What is and where can I find a register of bank guarantees? Checking the bank guarantee: rely on the broker, but don’t make a mistake yourself! Register of bank guarantees under Federal Law 44.
This article is for customers and suppliers - the bank guarantee must be checked by both. Expert Dmitry Chernov comments on how to calculate a fake BG, at what point to “ring the alarm” and how to protect yourself from ugly gray brokers.
Checking a bank guarantee
Four mandatory conditions for compliance with a bank guarantee:
- The bank that issued the bank guarantee is included in the list of banks approved by the Russian Ministry of Finance (check on the Ministry of Finance website).
- Information about the bank guarantee is contained in the register of bank guarantees, which is posted on www.zakupki.gov.ru. Comments Dmitry Chernov, General Director of Fintorg Center for Financial Services LLC, presenter of the webinar about bank guarantees:
“Within one working day after issuing a bank guarantee, the bank is obliged to post it on the website www.zakupki.gov.ru. This is stated in paragraph 11 of Article 45 of Law 44-FZ. If the bank has not done this, there is reason to think very hard and sound the alarm bell - whether you were provided with a good quality bank guarantee. All the bank’s excuses are a reason to start getting nervous. True, there are exceptions and force majeure, for example, when a procurement site crashes due to a large number of requests to it.” - The provided guarantee does not contain a condition that the customer must provide the bank with copies of judicial acts confirming the failure to fulfill the obligations that are secured by the guarantee.
- The bank guarantee contains a condition of irrevocability, information about the amount of the guarantee, as well as other mandatory conditions and information provided for in Parts 2, 3 of Art. 45 No. 44-FZ.
Not all requirements have been met? - the customer must reject the guarantee and inform the participant about this within three working days.
Question: Is the customer obliged to check the bank guarantee provided by the winner of the open tender with whom the contract is concluded to see if it is in the register of bank guarantees?
Answer: Law No. 44-FZ does not require the customer to check the availability of a bank guarantee in the relevant register. But the customer must consider the supplier’s bank guarantee and accept or refuse to accept the bank guarantee on the grounds specified in Law No. 44 Federal Law. Consequently, the customer is obliged to check the bank guarantee provided by the winner of the open tender with whom the contract is concluded for its presence in the register of bank guarantees.
Requirements for a guarantor bank
To be included in the list, a bank must meet the following requirements (clause 3 of Article 74.1 of the Tax Code of the Russian Federation):
- the bank has a license to carry out banking operations, issued by the Bank of Russia, and to carry out banking activities for at least five years. At the same time, revocation of the license of the bank that issued the guarantee does not mean its automatic cancellation. However, after the bank’s license is revoked, the guarantee previously issued by it becomes a useless tool for the organization, which it is unlikely to be able to use;
- the bank has its own funds (capital) in the amount of at least 1 billion rubles;
- mandatory standards stipulated by Federal Law No. 86-FZ dated July 10, 2002 were observed for all reporting dates over the last six months;
- There are no requirements from the Bank of Russia to implement measures for the financial rehabilitation of the bank.
A way to identify banks that issue low-quality bank guarantees:
- We go to the bank guarantee register on the website www.zakupki.gov.ru.
- On the left side of the search, click “bank guarantee refused”.
- We set a period of one and a half to two months and get the number of bank guarantees that were rejected during this period.
- We look and highlight 1st, 2nd, 3rd place in terms of the number of rejected bank guarantees. If the 1st, 2nd, 3rd place is occupied by the bank where you are ready to take a bank guarantee, then this is a reason to think about it and especially carefully check the text of this bank guarantee.
How to recover from a bank under a gray bank guarantee? As a rule, no way. Complain to the Central Bank.
What liability is provided for a “false” bank guarantee for the supplier?
Depends on the customer:
- Replacement of bank guarantee within 10 days.
- Refusal to conclude a contract with inclusion in the register of unscrupulous suppliers (RNP).
- Unilateral termination of the contract with inclusion in the register of unscrupulous suppliers (RNP).
- Termination of the contract by agreement of the parties and conclusion of the contract with the auction participant whose proposal for the contract price is second after the winner.
- Initiation of a case under Art. 159 of the Criminal Code of the Russian Federation “Fraud”.
The customer requires the supplier to be placed in the RNP. Can this be avoided?
Yes, you can try. Firstly, it is good to prepare for the FAS meeting, at which the issue of placing a supplier in the RNP will be considered. Secondly, take part in the meeting and provide an explanation with as many documents as possible about why such a disaster occurred. If you received a low-quality bank guarantee due to the fault of the broker, then provide a piece of paper that you have already contacted the police on this issue.
