Participation in various tenders, especially when it comes to government procurement, has a huge role in the development and expansion of production for any company. Firms that win such competitions have a high status and the opportunity to increase their turnover. Almost all customers require that participants prepare all the necessary documentation, including a bank guarantee. Obtaining this agreement will not be difficult, since a fairly large number of financial institutions are ready to provide this agreement on various conditions. A bank guarantee is an effective and very profitable tool for concluding a transaction without risks on the part of both the principal and the beneficiary.

Features and advantages of a guarantee

Before receiving bank guarantees, it is necessary to determine the essence of this procedure. This agreement is a unilateral transaction issued by the company as a guarantor to another organization, called the beneficiary, that the executing company will fulfill all specified requirements within the established time frame. In case of non-compliance, the guarantor is ready to cover all costs and pay off the debt.
The procedure for drawing up an agreement is quite similar to taking out a loan, but unlike lending, it has many options that you need to familiarize yourself with before issuing a bank guarantee. A bank guarantee has the following advantages:

• As stated above, this document provides an opportunity to participate in public procurement;
• Reliability of cooperation. All parties who take part in the transaction are protected from fraud and loss of their funds;
• Fulfillment of all requirements specified in the contract;
• The fee for providing such a service is much lower than when receiving a loan;
• Convenient terms of cooperation. Many financial institutions provide bank guarantees without collateral or collateral.

The increasing demand for collateral services is generating a huge number of offers from various credit institutions. When choosing an organization, you must first familiarize yourself with the available data to avoid fraud. For convenience, you can use the list of institutions at the Central Bank of the Russian Federation that have received a state license to provide financial services. Bank guarantees can be obtained in the following ways:

• Classic way. Consists of a personal request from the client to conclude an agreement. The most common way to obtain fairly large surety funds. A bank guarantee to legal entities without collateral and guarantors in this case is possible if all necessary documentation is provided and if the amount of security is not the maximum;
• Express method. In this case, for the convenience of clients, the organization can reduce the time required for consideration of the application and reduce the list of required papers. This is quite relevant if documents need to be completed in a short time. In the case of the accelerated method, the client can receive a financial guarantee of up to 10 million rubles;
• Registration online. This method allows you to speed up the process by saving time on repeated personal visits to the institution. The time for reviewing documents can take from 4 days to 1 hour, depending on the required amount. A bank guarantee without collateral or security in electronic mode is possible if an application is submitted for a small amount.

Obtaining a bank guarantee from the bank. Main stages

The registration procedure has many features; if reviewed, a bank guarantee will be issued. You can receive a document from the bank if you follow the following steps:

1. Selecting a financial institution and analyzing the conditions it offers. To attract clients, many organizations offer a minimum commission, as well as a service such as a bank guarantee without collateral or collateral.
2. Familiarization with the necessary documentation for submitting an application. Basically, credit institutions require an application for participation in the tender, if any, legal constituent documents on the activities of the enterprise and accounting reports for the current year.
3. Providing the necessary documents to the financial institution.
4. Review of data by bank employees. This stage is quite important, since it is it that influences the further decision to cooperate with a potential client. That is why it can take up to two weeks.
5. Conclusion of an agreement. If the application is satisfied, a bank guarantee is issued. How to obtain cooperation and the interest rate and other conditions - all these features are discussed between the two parties;
6. Registration of the application in the state register.

Accelerated methods of completing a transaction

In terms of time, this procedure may take several weeks, which is why when participating in a tender it is necessary to apply in advance in order to have time to issue bank guarantees. How to get a bank guarantee without wasting precious time waiting for a decision on issuing collateral? In the case of repeated cooperation with a financial institution, they are usually interested in obtaining a regular client and are ready to sign an agreement as soon as possible. A sufficiently large amount of collateral can also speed up the formal process. Not every average enterprise can afford this method. The most optimal way is to contact a third company, which acts as an intermediary between the client and the bank. She is responsible for the prompt collection and submission of documents, having previously checked them. Such a company takes responsibility for the client to the guarantor and allows you to speed up the registration procedure.

Bank guarantees without collateral

The minimum commission amount and the possibility of deferred payments are not all the privileges and opportunities that a bank guarantee may contain. How to make this deal even more profitable without significant investments and draw up a contract where a bank guarantee will be available without collateral.
A bank guarantee without collateral is an opportunity to obtain a guarantee without providing movable and immovable property as collateral. If collateral is provided, the enterprise loses the opportunity to use all available resources to increase production. An unsecured bank guarantee allows you to arrange guarantee services without preliminary financial or property investments.

Get a bank guarantee without collateral

Some organizations are ready to provide a service such as a bank guarantee without collateral. You can obtain financial security such as a bank account without collateral if you provide the financial institution with information about an impeccable credit history and a high level of solvency. Drawing up a contract without collateral has certain risks for the organization that provides surety services. That is why they must be sure of the client’s reliability before issuing a bank guarantee. Without collateral, you can get an agreement for a small amount and the interest rate of the commission can almost double.

