What is the peculiarity of issuing a letter of guarantee. Legal meaning and preparation of a letter of guarantee on the fulfillment of obligations under the contract: sample. Features of writing a letter of guarantee in compliance with all the necessary requirements

What is a letter of guarantee and how to write it: a letter of guarantee, a sample of payment, to the address, for the delivery of goods. Varieties of letters of guarantee.

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It is no secret that in the era of commodity-money relations, it was required, and is still required to this day, a guarantee that each of the parties will fulfill its obligations under the transaction. One of the documents with which you can guarantee something (in fact, promise) is a letter of guarantee.

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 name of the document itself, it follows that a letter of guarantee is a written way of confirming obligations or fulfilling certain conditions at the required time and in the required volume. This additional confirmation is used when conventional agreements 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.

What guarantees does it contain

The letter contains guarantees that the product or service will be paid for within a certain period specified in the document.

Who should compose

The letter is drawn up by the customer or the buyer. Most often, a commercial firm or organization acts as a buyer. Further, the document is signed by the head of the customer's enterprise and the accountant, after which it is sent to the seller (supplier).

Letter of guarantee instead of a contract

In fact, drawing up a letter of guarantee is an alternative to concluding an agreement, 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

The 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.

Important

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 during the indicated periods for response actions, if other conditions are not spelled out in the text itself or does not 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, which is 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 agreement - acceptance, that is, the intention to accept the 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.

Fact

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 specified;
  • 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.

Letter of guarantee form

The form of a letter of guarantee, which is drawn up on behalf of a legal entity, must contain all its details (full and abbreviated name, TIN, OGRN, address, telephone).

If the document is drawn up on behalf of an individual, then the order of writing is arbitrary.

The letter is written in simple writing either on the official letterhead of a legal entity or on plain paper by an individual.

Depending on the specific situation, the guaranteeing party must write the timeframe and, if necessary, the methods for fulfilling its obligation.

Of course, a letter of guarantee is not a binding document, since it is not of a regulatory nature. However, when drawing up it, the parties hope for the decency and diligence of the debtor. That is, this relationship is based on trust.

Specific types of letters of guarantee

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

  1. A letter of guarantee confirming payment obligations. Funds recognized under a letter of guarantee can be intended as payment for goods, the provision of services, the performance of a particular job, or to pay off a 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.
  2. A letter of guarantee confirming obligations for the work, product or service. 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.). A similar 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.
  3. A letter of guarantee confirming the intention of the landlord. This refers to the guarantee of the 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 him with such services.
  4. A 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 general director 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.

Debts

By completing this document, you guarantee the fulfillment in the future of your obligations to pay the debt. To the points listed above, you must add the amount of debt (indicated in words and numbers), the schedule for its repayment, the number and date of the agreement under which the debt arose.

You can use the sample deferred payment letter of guarantee to reschedule your obligations or agree on debt restructuring. In such a document, you must indicate the exact period for which the debtor asks to postpone payments, as well as the conditions of liability for its violation.

To the tax

This document is required when registering legal entities. Tax inspectors often require applicants to provide a letter of guarantee from the prospective landlord. Thus, the FTS checks the address of the organization being created.

In the letter, it is important to indicate the owner's intention to conclude with the registered organization a lease agreement for non-residential premises located at a specific address. It is also worth registering the details of the title documents for the premises.

To pay for the rented premises

In order for the owner of the leased object to have no doubts about the timely settlement of payments, it is necessary to fill out and submit a sample of a letter of guarantee for payment of the lease. This document indicates a link to the concluded agreement, or the potential tenant will guarantee the timely payment at the conclusion of the agreement.

A sample letter of guarantee for the payment of the premises will also be needed in case of arrears in monthly payments. It is important to carefully spell out the guarantees provided to the owner of the object, since for late payment of the lease, the contract can be terminated unilaterally.

For work

This document is provided to the customer by the contractor before the conclusion of the contract. It specifies specific types of work or services that the contractor undertakes to perform within a certain period. In practice, a bank guarantee is also presented to confirm the good faith of the contractor.

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).

Letter of guarantee to the FSS on the payment of benefits

The addressee is the manager of the local branch of the Social Insurance Fund. At the beginning, the data of the LLC or individual entrepreneur must be given: name, registration and TIN numbers, legal address. The paper indicates the clerical number with the date of writing.

In the main part, it is guaranteed that the benefits accrued for a certain period of time will be paid in full within the legal period. It also declares its readiness to accept the liability provided for by law in the event of a breach of obligations.

The text is signed by those responsible for social insurance - the head of the company and the chief accountant.

