documentation, the guarantor decides whether a bank guarantee will be issued or the client will be refused. The client must understand that the bank's decision will not be favorable for obtaining a guarantee in all situations. If the bank considers such cooperation risky, it may require additional documentation. Often, in order to refuse a client, a guarantor may use special tactics: a bank or other credit institution may request documents that the client will not be able to provide or will take a long time to obtain. indefinite period, which will also be an objective reason for refusing to provide a guarantee. An example would be a request from a potential guarantor, who is not interested in the transaction, to provide a business plan or a financial and analytical forecast of the company's development. The bank may also require documents on the presence or absence of a criminal record of some of the company’s employees, certified and confirmed by internal affairs bodies, or a request for changes made to the constituent documentation when errors were discovered to which the client may have nothing to do, and much more.

4. Formalization of the decision. In the vast majority of cases, a potential guarantor can formulate a negative decision on receiving a bank guarantee in a document containing the grounds and arguments for the refusal. If the bank has approved the provision of a guarantee, then, according to Article 161 of the Civil Code of the Russian Federation, the transaction will be carried out in writing, and then a current account will be opened, a pledge will be issued (if the bank puts forward such a requirement), as well as payment of remuneration by the principal. The size of the bank's commission (remuneration) is determined by certain parameters of the transaction: the amount of the amount, possible risks, terms of the contract, and others. An important question It is up to the client to determine the price of the bank guarantee, because it is a product of the financial market. The generally accepted fee for a bank guarantee can reach 7% per annum, depending on the current situation in the financial market. In this case, determining the amount of payment of a percentage of the guaranteed amount will range from 0.5-5% for the specified time period.

If all steps to obtain a bank guarantee are completed successfully, and the algorithm for providing it is completed, the guarantor provides the purchased product, that is, a bank guarantee. The average time to receive a guarantee is 1-2 weeks.

The algorithm we studied for obtaining a bank guarantee can be called universal, regardless of the form of organization of the guarantor and the principal.

The Civil Code of the Russian Federation is undergoing changes, during which norms appear that determine that participants in civil law relations put forward new requirements for civil law entities. Undoubtedly, these innovations also affected the algorithm for providing a bank guarantee.

Previously, in Russia, a bank guarantee was required only for foreign economic transactions. Currently, a bank guarantee is required for state and municipal orders.

According to the Federal Law of 04/05/2013 No. 44-FZ and the Federal Law of 07/18/2011 No. 223-FZ, participants and winners of tenders are required to receive a bank guarantee.

Work in the field of public procurement also implies the need to obtain bank guarantees, and the requirements for obtaining them are becoming more stringent. Thus, the role of audit increases and control of this area increases. For this reason, it is quite difficult to implement the provisions of this law in real situations.

Article 45 of the Federal Law of the Russian Federation dated April 5, 2013 No. 44-FZ determines that for the customer the guarantee is security for applications and execution of contracts. Moreover, such guarantees can be issued by banks that are included in the list specified in Article 74.1 of the Tax Code of the Russian Federation. This list includes only banking organizations that meet the requirements for accepting a bank guarantee for tax purposes.

By law, state and municipal customers cannot accept a bank guarantee issued by an organization that is not included in the above list posted on the Internet portal of the Ministry of Finance of the Russian Federation.

In addition, the list of banks is regularly updated. Therefore, we can conclude that choosing a suitable banking organization to obtain a guarantee that will meet all the requirements of Article 45 of Law No. 44-FZ is a rather difficult task.

  • How to transfer property and finances to trust management and conclude an agreement

Actions of the procurement participant to issue a bank guarantee

1. Analyze your options for obtaining a guarantee. To this end you must:

  • study the date of registration of your company - it must operate for at least 3 months;
  • make sure that the size of the bank guarantee corresponds to the company’s turnover, and also take into account the fact that if the required guarantee exceeds the company’s turnover, a deposit will need to be paid;
  • investigate the company's losses based on the results of the financial statements;
  • analyze the results of participation in tenders and similar contracts. If the experience that the company has in this area is positive, the bank will most likely provide a guarantee.

2. The next step is to select a bank that will act as a guarantor. How to do this will be described in the next paragraph.