The bank guarantee is not in the register. What to do?
Let’s say that the winner of an electronic auction provided a bank guarantee that was not included in the register of bank guarantees as security for the execution of the contract. In this situation, the participant is considered to have evaded concluding the contract.
Customer actions:
- inform the procurement participant about the refusal to accept the bank guarantee by sending a notification;
- draw up a protocol on the evasion of the winner of the electronic auction from concluding a contract;
- draw up a protocol on refusal to conclude a contract;
- place the protocol in the EIS;
- send protocols to the auction winner who evaded concluding a contract.
"" - an online course for contract managers, contract service specialists and purchasing commissions. An additional professional development program was developed based on the requirements of the professional standard “Procurement Specialist”.
15.04.2019
Now the register of bank guarantees is located at the link http://zakupki.gov.ru/epz/bankguarantee/extendedsearch/search.html
Until July 1, 2018, anyone could check the authenticity of the BG at the place where the state order is placed - on the EIS website, in the corresponding register. From July 1, in accordance with Part 8.1 of Article 45 of 44-FZ and clause 3 of the Rules approved by Government Decree No. 1005 dated 08.11.13, information on issued bank guarantees that are provided as security for applications and security for contract execution are not posted on the official website of the United information system.
In addition, information on bank guarantees contained in the Republic of Kazakhstan (unique number of the register entry of the bank guarantee, information on the return by the customer of the bank guarantee to the guarantor or on the notification sent by the customer to the guarantor about the release of the obligation under the bank guarantee, or other information) is in the Register of agreements on carrying out major repairs (unique number of the register entry of the bank guarantee) and subject to inclusion in the RBG, from 07/01/2018 is also not subject to placement on the state order portal - the official website of the EIS, in its open part.
Now information about bank guarantees is not published in the open part of the UIS. But it is in a closed section of the website where government orders are placed.
And customers can check the bank guarantee in their Personal Account on the information system website, and procurement participants, in accordance with Part 8.1 of Article 45 of 44-FZ, must receive from the bank that issued the bank guarantee for them an extract from the register of bank guarantees. The bank is obliged to do this within one business day after including information about the issued guarantee in the register.
From June 1, 2018, bank guarantees can be issued only by financial institutions that meet the requirements established by Russian Government Decree No. 440 dated April 12, 2018. These are the following requirements:
The bank must have its own funds in the amount of 300 million rubles and a rating of at least BB- (RU) on the national rating scale of the rating agency ACRA - Analytical Credit Rating Agency, and a credit rating of at least RuBB- on the national rating scale of the Expert RA agency.