Purchased item

A sample letter of guarantee for payment of an invoice is required if the date of receipt of the product does not coincide with the time of transfer of funds. In such a letter, it is important to indicate the amount of payment and the name of the goods, the details of the seller. In some situations, it is possible to prescribe liability for violation of an obligation.

What wording to use when preparing a letter of guarantee

In order to formulate the essence of the assurance as correctly as possible, it is necessary to know which formulations will most clearly reflect it.

Download a sample letter of guarantee on payment of debt in MS Word format.

The most appropriate words and expressions will be:

  • We guarantee.
  • We undertake to pay the amount of the debt.
  • We confirm payment on time.
  • Please send to our address by cash on delivery (type of guarantee).
  • We guarantee timely payment.
  • We hereby give a guarantee.

Sample letter of guarantee for construction and installation work

When performing a work contract, the guarantees provided by both parties to the contract to each other largely depend on external factors, each of which must be taken into account in the letter in order to avoid assuming unnecessary responsibility.

As a rule, an agreement for the provision of construction services is a long-term document that implies various stages of work and payments for them, as well as the execution of accompanying documentation and the delivery of the object to the state commission, followed by a 5-year guarantee for the services performed. Thus, the document takes into account many nuances, and the letter of guarantee is drawn up as an additional official paper, taking into account the following circumstances:

  • If the deadlines were violated, the circumstances under which this happened, and the exact date of completion of these works are prescribed.
  • When the fulfillment of warranty obligations depends on the provision of the contractor with any resources, powers, project documentation, letters of agreement or other significant things, he must clearly indicate this by defining the completion date in the number of days after the receipt of the specified data.
  • In the event that the customer doubts the quality of the work, the contractor guarantees compliance with SNiP and other standards, as well as, if necessary, calling the laboratory or providing other control with subsequent documentary confirmation.
  • In situations where the investor has a delay in payment, and this greatly affects the timing of the work, the customer gives guarantees for payment of services with a deadline or offers to act as a guarantor when registering a credit line for his work contractor.
  • The result of this letter should be the final commissioning of the premises for the possibility of its use by the owners for its intended purpose, as well as the receipt of all the sums of money stipulated in the contract.

Important

All guarantees regarding the performance of construction work must be substantiated by real facts, since repeated failure to meet the deadlines may lead to the termination of the contract.

Sample letter of guarantee on the fulfillment of obligations under the contract

If the parties conclude a contract, but one of them has doubts that the opponent will be able to provide the goods, perform the service or make payment in the required amount and on time, then she has the right to demand a letter of guarantee from her counterparty.

In the event that obligations were violated, it is necessary to briefly indicate the reason for this oversight, which does not depend on the actions of the defendant, and also apologize in connection with this fact.

  • Indicate any additional conditions and benefits for the customer or supplier, in particular discounts, bonuses, gifts, additional shipments and other pleasant circumstances that can make amends for the party to the contract and the possibility of further cooperation with the counterparty.
  • It is imperative to fix the deadlines for the fulfillment of obligations and the completeness of this action. That is, all funds will be credited to your account before (specify the date) in the amount specified in the signed agreement.

Important

If this letter was preceded by any violations of agreements, it should be indicated in the text that such a fact was an isolated one and subsequently the defendant will make every effort to avoid repetition.

In the event that a guarantee is given for payment for a product or service, it is necessary to prescribe the amount in figures or in words, the method of transfer, the stages of payments made and other mandatory conditions for fulfilling financial obligations under the contract.

Sample letter of guarantee for no debt

The requirement to provide it is a common thing in banks when opening an account. The guarantee is also drawn up in the tax service when registering an enterprise in a new region or transferring to a new status.

The referent prescribes his name, OGRN, TIN and legal address. Actually, the guarantee can be formulated as follows:

Who is responsible for the fulfillment of obligations under the contract

The sender of the letter is responsible for the implementation of guarantees, that is, the contractor, who undertakes to fulfill his part of the agreement with high quality and within the time frame specified in the document.

A letter of guarantee with the prescribed performance of obligations does not replace the contract. However, when properly drafted, it can help resolve disputes when they arise.

How to serve a letter of guarantee

Corresponding correspondence can be sent to the addressee in several ways:


The most preferable options are the first or the second, since the sender still has supporting documents in his hands. The rest are possible by agreement of the parties (for example, if e-mail addresses are indicated in the agreement between the parties).

Additional questions

Is there liability for default

The letter of guarantee documents the seriousness of the buyer's intentions and expresses his willingness to pay on time. It is possible to hold the customer accountable for failure to fulfill the prescribed obligations (in case of non-payment), it is possible only in court, and in accordance with the previously prescribed fines.

Summarizing the above, we can conclude that although the letter is not a 100% guarantee that the buyer will pay the cost of the goods, it is a serious document if the issue is resolved in court.