3. Conduct a study of the conditions under which the bank you have chosen operates, find out what additional documents may be required in order to obtain a commercial bank guarantee.

4. You will then need to determine and agree on a warranty rate.

5. Write an application for a bank guarantee and attach it to all required documentation.

6. Coordinate the draft bank guarantee.

7. Pay the invoice.

8. Receive the provided bank guarantee.

Actions of the procurement participant after issuing a bank guarantee

Step 1. Purchase all of the following documentation from a banking organization:

  • signed agreement in one copy;
  • directly the original bank guarantee;
  • extract from the register of bank guarantees.

Step 2. Conduct a check of compliance of the provided guarantee with the requirements contained in Article 45 of Law No. 44-FZ.

How to choose a bank to receive a bank guarantee

We will analyze banking organizations where you can get a bank guarantee. The list of all banks that are authorized to provide a bank guarantee in accordance with 44-FZ has sharply decreased recently. The list of banks issuing bank guarantees can be found on the Internet portal of the Russian Ministry of Finance.

Changes are made to this list regularly. However, the client cannot always choose a suitable bank from all those listed on the website. Let’s figure out which bank to get a bank guarantee from.

1. Submit a request to the bank that, firstly, is included in the list, and secondly, in which you have an open current account.

2. Study the experience of your business partners: in which banks they received a bank guarantee.

3. Conduct an analysis of bank guarantees that are in the register at www.zakupki.gov.ru.

4.Seek the help of a broker.

The region of operation of the banking organization also plays a decisive role in the choice. Typically, a bank issues guarantees only in the region of its presence. An exception to this rule will be electronic bank guarantees, which can be received by clients from anywhere in Russia.

It is not only the guarantor who makes his demands when providing a guarantee. The client also has the right to demand from the potential guarantor:

  • duration of activity from 5 years or more;
  • company assets exceeding 1 billion rubles;
  • high turnover of the organization, lack of government support.

Pay attention to the reviews and characteristics of the bank - they should be mostly positive. If a potential guarantor is on the verge of bankruptcy, he will not be able to pay the principal's obligations, even if he provides a bank guarantee. Accordingly, this may lead to the transaction being declared invalid.

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How much does it cost to get a bank guarantee?

If we compare two financial products - a bank guarantee and bank loan- you can find a lot in common. Therefore, we can conclude that the price for a bank guarantee will be directly dependent on the existing demand and supply for this service in the market. Due to the fact that demand creates supply, the price of a bank guarantee can vary significantly depending on the bank.

Let's look at what factors influence the cost of a bank guarantee.

Firstly, the amount of the required guarantee amount.

Secondly, the subject and time period during which the guarantee will be valid.

Thirdly, the requirement for collateral. Accordingly, if the guarantee does not imply the need to pay a deposit, then its cost will be higher. The commission for issuing a bank guarantee can range from 1% to 10%, but most often 3-5%. Let us study, as an example, the calculation of the price of a guarantee that ensures the execution of a contract.

So, the proposed procurement participant received a contract according to which he must repair the children's preschool. NMCC of the facility - 30 million rubles. The amount of contract security under the contract is 30% of the NMCC, so it is 9 million. The duration of the repair will be 12 months. In this case, the interest rate for issuing a bank guarantee will be 3%.

Let's calculate the amount of the bank guarantee. To do this, multiply 30 million by 30%, then multiply the resulting amount by 3%, then multiply the resulting number by one. As a result, we will have a bank guarantee amount of 270,000 rubles.

That is, in order to receive an order worth 30 million rubles, the client needs to receive a bank guarantee worth 270 thousand. This will be a more profitable action than withdrawing 9 million rubles from the company’s turnover for 1 year in order to transfer this amount to the customer.

What else you need to know about obtaining a bank guarantee

Bank guarantee terms

The bank guarantee is provided to the principal strictly for the agreed time. This time period must be determined jointly by the debtor and the beneficiary.

The period of the bank guarantee is determined by the following indicators:

  • date of shipment of goods;
  • the number of years for which the deferment or loan is issued;
  • end time of the activities specified in the project.