These requirements were established until January 1, 2020, and can be found on the Ministry of Finance website. At the beginning of August, there were 184 banks on this list.
Update from 03/28/2019
| No. | Name of the bank | Reg. No. |
|---|---|---|
| 1 | JSC UniCredit Bank | 1 |
| 2 | PJSC "Energomashbank" | 52 |
| 3 | Bank "Alexandrovsky" | 53 |
| 4 | LLC KB "RING OF URAL" | 65 |
| 5 | JSCB "Energobank" (PJSC) | 67 |
| 6 | SEA BANK (JSC) | 77 |
| 7 | JSC "BCS Bank" | 101 |
| 8 | JSC JSCB "CentroCredit" | 121 |
| 9 | JSC "RN Bank" | 170 |
| 10 | Prio-Vneshtorgbank (PJSC) | 212 |
| 11 | PJSC JSCB "Ural FD" | 249 |
| 12 | JSC KB "Khlynov" | 254 |
| 13 | LLC "HKF Bank" | 316 |
| 14 | JSC "AB "RUSSIA" | 328 |
| 15 | Bank GPB (JSC) | 354 |
| 16 | LLC Bank "Avers" | 415 |
| 17 | PJSC "Best Efforts Bank" | 435 |
| 18 | PJSC "Bank" Saint-Petersburg" | 436 |
| 19 | JSC "Kubantorgbank" | 478 |
| 20 | JSC "TATSOTSBANK" | 480 |
| 21 | PJSC "CHELINDBANK" | 485 |
| 22 | PJSC "CHELYABINVESTBANK" | 493 |
| 23 | JSC Bank "Venets" | 524 |
| 24 | JSC "Bank Acceptance" | 567 |
| 25 | JSC BANK "SNGB" | 588 |
| 26 | AB "ASPEKT" (JSC) | 608 |
| 27 | PJSC Bank "Kuznetsky" | 609 |
| 28 | JSCB "Izhkombank" (PJSC) | 646 |
| 29 | PJSC "NIKO-BANK" | 702 |
| 30 | PJSC "SKB-bank" | 705 |
| 31 | LLC KBER "Bank of Kazan" | 708 |
| 32 | JSC CB "Association" | 732 |
| 33 | PJSC "Kurskprombank" | 735 |
| 34 | JSC UKB "Belgorodsotsbank" | 760 |
| 35 | LLC KB "Ketovsky" | 842 |
| 36 | PJSC "Far Eastern Bank" | 843 |
| 37 | Bank Perm (JSC) | 875 |
| 38 | PJSC "Norvik Bank" | 902 |
| 39 | JSC "VLADBUSINESSBANK" | 903 |
| 40 | PJSC "Zapsibkombank" | 918 |
| 41 | PJSC "Sovcombank" | 963 |
| 42 | JSC "PERVURALSBANK" | 965 |
| 43 | PJSC "Eurasian Bank" | 969 |
| 44 | VTB Bank (PJSC) | 1000 |
| 45 | LLC "Khakassian Municipal Bank" | 1049 |
| 46 | "MIT-Bank" (JSC) | 1052 |
| 47 | JSC "BaikalInvestBank" | 1067 |
| 48 | "Brotherly ANKB" JSC | 1144 |
| 49 | PJSC Stavropolpromstroybank | 1288 |
| 50 | CB "ENERGOTRANSBANK" (JSC) | 1307 |
| 51 | JSC "Bank "TCPB" | 1312 |
| 52 | JSC "ALFA-BANK" | 1326 |
| 53 | JSC "Solid Bank" | 1329 |
| 54 | Bank "Levoberezhny" (PJSC) | 1343 |
| 55 | RNKB Bank (PJSC) | 1354 |
| 56 | LLC Bank "Elite" | 1399 |
| 57 | BANK "MNHB" PJSC | 1411 |
| 58 | Bank "Vozrozhdenie" (PJSC) | 1439 |
| 59 | PJSC KB "Vostochny" | 1460 |
| 60 | PJSC JSCB "Svyaz-Bank" | 1470 |
| 61 | PJSC Sberbank | 1481 |
| 62 | PJSC "RosDorBank" | 1573 |
| 63 | "SDM-Bank" (PJSC) | 1637 |
| 64 | Credit Agricole CIB JSC | 1680 |
| 65 | PJSC "BystroBank" | 1745 |
| 66 | JSCSB "KS BANK" (PJSC) | 1752 |
| 67 | Asian-Pacific Bank (PJSC) | 1810 |
| 68 | LLC "Rusfinance Bank" | 1792 |
| 69 | LLC "Inbank" | 1829 |
| 70 | JSCB "FORA-BANK" (JSC) | 1885 |
| 71 | JSCB "Lanta-Bank" (JSC) | 1920 |
| 72 | JSC CB "Modulbank" | 1927 |
| 73 | MIB "DALENA" LLC | 1948 |
| 74 | PJSC "NBD-Bank" | 1966 |
| 75 | PJSC "CREDIT BANK OF MOSCOW" | 1978 |
| 76 | "SIBSOCBANK" LLC | 2015 |
| 77 | PJSC "SAROVBUSINESSBANK" | 2048 |
| 78 | JSC CB "ForBank" | 2063 |
| 79 | JSCB "PERESVET" (PJSC) | 2110 |
| 80 | JSC JSCB "Alef-Bank" | 2119 |
| 81 | JSC "Nefteprombank" | 2156 |
| 82 | JSCB "NRBank" (JSC) | 2170 |
| 83 | JSCB "Forshtadt" (JSC) | 2208 |
