Bank guarantee for the enforcement of the contract: a sample, posting, expiration date. Sberbank: bank guarantees to enforce the contract

Banking is a guarantee of fulfillment of obligations in government contracts. The procedure for its submission and all the nuances of use are described in Federal Law No. 44 "On the Contract System in the Sphere of Procurement for the Purposes of Municipal Needs".

When collateral is not required

There are cases when a bank guarantee is not provided. For example, if a document is signed between state organizations (even if the papers indicate otherwise). A bank guarantee for the enforcement of a contract does not apply if the subject of the transaction is the execution of a loan. The law provides that the customer can independently refuse to provide or as the latter use other work. This applies to one-time deliveries worth not more than 100 thousand rubles, the acquisition of cultural values, the purchase of military equipment that have no analogues in Russia.

Also, no guarantee is required in such cases:

• If the transaction participant is an IP or a social organization;

• The project specifies the conditions for bank escort;

• Advance payments are transferred to the account of the territorial body of the treasury;

• The amount of advance payment is 70% of the cost of delivery, and the balance is paid after the performance of services.

If the contract provides for the enforcement of the contract, the terms of the bank guarantee should be clearly spelled out in the document.

Requisites

A bank guarantee for the enforcement of a VTB contract must necessarily contain such items:

• Type (return of advance, performance of obligations, etc.);

• Requisites of the beneficiary;

• Data of the contract to which the security is issued;

• Format of guarantee (written, electronic);

• Form (banking, proposed by the beneficiary);

• Amount;

• Currency;

• The term of the bank guarantee for the enforcement of the contract.

It is necessary to describe in detail the order of mutual settlements. The guarantee is granted for a fee that is set in a percentage or a firm amount. The parties decide how it will be paid: at a time, on schedule, before issuance, until a certain date. Sometimes banks require a pledge in the form of real estate or surety.

Kinds

Ensuring the execution of a state contract is a bank guarantee that can be provided for participation in a tender or for the protection of the interests of customers by the winner of the bidding. Sometimes the document is drawn up and for the listed advance payment. So the customer tries to protect himself from unscrupulous performers. The customs guarantee is used in conditions of the regime of temporary import of goods into the territory of another country.

Options

There are two types of providing state contracts:

1. Provision of a guarantee.

2. Transfer of money to the account of the customer.

The performer independently chooses for himself any of the options. The ability to use the bank guarantee in part, and the remainder to cover money is not available. The document is signed with only one credit institution, for the entire amount of the delivery.

Scope

Bank guarantee for contract enforcement Is given in the amount of 5-30% of the maximum price, which is indicated in the notice. If the value of the contract exceeds 50 million rubles, this figure increases to 10-30%. The amount of collateral must exceed the advance payment amount, if the latter is less than 30%. So the customer insures the risk of non-return of funds, if the contractor refuses his obligations.

Very often, the performer significantly understates the minimum price of the transaction in order to attract customers. In such cases, anti-dumping measures take effect . If the value of the contract is understated by a quarter or does not exceed 15 million rubles, then either the customer provides information characterizing it as a bona fide participant in the transaction, or there must be a bank guarantee to enforce the contract, a sample of which will be presented below. In the second case, the contractor will have to insure risks 1.5 times the original.

Provision in the form of cash

The transfer of the advance is a more reliable way of confirming the intentions of the parties. There is no need to study banking standards, the risk that documents will not be accepted. As a security, you can also use credit funds.

The money must arrive at the agreed time in the project, otherwise the contract will not be concluded. In the document itself, you must specify the date the security is returned. Most often this is the next day after the signing of the act of work performed.

Features

A bank guarantee for the enforcement of a contract can be issued not by any credit institution, but only that which is included in the list of financial institutions whose guarantees are taken into account for the purposes of the NU. It is presented on the website of the Ministry of Finance and the Central Bank of Russia. A credit institution must meet the following requirements:

1. Have a license of the CBR.

2. Carry out banking for at least five years.

3. Have own funds in the amount of at least 1 billion rubles.

A little more than 300 banks corresponded to these requirements at the beginning of 2015.

Requirements

• The document must contain a clear statement of obligations, the amount of the transaction. In the event of a delay in settlement, the Bank undertakes to pay a penalty of 0.1% per day.

• The guarantee must be irrevocable, that is, one that can not be withdrawn by the bank under any circumstances.

• The date of crediting is considered to be the moment of performance of obligations.

• Enforcement of the contract is a bank guarantee. The validity period must be at least 30 days longer than the validity period of the main contract.

• The law allows the customer in cases of delay in payment for 5 days to make a write-off.

The decision on the compliance of the guarantee with all the requirements of the customer must be made within 3 days. If the security does not meet the conditions, it is necessary to provide the executor with a written refusal indicating the reason. There can be several:

1. A bank guarantee for the enforcement of a contract is not registered in the register of the Federal Treasury.

2. The document was signed by the financial institution, which is not on the list of the Ministry of Finance.

3. The contract does not comply with the requirements of Federal Law No. 44.

Commission

The algorithm for signing the securities is similar to the process of issuing a loan. The decision is made on the basis of the analysis of the documents of the potential bidder. In practice, this process takes at least 2 weeks. Sberbank bank guarantees for the execution of the contract for each client individually, subject to government restrictions. In practice, the maximum amount does not exceed 25% of the value of the contract. Like a loan, Sberbank provides bank guarantees to ensure the performance of the contract, not for free, but for a certain fee. The amount of commission depends on the amount of funds, terms, availability of collateral.

Benefits

Bank guarantee - as a security for the performance of the contract - allows the customer to reduce the risks of poor performance. The executor can enter the market of state orders and large corporations. The application of the guarantee does not divert money from circulation, direct them to finance current activities or cover costs. If you place temporarily available funds for a deposit, the interest income will exceed the amount of the commission paid for the guarantee. A credit institution from such transactions receives additional income. At the same time, it assumes responsibility for the principal's debts.

Bank guarantee for the enforcement of the contract: a sample

The branch of the JSC (guarantor) represented by the director Petrov II, who acts on the basis of the power of attorney No. AA75, informs: he knows that the CJSC (principal) was declared the winner of the auction for the right to conclude a contract for the construction of a road running LLC (the beneficiary) Which results in a contract.

The guarantor ensures the fulfillment of the obligations by the principal.

The document comes into force from the moment of its signing.

The Guarantor undertakes to pay to the beneficiary funds in an amount not exceeding 400,000 (four hundred thousand) rubles, within 3 (three) business days from the receipt of the demand containing:

• Notice of violation of the deadline by the principal;
• Description of obligations.

The application must be accompanied by the following documents:

• A certified copy of the contract;
• Claim for default;
• Copies of the documents that confirm the authority of the signatories.

The claim must be presented during the warranty period to the address: Belgorod, ul. Road 1.

The liability of the guarantor is limited to the payment of the amount for which this document is signed, and is reduced by the amount of funds paid to the beneficiary.

The document is made in a single copy and is valid until 31.12.2015.

Bank guarantee for the performance of the contract: posting

When the beneficiary receives funds, he takes them into account in the BU on account 51 "Accounts with the bank" and 76 "Settlements with creditors". Indebtedness of the principal is indicated depending on the type of obligations: on account 58-3 "Loans", 62 "Settlements with buyers", 58 "Finvlozheniya." The beneficiary must recognize the money that was received as payment for the state order, the proceeds from the sale. How does the bank guarantee a bank guarantee for the enforcement of the contract? The postings are presented in the table below.

That, in fact, is all that is worth paying attention to when drafting bank guarantees.