The duration of the guarantee can be measured in either months or years, but its duration should be maximally beneficial to all parties to the contract.

The beginning of the guarantee can be considered the day it is provided. According to the law, if the day of termination of the warranty falls on a weekend, that is, a non-working day, the date of completion of the warranty obligations must be postponed to the next day, which will be a working day.

Of course, the duration of the guarantee also determines its cost, which the debtor will have to pay. Thus, the price of a bank guarantee for a period of 5 years will be much higher than the cost of a guarantee for 5 months. Despite this, most often a warranty is purchased that lasts for several years.

The creation time for the banking product itself takes from 3 to 21 days. This includes an analysis of the authenticity of the documents submitted by the principal, as well as the preparation of all documentation necessary to issue a guarantee.

When the warranty ends

In some situations the warranty may become void:

  1. The principal is avoiding fulfilling obligations or the beneficiary has already received payment.
  2. The warranty period has expired.
  3. The lender waived its rights to the guarantee by revoking it.

Based on this, it can be seen that only the beneficiary has the right to revoke the bank guarantee. However, the beneficiary does not have the right to demand funds before the period specified in the agreement, or before the fulfillment of obligations. In this case, the beneficiary can issue a waiver of claims, which is a rather rare event.

When the debtor does not comply with the agreed conditions, the amount of money is automatically transferred to the creditor, and the bank guarantee terminates, and the business cooperation of the parties to the transaction also ends - thus, the principal, according to the terms of the agreement, pays the obligations to the bank.

The debtor fulfills its obligations throughout the validity period of the bank guarantee. After its completion, the guarantor withdraws from the transaction. In the future, the principal’s failure to fulfill obligations to the beneficiary is not controlled by the guarantor: the terms of cooperation must be determined during negotiations.

Check the validity of the guarantee

Due to the large number of events currently occurring in this area illegal transactions, the beneficiary is more interested than anyone else in the legality of the bank guarantee provided to him.

To check your warranty, please review the warranty register. An electronic version of the register can be found on the government procurement website. Here are bank guarantees for transactions in which government agencies are involved.

According to Law No. 44-FZ, data on a new bank guarantee must be reflected in the register within 24 hours after its execution.

However, the register does not contain information about bank guarantees, which deal with securing other obligations. Such data can be obtained using the Central Bank website by opening a tab with a database of all credit institutions that have the authority to provide a guarantee.

Also, information about the document will be posted on the website only once every three months, if the amount of the guarantee is small. Such presentation of information will not satisfy the beneficiary, therefore, if he has doubts, it is recommended to submit a request directly to the bank that provided the guarantee product.

Refusal to pay under guarantee

By law, the bank is obliged to provide the lender with the necessary financial resources immediately upon receipt of the request. The guarantor may slow down the issuance if:

  • the beneficiary did not provide the required documents;
  • the guarantor has doubts regarding claims for payment of funds;
  • the demand for payment is unlawful.

If the creditor's obligations have not been fulfilled, he will have to document this circumstance to the guarantor. In this case, the documents must not contradict the data specified in the guarantee. If the guarantor does not receive documents from the beneficiary, payment of the guarantee may not occur within the specified period.

Also, the guarantor may not consider it necessary to make payments. This happens most often when these guarantees are interpreted incorrectly. In order to exclude such situations, the guarantee agreement must be drawn up in such a way that there are no doubts, questions or misunderstandings in its interpretation by the participants. If payment of the guarantee was nevertheless stopped, this cannot last more than 7 working days.

If the beneficiary requires the guarantor to provide funds under terms other than the terms of the contract, the guarantor does not have the authority to fulfill the principal's obligations because this violates the agreed terms.

Moreover, if violations of the contract by the guarantor are detected, he will be liable for the debt of the principal.

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How to keep accounting records of a received bank guarantee

An accountant of a company who intends to keep records of received bank guarantees may encounter some difficulties in preparing a package of documents. It is clear that the invoice, as well as the invoice, must be provided along with the bank guarantee, but what needs to be done if the guarantee is issued electronically?

According to paragraph 3 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 23, 2012 No. 14 “On certain issues in the practice of dispute resolution...” an electronic guarantee issued in the form of a message using the SWIFT telecommunication system is equal to a similar paper document.