| 84 | PJSC Bank "FC Otkritie" | 2209 |
| 85 | JSC "Banca Intesa" | 2216 |
| 86 | PJSC CB "Center-invest" | 2225 |
| 87 | QIWI Bank (JSC) | 2241 |
| 88 | JSC KB "KOSMOS" | 2245 |
| 89 | JSC "People's Bank" | 2249 |
| 90 | JSCB "TENDER-BANK" (JSC) | 2252 |
| 91 | PJSC "MTS-Bank" | 2268 |
| 92 | PJSC ROSBANK | 2272 |
| 93 | "PJSC BANK URALSIB" | 2275 |
| 94 | JSCB "Absolut Bank" (PJSC) | 2306 |
| 95 | Bank SOYUZ (JSC) | 2307 |
| 96 | JSCB "BANK OF CHINA" (JSC) | 2309 |
| 97 | Investment Bank "VESTA" (LLC) | 2368 |
| 98 | JSC "Bank DOM.RF" | 2312 |
| 99 | Bank "ITURUP" (LLC) | 2390 |
| 100 | JSC JSCB "EVROFINANCE MOSNARBANK" | 2402 |
| 101 | JSCB "PROMINVESTBANK" (PJSC) | 2433 |
| 102 | PJSC JSCB "Metallinvestbank" | 2440 |
| 103 | PJSC "METCOMBANK" | 2443 |
| 104 | ING BANK (EURASIA) JSC | 2495 |
| 105 | JSC "Togliattikhimbank" | 2507 |
| 106 | CB "Kuban Credit" LLC | 2518 |
| 107 | JSCB "ACTIVE BANK" (PJSC) | 2529 |
| 108 | JSC KB "Let's go!" | 2534 |
| 109 | JSC JSCB "NOVIKOMBANK" | 2546 |
| 110 | JSC Bank "PSKB" | 2551 |
| 111 | JSC CB "Citibank" | 2557 |
| 112 | "ZIRAAT BANK (MOSCOW)" (JSC) | 2559 |
| 113 | Bank "KUB" (JSC) | 2584 |
| 114 | PJSC "AKIBANK" | 2587 |
| 115 | PJSC "AK BARS" BANK | 2590 |
| 116 | LLC KB "Alba Alliance" | 2593 |
| 117 | JSCB "Almazergienbank" JSC | 2602 |
| 118 | JSC Bank "United Capital" | 2611 |
| 119 | JSC JSCB "INTERNATIONAL FINANCIAL CLUB" | 2618 |
| 120 | CB "J.P. Morgan Bank International" (LLC) | 2629 |
| 121 | JSC "BANK REALIST" | 2646 |
| 122 | LLC CB "Altaicapitalbank" | 2659 |
| 123 | JSC "Tinkoff Bank" | 2673 |
| 124 | CB "LOKO-Bank" (JSC) | 2707 |
| 125 | "Northern People's Bank" (PJSC) | 2721 |
| 126 | PJSC SKB Primorye "Primsotsbank" | 2733 |
| 127 | JSCB "Derzhava" PJSC | 2738 |
| 128 | JSC "NK Bank" | 2755 |
| 129 | JSC "TEMBR-BANK" | 2764 |
| 130 | JSC "OTP Bank" | 2766 |
| 131 | LLC "ATB" Bank | 2776 |
| 132 | JSC MS Bank Rus | 2789 |
| 133 | JSC ROSEXIMBANK | 2790-G |
| 134 | JSC "Bank FINAM" | 2799 |
| 135 | PJSC "BANK SGB" | 2816 |
| 136 | LLC CB "SINCO-BANK" | 2838 |
| 137 | PJSC JSCB "AVANGARD" | 2879 |
| 138 | LLC "Zemsky Bank" | 2900 |
| 139 | "Bank Kremlevsky" LLC | 2905 |
| 140 | LLC CB "ARESBANK" | 2914 |
| 141 | LLC CB "Slavyansky Credit" | 2960 |
| 142 | JSC "GORBANK" | 2982 |
| 143 | CB "STROYLESBANK" (LLC) | 2995 |
| 144 | JSC "Uglemetbank" | 2997 |
| 145 | Expobank LLC | 2998 |
| 146 | PJSC JSCB "Primorye" | 3001 |
| 147 | JSC Bank "Development-Capital" | 3013 |
| 148 | JSC "Nordea Bank" | 3016 |
| 149 | "Republican Credit Alliance" LLC | 3017 |
| 150 | J&T Bank (JSC) | 3061 |
| 151 | PJSC "RGS Bank" | 3073 |
| 152 | JSC JSCB "EXPRESS-VOLGA" | 3085 |
| 153 | JSC "RFK-Bank" | 3099 |
| 154 | JSC "NS Bank" | 3124 |
| 155 | JSC "Bank ZhilFinance" | 3138 |
| 156 | PJSC "Bank "Ekaterinburg" | 3161 |
| 157 | JSC "MOSCOMBANK" | 3172 |
| 158 | LLC CB "VNESHFINBANK" | 3173 |
| 159 | JSC CB "IS Bank" | 3175 |
| 160 | SBI Bank LLC | 3185 |
| 161 | JSC "City Invest Bank" | 3194 |
| 162 | JSC NOKSSBANK | 3202 |
| 163 | JSC "SEB Bank" | 3235 |
| 164 | PJSC BANK "SIAB" | 3245 |
| 165 | JSC BANK "MOSCOW-CITY" | 3247 |
| 166 | PJSC "Promsvyazbank" | 3251 |
| 167 | PJSC Bank ZENIT | 3255 |
| 168 | LLC KB "Megapolis" | 3265 |
| 169 | JSC CB "INTERPROMBANK" | 3266 |
| 170 | JSC "BANK ORENBURG" | 3269 |