What mistakes are made when compiling

Since we are dealing with such paper as, for example, a sample of a letter of guarantee for payment, it would be inappropriate to use informal words (slang, vernacular) here. It is also not worth describing in detail the events that led to the impossibility of transferring money on time. You can indicate their very essence, or even omit this point. Warranty obligations must be written accurately, indicating the amount and the date of its transfer.

All information in the text must be unambiguous for understanding (without ambiguous phrases) in order to prevent possible disputes.

Finally, it is advisable to receive notification of receipt of the document from the lender. This will eliminate the loss of papers along the way.

Conclusion

A letter of guarantee does not replace the conclusion of an agreement between the customer and the performer of the work or service. But this document can help in resolving disputes between the parties. Its timely conclusion and the fulfillment of the obligations specified in the document allows you to avoid litigation in the event of unforeseen circumstances in the contractor-customer relationship.

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Nowadays, in the modern business world between partners (organizations, individual entrepreneurs, individuals) business relationships are built based on commodity-money exchange. To streamline these relationships, there is business correspondence, one of these forms is letters of guarantee.

At its core, a letter of guarantee is a document confirming the fulfillment of obligations undertaken in the future, such as: payment of debt, performance of work, provision of services, delivery of goods, etc. debt at a certain time.

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The guarantee is often used in a claim (pre-trial) dispute resolution procedure. When a debt has formed and there are grounds for filing a claim in court, but with the help of a guarantee, there is a so-called deferral of payment until a certain period. This tool is enshrined in Articles 619, 715, 723, 480 of the Civil Code of the Russian Federation, which give the debtor an additional period to eliminate violations of the terms of the contract (for example, the terms of payment).

So in what cases is it worth writing a letter of guarantee? This issue is resolved by agreement of the parties. One of the parties without fail has the right to demand to provide them with a guarantee obligation (for example, when the delivery of goods is carried out on credit or not on a prepayment basis).

In most cases, guarantees are still drawn up in case of violation of the deadlines for the fulfillment of monetary obligations, when the defaulter, trying to avoid litigation, sends this document to his creditor. Also, in frequent cases, the specified guarantee is written in response to a claim for debt repayment.

For example, the supplier sends a claim to the buyer with the requirement to pay the amount of debt for the delivered goods, indicating that the debtor has not fulfilled his obligations within the terms specified in the contract.

The current Russian legislation does not provide for generally binding requirements for the compilation and essence of a letter of guarantee; nevertheless, they are of a legal nature.

However, every business person should be able to correctly and professionally draw up these letters.

In this article, it is supposed to consider the features and rules for the preparation (registration) of a guarantee for payment of debt.

Primary requirements

When drawing up this guarantee, you need to approach the drafting of its text with full responsibility and seriousness. Its content should be clear and understandable, business language, without slang and slang expressions. When specifying the time frame during which the obligations will be paid off, you need to be aware of your material capabilities. Indeed, if the guarantee is not fulfilled, you may incur losses in the form of legal costs, pennies, fines.

The text of letters of guarantee must contain the following details:

  1. The name of the organization, full name of the person - the sender.
  2. Sender's details (INN, KPP).
  3. Legally and actual address of the sender.
  4. The name of the organization, full name of the person to whom it is addressed - the recipient of the letter.
  5. An indication of the type of circumstances or a statement of the entire essence of the guarantees provided to the addressee, the timing of the execution, the amount of debt (indicated in words and numbers), the schedule of debt repayment, the number and date of the contract under which the debt arose.
  6. The official seal of the sending company. In the event that the compiler of the letter does not have a seal (an individual or an individual entrepreneur), only his signature is sufficient.
  7. Signature of the management and the chief accountant.
  8. The date the document was compiled.

When writing a letter, the wording "letter of guarantee" should not fundamentally appear in the text.

It will also be useful (and, moreover, it will inspire confidence on the part of the lender) if the letter specifies penalties for failure to fulfill obligations within the agreed period.

What wording to use when preparing a letter of guarantee

In order to formulate the essence of the assurance as correctly as possible, it is necessary to know which formulations will most clearly reflect it.

The most appropriate words and expressions will be:

  • We guarantee.
  • We undertake to pay the amount of the debt.
  • We confirm payment on time.
  • Please send to our address by cash on delivery ( type of guarantee).
  • We guarantee timely payment.
  • We hereby give a guarantee.

Sample statements

Sample letter of guarantee for payment of debt

LETTER OF GUARANTEE

By this letter we undertake to pay off, by June 15, 2016, the existing debt under the contract for the supply of non-food products No. 132 / TK dated January 20, 2016 for payment for the delivered goods in the amount of 123 466 (one hundred twenty three thousand four hundred sixty six) rubles, taking into account VAT. Payment will be made in equal monthly installments:

  • before 15.04.2016 - 41 155 rubles.
  • before May 14, 2016 - RUB 41,155
  • before June 15, 2016 - 41,156 rubles.