Accounting for a guarantee cannot be stopped in the event that the demands made by the guarantor or the beneficiary, which should have been presented along with the issuance of the guarantee, have not been fulfilled.

If the guarantor transferred the amount of money on a cash basis, the beneficiary must recognize profit from the sale of services or goods, since the guarantee provided payment.

If the obligations related to the payment of interest under the rules of an irrevocable guarantee, the beneficiary is obliged to take into account non-operating income representing interest on the loan.

If the principal has not fulfilled his obligations or performed them improperly, the beneficiary has the right to demand in writing from the guarantor the payment specified in the bank guarantee agreement. Such a requirement must reflect all violations that were committed by the principal during the execution of the contract.

The duration of the guarantee in such a situation will end when the guarantor pays the agreed amount to the beneficiary or when the validity period of the bank guarantee comes to an end.

The calculation of the guarantee should be carried out on off-balance sheet account 008 “Security for obligations and payments received”. In this case, the amount of the invoice must correspond to the agreement. During the debt repayment period, funds will be written off from the off-balance sheet account.

Features of accounting for bank guarantees in the simplified taxation system

The simplified tax system implies that the beneficiary receiving money from the guarantor marks it in the accounting report as income from the sale of goods or as non-operating income if the money was transferred from loan interest.

The company's accountant notes the entries in the ledger immediately after the money is credited to the beneficiary's account: debit account 51 “Current accounts” and credit account 76 “Settlements with various debtors and creditors.” In parallel with this action, it is necessary to reflect the principal’s debt on the debit of account 76, on the credit of account 62, 76, 78, subaccount 58-3, respectively, depending on the obligations.

In such a situation, the guarantee should be reflected in off-balance sheet account 008 “Securities for obligations and payments received.” Based on the results of debt repayment, an amount of money will be debited from the account in the amount specified in the agreement.

How is a bank guarantee accounted for by the principal?

It is necessary to emphasize that the provision of a guarantee will be considered a banking transaction, as a result of which this service will not be subject to VAT taxation in accordance with federal law 395-1. Therefore, the principal accepts VAT for deduction, indicating this in accounting in advance. But a condition must be met: the bank guarantee must be provided without additional operations that may require a tax deduction.

At the same time, the principal should not deduct input VAT when transactions occurring due to the issuance of a bank guarantee do not have VAT.

A non-operating expense will be the amount of income tax if the guarantee was issued by a bank or credit company. If the guarantee was paid by an insurance company, the funds must be accounted for for income taxes.

Remuneration to the guarantor: accounting

The type of liability also affects the accounting treatment. An example would be a guarantee given to the seller by a buyer who purchased the property, and the amount of the guarantee would be charged to the costs of purchasing the property.

Let's look at what the costs will consist of in this situation: expenses for the purchase of property, credit interest on a loan for the purchase of property, markups, allowances, commission plan remuneration, customs payments, and so on. The amount of the bank's consideration will be included in the actual assets acquired at the time the guarantee was given, before the assets were taken into account.

Example of accounting entries in such a case

The amount of remuneration for the guarantor, which contains the actual price of the asset: debit to account 01, 07, 08, 10, 41 - credit to account 76.

Remuneration payment for the guarantor: debit account 76 - credit account 51.

When the guarantee was issued after the actual price of the assets was formed, the accountant’s entries may look like this: debit to account 91, 2 - credit to account 76.

An accountant may recognize an expense as “other” if the guarantee was issued to secure a debt obligation.

In addition, additional costs may be added to others, and they must be distributed over the entire period for which the contract was concluded.

It is important to reflect the chosen method, that is, for example, accounting for additional borrowing costs, uniform accounting during the loan period, one-time accounting at the time of their occurrence.

As a result, the accountant’s entries may look like this:

Debit account 91, 2 - credit account 76 (the amount of remuneration to the guarantor must be reflected).

Debit of account 76 - credit of account 51 (where remuneration payments are indicated).

Bank guarantee issued to secure other obligations

When a bank guarantee is issued to cover other circumstances, the tax is included in non-operating expenses or in sales and production expenses.