| 171 | Bank "RRB" (JSC) | 3287 |
| 172 | LLC "HSBC Bank (RR)" | 3290 |
| 173 | JSC "Raiffeisenbank" | 3292 |
| 174 | "Rusuniversalbank" (LLC) | 3293 |
| 175 | JSC "ProBank" | 3296 |
| 176 | JSC "KOSHELEV-BANK" | 3300 |
| 177 | JSC "Danske Bank" | 3307 |
| 178 | JSC "Credit Europe Bank" | 3311 |
| 179 | Deutsche Bank LLC | 3328 |
| 180 | JSC "Denizbank Moscow" | 3330 |
| 181 | JSC "COMMERZBANK (EURASIA)" | 3333 |
| 182 | JSC "Mizuho Bank (Moscow)" | 3337 |
| 183 | JSC "CB DeltaCredit" | 3338 |
| 184 | JSC "MSP Bank" | 3340 |
| 185 | KB "MIA" (JSC) | 3344 |
| 186 | JSC "Rosselkhozbank" | 3349 |
| 187 | CB "Renaissance Credit" (LLC) | 3354 |
| 188 | CB "Moskommertsbank" (JSC) | 3365 |
| 189 | JSC "SMP Bank" | 3368 |
| 190 | JSC "Bank Finservice" | 3388 |
| 191 | "Natixis Bank JSC" | 3390 |
| 192 | "Bank "IBA-MOSCOW" LLC | 3395 |
| 193 | JSC CB "RUSNARBANK" | 3403 |
| 194 | "BNP PARIBAS BANK" JSC | 3407 |
| 195 | KB "RBA" (LLC) | 3413 |
| 196 | Unifondbank LLC | 3416 |
| 197 | KB "Novy Vek" (LLC) | 3417 |
| 198 | JSC Bank "National Standard" | 3421 |
| 199 | LLC "First Client Bank" | 3436 |
| 200 | Bank NFK (JSC) | 3437 |
| 201 | Bank "RESO Credit" (JSC) | 3450 |
| 202 | JSC "MG Bank (Eurasia)" | 3465 |
| 203 | JSC CB "UNISTREAM" | 3467 |
| 204 | JSC "Toyota Bank" | 3470 |
| 205 | ICBC Bank (JSC) | 3475 |
| 206 | LLC "Volkswagen Bank RUS" | 3500 |
| 207 | China Construction Bank LLC | 3515 |
A bank guarantee is a credit product that is in great demand among participants in tenders and government procurement. At various stages of participation in a tender, companies are required to prove their reliability and seriousness by providing the customer with a deposit confirming their intention to sign the contract and fulfill its terms on time and in full. The amount of the deposit can be very significant. Therefore, not wanting to withdraw money from circulation, companies often provide a bank guarantee.
Obtaining a guarantee involves some difficulties, since not all banks issue it. For this reason, executing companies often turn to brokers who provide assistance in obtaining a bank guarantee. However, there are many scammers in this market, and you should be very careful - an unscrupulous broker may not provide you with a genuine document, but a fake. How to check a bank guarantee and protect yourself from fraud?
How to check a bank guarantee under 44-FZ
In essence, a bank guarantee is a targeted loan. Of course, banks want to protect themselves from insolvent debtors, and therefore, to issue such a guarantee, they require evidence of the financial well-being of the organization.
The data that must be indicated in this document is established by 44-FZ. The bank guarantee must indicate:
- guarantee amount;
- obligations, the proper fulfillment of which is ensured by a bank guarantee;
- the bank's obligation to pay the customer a penalty in the amount of 0.1 percent of the guarantee amount for each day of delay;
- the condition according to which the fulfillment of the bank’s obligations under the guarantee is the actual receipt of funds into the account;
- warranty period;
- 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;
- a list of documents provided by the customer to the bank along with the requirement to pay the amount under the guarantee.