General Director __________________ / A.N. Ivanov /

Sample No. 2

LETTER OF PAYMENT OF DEBT

Due to the difficult financial situation at the enterprise due to the delay in financing from the customer, at present an unforeseen debt has formed before your organization under subcontract agreement No. 567/2015 dated November 17, 2015 in the amount of 670,000 (six hundred seventy thousand) rubles. In turn, we guarantee that the debt is repaid in full by December 30, 2016.

In case of non-payment in due time, interest will be paid at the rate of 1% of the amount of overdue obligations, for each day of delay.

Director _______________ V. L. Sobolev

Chief Accountant _______________ I. V. Pisareva

Sample No. 3

On May 10, 2014, a lease agreement for non-residential premises No. 678-56 was concluded between our organization and you. Indeed, according to the reconciliation act of June 30, 2015, our organization has arrears in payment of rent and utilities for June and July 2015 in the amount of 60,000 rubles. In turn, we apologize for the improper fulfillment of our obligations (due to the blocking of the current account by the tax service) and guarantee to pay off all the resulting debt in full by 30.09.2015. We also guarantee in the future not to violate the terms of the contract concluded between us.

Director ______________ / V.I. Ivanov /

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  • A letter of guarantee or a business letter is not a simple document, it is a confirmation of the fulfillment of any actions and even compliance with the conditions set. In it, you can fix the deadline for the performance of work, a guarantee of the quality of the service provided, the fact of remuneration or cash payment. To correctly draw up a letter of guarantee, you should rely on existing design samples and forms.

    Note: For a printed version, click on the image, then click on the preview and configure the appropriate print option.

    Sample filling and form of a letter of guarantee for payment of debt and payment for the purchased goods or products

    Consider the form of a letter of guarantee for payment of debt and several examples of filling it out. It is advisable that you draw up a document on a special letterhead of the organization, as well as that there is a seal and signatures of the main persons of the company.

    Designed samples:

    A business letter for payment for purchased goods or products looks like this:


    Sample filling and form of a letter of guarantee for the performance of work

    The document must contain a clause indicating the performance of work, as well as the deadline for fulfilling obligations to the organization.
    Letter form:

    Sample filling and form of a letter of guarantee for the supply of goods from the manufacturer

    Often organizations independently put forward requirements for an application for receiving goods. However, there is also a standard form:

    Example of a letter for the delivery of goods:

    Sample filling and form of a letter of guarantee for employment or from an employer

    A letter of guarantee for employment is a secondary document. It contains information that your candidacy has been considered for a specific position. In addition, your salary can be written. Some employers dispense with this document and simply prepare a job order. Here are some examples of a job guarantee letter:

    Most often, letters of guarantee are required by foreign citizens. They need a certified document to prove that the organization can employ them and provide the conditions for the employee to work.

    Sample filling and form of a letter of guarantee for hiring

    This document differs from the previous one in that it must contain information about your admission to the organization - the exact date. Also, the employer is obliged to record your wages, employment contract number and order number in it. Here is a form of a letter of guarantee for hiring and an example of filling out a sample:

    Sample filling and form of a letter of guarantee for inviting a foreigner

    Sample filling and form of a letter of guarantee for practice and training

    Examples of letters from an individual will also be filled out using this form. There are no other forms of letters of guarantee to the bank. Documents are drawn up, depending on their function. For example, a business letter may be a guarantee of payment of a debt on a loan or a request to change personal information.

    Sample filling and form of a letter of guarantee for repair

    Sample filling and form of a letter of guarantee for equipment


    A letter of guarantee is a business official document that is addressed from one party to another in a partnership. The text of the letter most often contains the intentions of one of the participants to fulfill their obligations to the partner.

    In what cases is a letter of guarantee drawn up?

    Letter of guarantee for the performance of work

    This type of guarantee is intended to confirm that the work under the contract between the parties will be performed. The executor draws up such a letter and provides it to the customer upon signing the contract. The form of the letter differs from similar guarantee documents in content. It sets out the essence of the obligations, and they must comply with the provisions of the treaty:

    1. Outgoing document number and compilation date.
    2. The name of the recipient.
    3. Title.
    4. Content: a list of works that the contractor undertakes to perform, deadlines, a link to the contract between the parties.
    5. Information about the employer: requisites of the enterprise, address, contacts.

    If the obligations given by one of the parties are not fulfilled, and the other party goes to court with a claim, the letter of guarantee will also be considered as indirect evidence of the fact that there are unfulfilled obligations.

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