The company will have to determine on its own what type of expenses to include the remuneration for the guarantor. Most often, other expenses include the obligation to pay for services or work, the supplier’s obligation to deliver goods, and others.

The remuneration can be attributed to non-operating costs: to pay customs, taxes, to implement the application procedure for VAT refund, and so on.

For profit tax purposes, bank guarantee expenses can be taken into account if the expenses are confirmed and economically justified or if they are related to making a profit.

For clarity, let's look at some accounting entries which are used most often. In the situation under study, the debtor company paid the guarantee commission. This reflected in the account as follows:

If the return of the guarantee occurs before the agreed time, the guarantor may pay the principal the commission paid. Her arrival is reflected in the table:

Amount, rub.

The guarantor's bank account will show a transaction of the following type:

Under the terms of the agreement between the principal and the guarantor, the debtor has the opportunity to invest in securing the contract securities. It will look like this:

It must be remembered that every action of any party to the transaction must be correctly reflected in the guarantee account.

  1. Determine the bank that will act as a guarantor for the execution of the contract. You can only choose from the list of banks established by the Russian Ministry of Finance. The list of banks is posted on the official website of the Russian Ministry of Finance and is regularly updated. Please note: many banks require that the participant have an account with that bank. A bank guarantee, if it was issued by a bank that is not included in the list of the Ministry of Finance, cannot be accepted as adequate security for the execution of a contract or application.
  2. Clarify the conditions under which the bank is ready to issue a guarantee to the participant.

The bank guarantee must be included in the register of bank guarantees located in the Unified Information System (clause 8 of Article 45 of Law No. 44-FZ). The bank that issued a guarantee to the procurement participant is obliged to enter into the register all information about it within the next business day after its issuance.If a guarantee was issued, but for some reason was not entered into the register, then the customer is obliged to refuse to accept it ( clause 1, part 6, art. 45 of Law No. 44-FZ).

Electronic bank guarantee or regular one?

You can receive a bank guarantee either in writing or electronically. For oTo issue an electronic bank guarantee, a digital signature will be required. This guarantee has several advantages:

  • no need to go to the bank with documents - you can issue them remotely;
  • fast speed of its registration.

When issuing an electronic bank guarantee, you must provide all documents in electronic form. The list of documents is the same as when applying for a regular guarantee.

Documents for issuing a bank guarantee

The list of documents requested by different banks may differ. The bank will definitely require the following six documents:

  1. Application for a bank guarantee (according to the bank form).
  2. Information about the person to whom the bank guarantee is provided (in the form of a questionnaire).
  3. Copies of constituent documents.
  4. Copies of documents confirming the authority of the manager and other persons authorized to carry out actions on behalf of the organization.
  5. Accounting statements for the latest reporting periods, transcripts thereto.
  6. Draft contract to be concluded.

The participant will receive from the bank:

  1. A copy of the bank guarantee agreement.
  2. Original bank guarantee.
  3. An extract from the register of bank guarantees.

Mandatory conditions of a bank guarantee

It is unacceptable to include in the text of a bank guarantee the following provisions:

  1. Provision on the right of the guarantor bank to refuse to satisfy the customer’s request for payment under a bank guarantee if the customer fails to provide the guarantor with notification of the supplier’s violation of the terms of the contract or termination of the contract.
  2. Requirement for the customer to provide the guarantor bank with a report on the execution of the contract.
  3. The requirement for the customer to provide the guarantor bank with documents not included in the list of documents approved by the Government of the Russian Federation of November 8, 2013 No. 1005, which the customer submits to the bank simultaneously with the requirement to pay the amount of money under the bank guarantee.

Check the bank guarantee carefully!

Dmitry Chernov, General Director of Fintorg Center for Financial Services LLC, comments:

“I strongly recommend reading several articles of Law No. 44-FZ. The most important article is Article 45, paragraphs 2, 3, 4, which sets out clear requirements for a bank guarantee: what it should contain, what it should not contain, what the customer must present when disclosing the bank guarantee. Many people don’t bother reading this article and punish themselves very much. Thousands of companies are rejected by bank guarantees simply due to simple ignorance of the law. In some cases, this is the malicious intent of banks that issue “fake” bank guarantees with confusing wording. Even a specialist cannot always distinguish a low-quality bank guarantee and understand in what formulations the catch lies.”