Each “white”, that is, legally issued under 44-FZ, bank guarantee is entered into the register of bank guarantees (RBG). Until recently, it was possible to view the register on the website of the Unified Information System. But from July 1, 2018, in accordance with Part 8.1 of Article 45 of the Federal Law of April 5, 2013 (as amended on October 30, 2018) No. 44-FZ “On the contract system in the field of procurement of goods, works, services to provide state and municipal needs", information on bank guarantees provided as security for applications and execution of contracts is not posted on the official website of the EIS and is available at this address only as of June 30, 2018 (inclusive). At the moment, information about bank guarantees is presented on the Central Bank website and can be found by entering the TIN of the company that needs to be verified.
The bank that issued the bank guarantee, no later than one business day following the date of its issue, or the day of amendments to the terms of the document, includes information in the Register of Bank Guarantees.
From July 1, 2018, the procedure for issuing bank guarantees has undergone significant changes, which are as follows:
- if the contractor does not fulfill the terms of the contract, the government customer has the right to demand not the entire amount of security, but only the amount of the government contract minus payment for the work actually done;
- the bank guarantee covers only the amount of the application security specified in the tender documentation;
- a request for a bank guarantee can be sent either in paper or electronic form;
- purchases for the execution of government contracts with a value of up to 5 million rubles are not subject to security, unless otherwise established by the Government of the Russian Federation, and purchases from 5 to 20 million rubles are subject to security from 0.5% to 1% of the initial price; purchases worth more than 20 million rubles are subject to security from 0.5% to 5%.
The requirements for banks issuing guarantees have also changed. From July 1, 2018, bank guarantees can be issued only by banks that have a universal license, confirmation of the absence of overdue debt on bank deposits placed at the expense of the federal budget, at least 25 billion rubles of own funds and a credit rating of “A-(RU)” " from the ACRA agency and from the "ruA-" rating agency "Expert RA". In addition, a mandatory condition is the participation of the bank in the system of compulsory insurance of deposits of individuals.
All this predictably affected the number of banks issuing bank guarantees - it decreased sharply. Obtaining a guarantee without the help of a broker has become even more difficult. And, therefore, it is possible that scammers will become more active, offering “gray” or outright fake bank guarantees.
“Gray” guarantees: working schemes of scammers
How do scammers who issue “gray” bank guarantees act? To protect yourself, you need to know their methods and operating patterns. Here are a few of the most common:
Issuance of a bank guarantee by a bank that does not have the right to do so. As already mentioned, not every bank has the right to issue guarantees, and with the entry into force of the new law, there are even fewer such banks. You can check the list of accredited banks on the official website of the Ministry of Finance of the Russian Federation. Please remember that changes to this list are made monthly.
Exceeding the standards established by the Central Bank of the Russian Federation. By law, the maximum total amount under one bank guarantee cannot exceed 25% of the bank's capital. This limitation also applies in cases where one company receives several different guarantees from related organizations. Be sure to check the amount of capital of the selected bank - this can be done on the website of the Central Bank of the Russian Federation in the section “Calculation of own funds, information on mandatory standards.” There you can see the calculation of the bank's capital for a certain period.
Guarantee from a non-existent bank. Sometimes scammers register a company whose name at first glance resembles the name of a well-known and respected bank. And in fact, it is not always possible to notice that instead of “Interprombank” the paper says “Interprobank”, or to distinguish “CentroCredit” from “CentrCredit”. To protect yourself, go to the website of the Central Bank of the Russian Federation and very carefully, letter by letter, enter the name of the bank that issued the guarantee in the search bar in the “Information on credit institutions” section. It would also be useful to check the OGRN and registration number on your papers with the number of a real existing bank by going to its official website.
There are several indirect signs that your broker is a scammer who provides fake guarantees, and you should not contact him. You should be wary if:
- They promise to give you a guarantee a few hours after your application. In such a short period of time, it is impossible to analyze your activities and solvency, obtain a positive opinion from the security service, or prepare and issue a guarantee. In a couple of hours it can only be faked. Cooperation with experienced brokers can reduce the time it takes to obtain a guarantee, but not to just a few hours.
- They don't ask you for anything other than an application. If this is your first time applying for a guarantee with a particular bank, the security service will not be able to decide how trustworthy you are based on just one application. Most likely, nothing of the kind is expected, and the warranty will be fake.
- Account in the name of a third party. If you issue a guarantee at a bank, then the account must be in the name of this bank, and not in the name of some other legal entity. Be sure to check the organizational and legal form - this is where the catch most often lies.