Watch the interview with Dmitry Chernov "" - here are more tips from general director financial organization.

What is included in a bank guarantee

A bank guarantee used in government procurement must be irrevocable and contain (clause 2 of article 45 of Law No. 44-FZ):

  • the amount of the bank guarantee payable by the guarantor to the customer, or the amount of the bank guarantee payable by the guarantor to the customer in the event of improper performance of obligations by the principal;
  • obligations of the principal, the proper fulfillment of which is ensured by a bank guarantee;
  • the obligation of the guarantor to pay the customer a penalty in the amount of 0.1% of the amount payable for each day of delay;
  • a condition according to which the fulfillment of the guarantor’s obligations under the bank guarantee is the actual receipt of funds to the account, which, in accordance with the legislation of the Russian Federation, accounts for transactions with funds received by the customer;
  • validity period of the bank guarantee;
  • a suspensive condition providing for the conclusion of an agreement for the provision of a bank guarantee for the obligations of the principal arising from the contract at its conclusion, in the case of a bank guarantee being provided as security for the execution of the contract;
  • the list of documents established by the Government of the Russian Federation, provided by the customer to the bank simultaneously with the requirement to pay the amount of money under the bank guarantee.

Unsecured bank guarantee - how realistic is it? If the amounts are small, then bank guarantees are usually unsecured and do not require a guarantee. If the amount is more than, for example, 10 million rubles. (exceeds the portfolio of homogeneous loans), the determination begins: whether a current account will be opened, whether a deposit will be placed and whether there will be a guarantee.

We remind you that a bank guarantee can be issued on paper and in the form of an electronic document.

A bank guarantee is a type of security for obligations confirmed by the bank (“guarantor”) in favor of the client (“principal”) to fulfill obligations to the creditor (“beneficiary”).

There are various types guarantees: tender, payment, customs, tax, contract performance, credit line. Legislative regulation of operations is carried out on the basis of Art. 368 part 1 of the Civil Code of the Russian Federation of November 30, 1994 (51-FZ). A bank guarantee helps develop business and opens up new prospects for legal entities.

Return of bank guarantee

The bank guarantee is returned:

  • when the beneficiary waives his rights. This situation may arise upon termination of the contract, if customs obligations have not arisen;
  • upon liquidation of the guarantor as legal entity, when the license is revoked by the Central Bank of the Russian Federation;
  • upon expiration of the contract;
  • upon payment of the full amount to the beneficiary;
  • expiration of the warranty period;
  • when paying compensation.

Execution of a bank guarantee

Execution of a bank guarantee is understood as the fulfillment of the guarantor’s obligations stipulated by the contract upon the occurrence of the cases described in it. The execution of the bank guarantee is entrusted to the bank, which subsequently independently returns the funds from the unscrupulous principal.

The process of executing a bank guarantee consists of several stages:

  • drawing up a claim, submitting it to the financial institution and notifying the principal of the claim received by the guarantor;
  • consideration of the application and verification of documents;
  • making a decision and notifying all interested parties about it.

Providing a bank guarantee

A bank guarantee is provided on the basis of Article 368 Civil Code RF. It is entered after submitting an application for a guarantee and the bank makes a positive decision on the application. The subject of the security is specified in the contract. This could be: a pledge, a deposit, a bill of exchange, guarantees from another financial institution, which the principal transfers to the bank. The amount of security must exceed the amount of the guarantee. The credit authority may require confirmation of the value of the collateral, for example, an expert assessment. Typically, interest rates for an unsecured guarantee are higher than for the same service with a pledge or deposit.

Register of bank guarantees

The register of bank guarantees contains information about all issued guarantees. This requirement is fulfilled within 24 hours from the date of conclusion of the contract. Only then will the obligation come into force. The purposes of registration are the ability to verify the authenticity of documents and reduce budget losses from false guarantees.