- They promise to bring you the guarantee by courier and do not require original documents. Originals are always provided for issuance; scans are only suitable for registration. In addition, to issue a guarantee, your identification is required, and the courier does not have such authority.
Falsification of guarantees is punishable by law
Don't forget that falsifying a guarantee is a crime, and by turning a blind eye to the alarm bells, you are indulging in lawbreakers.
Of course, no one is immune from mistakes. If you find out in time that the bank guarantee issued to you is a fake, you can replace it with a real one within 10 days and initiate a criminal case under Article 159 of the Criminal Code of the Russian Federation. You will lose time, but you will restore your good name. If you knowingly provide a false bank guarantee, the customer may:
- Refuse to conclude an agreement and enter your company into the register of unscrupulous suppliers (RNP).
- Unilaterally terminate the contract and, again, add you to the register of unscrupulous suppliers.
- Terminate the contract by agreement of the parties.
- Initiate a case under Art. 159 of the Criminal Code of the Russian Federation (“Fraud”).
In this case, it will be very difficult to avoid being included in the RNP; you will have to explain to the FAS the reasons for this state of affairs, provide an agreement with an unscrupulous broker and evidence that you have already contacted the guardians of the law on the issue of prosecuting the scammers with whom you managed to contact.
Be that as it may, a false bank guarantee is a stain on your reputation, which can forever block your access to tenders and significantly harm your business. Don't take risks - if you need a bank guarantee, contact the bank directly. And if you want to save time and minimize the risk of refusal, work only with trusted brokers.
How to choose an intermediary to obtain a bank guarantee
We asked Andrey Tyurin, an expert at the consulting company KSK Group, to give advice on choosing a company that can assist in providing a bank guarantee:
“There are many brokerage companies on the market, and the question of how to choose a decent one with such diversity is quite natural.
First of all, I advise you to pay attention to the time the organization has been operating in the market for services of this kind. After all, if a company opened only last year, there is a high risk that it will turn out to be a fly-by-night company issuing fake or “gray” guarantees. Therefore, it is better to choose from the “long-livers” of the market.
Another important criterion is the number of employees in the company, their experience and professionalism. The presence of positive reviews is also an important argument in favor of choice, while it is advisable to pay attention to the level of clients, the degree of complexity and the volume of completed projects.
In light of the above criteria, a striking example is the work of the KSK group company, which has been present on the market for almost a quarter of a century and today is a strategic partnership that unites 15 consulting firms with a total staff of more than 350 experts in various fields working according to uniform standards.
The direction of our activity is providing assistance to large and medium-sized businesses in comprehensively solving problems of economic development and positive changes. One of the especially popular services today is assistance in obtaining a bank guarantee.
A company wishing to secure its obligations with a bank guarantee can, when contacting us, be sure that its application will be professionally prepared and reviewed by the bank’s credit committee within 24 hours. This is achieved thanks to the professionalism of our experts and the strategy of cooperation with banks that are our partners, verified over many years.
By interacting directly with the management of a credit institution, we not only save time on inevitable bureaucratic approvals, but also have the opportunity to quickly make all the necessary changes to the documentation. Thus, the analysis and structuring of the transaction takes a minimum of time, and the conditions received by the client - the amount of interest, the duration of the guarantee obligations, the required collateral - in most cases turn out to be more attractive than the market average.
KSK Group works with any amounts and types of guarantees. We guarantee that there are no hidden fees or unreasonable overpayments, and regular customers can count on compensation for bank commissions.”
P.S. More complete information about the services offered, descriptions of completed cases and reviews of KSK groups can be found at. You can also request a free initial consultation there. The company's managers will answer all your questions and advise you on the timing and cost of services.
In this article we will figure out how to check a bank guarantee on the official website of the registry and what is needed for this. We will tell you what information can be obtained from the register and what to do if the issued guarantee is not there.
What is a register of bank guarantees
The issued register is a virtual database formed in the Unified Information System and containing a detailed list of data. The creator of the unified register is the Antimonopoly Service of the Russian Federation. The rules for maintaining the database are enshrined in Ministry of Finance Resolution No. 1005/2013, and it has been operating since 2014.
The register is maintained within the framework of 44-FZ by the Federal Treasury. But within the framework of 223-FZ, received guarantees are not entered into the register. The database contains data on more than a million guarantees, which significantly reduces the likelihood of fraudulent activity.
Types of registers
There are two types of guarantee register: closed and open. The closed one contains data on guarantees that constitute a state secret. And all open guarantees are on www.zakupki.gov.ru. Information on them can be viewed at any convenient time.
What is contained in the registry
Within the framework of 44-FZ, the register contains the following data:
- Name, TIN, legal entity. guarantor's address.
- Name, TIN, legal entity. principal's address.
- The amount to be paid to the guarantor if the principal fails to comply with the conditions reflected in the agreement.
- Warranty period.
- Copies of documents, except for papers that contain information to be entered into a closed register.
- Other information and papers, the list of which is reflected in the regulations.
Which banks can issue guarantees?
Government customers can use collateral from banks that meet the standards of Art. 74.1 Tax Code of the Russian Federation:
- Availability of a license.
- Work in the financial sector - from 5 years.
- The amount of capital is from 1 billion rubles.
- Compliance with established standards over the past 6 months.
- Lack of recommendations for improving the results of current work.
In this case, the guarantee must meet certain conditions:
- Warranty information is in the register.
- There is no entry in the guarantee that the principal is obliged to send to the guarantor copies of court decisions on non-fulfillment of the conditions provided by the document.
- The document contains a clause on irrevocability, information on the amount of the guarantee, as well as other necessary conditions and data in accordance with 44-FZ.
How to check a bank guarantee against the registry
The first thing you need to do is visit the official website of the electronic registry (purchases.gov.ru). Select the “Procurement” section, and then the “Register of Bank Guarantees” item.
In the next search window, the necessary information can be found by register number or name of the bank, principal, procurement notice number, register or identification number of the agreement. In addition, you can narrow your search using the filters on the page: enter the date of publication, warranty period, etc.
Additionally, an advanced search tool is provided online. After filling out all the fields, click on the “Find” button.
Data about the guarantee is displayed on the website as follows: the entry indicates the amount, serial number of the entry and guarantee, date of provision, information about the creditor, principal and beneficiary, notice number and expiration date of the guarantee.
For a more complete view and authentication of the document, click on “Details”. And to familiarize yourself with the warranty, and then download it to your PC, go to the “Documents” item.
What to do if the bank guarantee is not in the register
There are the following options for explaining the lack of information in the register:
- The technical error— contact the lender or UIS technical support to correct the error.
- Failure of the bank to meet deadlines for entering the guarantee into the register— to resolve the issue, contact the lender, otherwise the beneficiary may reject such guarantees.
- Fake or incorrect warranty— you need to write a statement to the Ministry of Internal Affairs to return the funds and bring the perpetrators to justice.
In all of the above cases, it is necessary to promptly notify the beneficiary of the identified problem in order to be able to continue cooperation and not be included in the list of unscrupulous performers.
Established by the Government of the Russian Federation.
1.1. When establishing requirements for banks, the Government of the Russian Federation establishes requirements for the size of the bank's own funds (capital) and the level of credit rating assigned to a Russian credit organization by one or more credit rating agencies, information about which is included by the Central Bank of the Russian Federation in the register of credit rating agencies, according to national rating scale for the Russian Federation in accordance with the methodology, the compliance of which with the requirements of 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 the recognition as invalid of certain provisions of legislative acts of the Russian Federation" was confirmed by the Central Bank of the Russian Federation.
1.2. The list of banks that meet the established requirements is maintained by the federal executive body for regulating 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 regulating the contract system in the field of procurement in the information telecommunications network "Internet". If circumstances are identified indicating that a bank not included in the list meets 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.
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;
(see text in the previous edition)
2) obligations of the principal, the proper fulfillment of which is ensured by a 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 a single supplier (contractor, performer), the bank guarantee includes a condition on the customer’s right to indisputably write off funds from the guarantor’s account if the guarantor fails to do so on time the customer’s demand for payment of a sum of money under a bank guarantee, sent before the expiration of the bank guarantee, has not been fulfilled for more than five working days.
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 considers the bank guarantee received as security for the execution of the contract within a period not exceeding three working days from the date of its receipt.
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 provided by a procurement participant as security for an application for participation in the procurement, if such a method of securing applications is applicable in accordance with this Federal Law, or as security for the execution of a contract, 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 the unified 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 provided for in Part 9 of this article about bank guarantees provided as security for applications and execution of contracts is not posted on the official website, and when purchasing goods, works, services, information about which constitutes a state secret, is included in the 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, the procedure for maintaining and placing in the unified information system the register of bank guarantees, the procedure for forming and maintaining a closed register of bank guarantees, including the inclusion of information in it, the procedure and deadlines for providing extracts from it, The form of the request for payment of a sum of money under a bank guarantee is established by the Government of the Russian Federation.