The following information is entered into the register of banking transactions:

  • name of the bank, its address TIN;
  • the amount of money payable by the guarantor in the event of default by the principal;
  • name, tax identification number and address of the client of the financial institution by the principal;
  • a copy of the guarantee agreement;
  • duration of obligations.

Bank guarantee conditions

The terms of a bank guarantee are determined by its type and are described by an agreement between the principal and the guarantor. Depending on the procedure for paying the beneficiary funds, a distinction is made between a guarantee on first demand (unconditional) and a conditional guarantee, which requires documentary evidence of the principal’s failure to fulfill his obligations. For example, failure to fulfill obligations can be considered improper performance of a contract, non-return of an advance payment or non-payment of customs duties, or failure to fulfill obligations by a tender participant.

Limit on issuance of bank guarantees

Any company can receive a limit on the issuance of bank guarantees (BG) subject to a number of rules. Filling out an application is beneficial for organizations that often take part in tender competitions. Obtaining a limit allows you to quickly receive a bank guarantee for several years.

Companies with the most stable economic indicators. Experience in fulfilling obligations will be a plus for the organization. Banks carefully check the level of solvency of the borrower.

Main types of bank guarantees

A guarantee is a way to ensure the fulfillment of debt obligations. By issuing a guarantee, the bank assumes the corresponding risks. There are main types of bank guarantees: payment, performance, return of advance, bill of lading, conditional, guarantees on first demand, customs.

Types of BG differ in terms of implementation. Payment guarantee is an agreement by the bank to make payments in the event of non-payment of the debt by the borrower. Guarantee on first demand - the obligation of the borrower to return the borrowed amount after the first written application of the creditor.

How to get a bank guarantee?

You can find out how to obtain a bank guarantee from your bank or broker. Clients who turn to a broker for help are guaranteed to receive permission, however, the cost of agent services is higher than at a bank. By cooperating with the bank, the borrower receives less risk.

It is necessary to prepare a package of documents. In cooperation with a broker, the client delegates the execution of the application to the agent. Consideration of the application by the bank takes 2-3 weeks; the broker is ready to provide the bookmaker within a few days.

What does a bank guarantee look like?

IN recent years The problem of falsifying bank documents has become more acute, so the client must know thoroughly what a bank guarantee looks like. The document is printed on company letterhead. The corporation issuing the guarantee must be on the list of the Ministry of Finance.

The document contains the standard text of the agreement, details of the borrower and the bank. Most banks print forms with watermarks. When contacting an intermediary for a guarantee, you should check all levels of security of the form.

Who issues bank guarantees?

When choosing a broker to apply for a loan, you should clarify in advance who issues bank guarantees and under what conditions. An intermediary at any level turns to the bank for help, since only institutions registered with the Ministry of Finance have the right to issue guarantees. The right to issue relevant documents is also reserved for insurance companies.

Today, more than 300 banks in the Russian Federation are authorized to issue financial statements, and the list is expanding. More often, clients turn to large banks: Sberbank, VTB, Otkritie. Small financial institutions offer agreements on more favorable terms.

Bank commission and factors influencing the cost of a bank guarantee

Bank commissions and factors influencing the cost of a bank guarantee vary depending on financial institutions and in the time period. The size of the government contract, the presence of collateral, the reliability of the borrower - everything is taken into account when compiling the price of the guarantee. The bank commission is 1.5-5% of the size of the bank account.

The rate if there is collateral in the form of property will be 2.5% of the amount of the guarantee, but not less than 10,000 rubles. With a deposit, the client can count on 1.5%. In the absence of collateral and the ability to open a deposit, the bank provides a rate of 4%.

Documents for obtaining a bank guarantee

When contacting a bank or broker directly, you must collect information yourself. The application, questionnaire, analytical tables are compiled at the bank branch. It is also necessary to prepare constituent documents to obtain a bank guarantee.

The following must be provided: accounting records, tender documentation, a copy of the contract, a draft text of the guarantee, statements of current accounts for the last 6 months. The bank requests copies of passports of the persons responsible for signing the agreement. Banks have the right to require additional certificates.

Advice from Sravni.ru: When concluding a bank guarantee agreement, it is worth consulting with specialists who can check the terms of the guarantee.


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