Participation in a major tender or competition for a government order, and even more so a victory in it, is a big plus for the reputation of any company and, of course, a significant profit. However, not all organizations are aware (often even before submitting an application for a tender) that a bank guarantee will most likely be required to ensure the fulfillment of the contract. What this tool is, how to get a guarantee and how long it will take - read our article.

List of banks entitled to issue bank guarantees

A bank guarantee is one of the most common ways to minimize risks: if one of the parties to the contract fears that the other will not fulfill its obligations, then it has the right to request a bank guarantee as security. Essentially, it is a written promise from a bank or insurance company ( guarantor) pay the agreed amount of money to the customer of the product or service ( beneficiary) upon request, if the contractor or supplier ( principal) violates the terms of the contract or refuses to fulfill it.

Government procurement is the most popular area of ​​application of this obligation, so in the future we will focus on them. Thus, according to Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as 44-FZ), financial support is required both at the stage of submitting an application for competition, and to conclude a contract with the winner. In most cases, such security can be a bank guarantee. At the same time, it is beneficial to all parties: the bank receives a reward for issuing the document, the beneficiary receives a guarantee of compensation for losses in the event of failure to fulfill the contract by the principal, and the principal, in turn, may not freeze his own funds during the bidding and execution of the order.

However, it should be noted that in order to use the guarantee to ensure participation in competitions and auctions held under 44-FZ, it must be in strict compliance with the law. It can only be issued by a bank, and not just any bank, but one that meets the requirements of Part 3 of Article 74.1 of the Tax Code. So, today the following is mandatory for issuing a bank guarantee:

• the bank has a license from the Central Bank of the Russian Federation to carry out operations. In addition, financial rehabilitation measures should not be applied to the bank;
• the volume of own funds (capital) in the amount of at least 300 million rubles;
• credit rating from “B-(RU)” by the ACRA agency and from “ruB-” on the scale of the rating agency “Expert RA”, assigned by the Bank of Russia as of the date of sending the information;
• absence of debts on bank deposits placed at the expense of federal budget funds;
• participation in the system of compulsory insurance of deposits of individuals.

The list of credit institutions that meet all the specified parameters is established by the Ministry of Finance of the Russian Federation. As of February 1, 2019, it included 204 banks. Although at the beginning of 2018 this number reached almost 350 credit institutions. The current list of banks that have the right to issue bank guarantees can be found on the official website of the Russian Ministry of Finance: the data is updated four to five times a month, the list includes both federal and regional banks.

Conditions for issuing bank guarantees

Each bank has the right to independently determine most of the requirements and conditions under which a bank guarantee will be issued. We will look at the most common parameters found in most guarantors.

Requirements for the applicant

A bank guarantee has some similarities with a loan agreement: after all, if the beneficiary receives funds under it, the bank, in turn, will demand their return from the principal. Therefore, the system of requirements for the applicant is similar to those presented when receiving a loan: financial stability of the company, absence of debts and overdue payments, positive credit history, long term of work, and often the provision of collateral or a surety. In addition, the law requires the bank to check information about the founder, director and chief accountant of the enterprise.

Guarantee period

According to No. 44-FZ, the guarantee must be valid for at least a month longer than the contract period. If there is a warranty period for the product supplied, this must also be included in the validity period. The calculation begins from the moment of receipt of the document, unless otherwise stated in the guarantee itself.

As a rule, banks indicate for what period they are ready to issue collateral: for example, Sberbank issues bank guarantees valid from 1 to 24 months according to general rules and up to three years if the borrower meets additional requirements.

Issue date

When applying to the bank independently, the waiting time for the issuance of a bank guarantee is up to two to three weeks, depending on the financial situation of the principal, the type of collateral, the collateral provided and the chosen guarantor organization. There are also brokerage organizations that allow the client to issue a guarantee in a shorter time (from three days).

Bank commission for issuing a bank guarantee

The amount of remuneration to the bank for issuing a guarantee is on average 2–5%, but usually no less than 10–20 thousand rubles. Do not forget about additional payments that may be required: opening and maintaining a current account, fines and penalties for late return of funds, payment in the event of a warranty claim.

Loan currency

In most cases, a bank guarantee is issued in rubles, however, when working with foreign companies, by agreement of the parties, you can specify a different currency. The use of a “currency clause” is also popular: all payments are made in rubles, but are equivalent to some amount in foreign currency. For calculations, you can use either the official exchange rate on the day of the operation or the fixed one.

Guarantee amount

According to 44-FZ, when participating in government procurement, the supplier is obliged to provide security in the amount of 0.5 to 5% of the initial cost of the contract at the application stage and from 5 to 30% (but not less than the amount of the advance payment, if any) - as security for performance agreement. When working within the framework of the Federal Law of July 18, 2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities,” the maximum amount of the guarantee is not established and is determined by the auction organizers.

Banks, in turn, independently determine the minimum and maximum amount of guarantees issued. For example, Sberbank does not consider applications for guarantees of less than 50 thousand rubles, but the upper limit depends only on the financial condition of the principal. VTB, on the contrary, sets the maximum guarantee amount at 150 million rubles with a collateral or 30 million rubles without it, but does not indicate a lower limit. Credit-Moscow Bank indicates both extreme amounts - from 300 thousand to 10 million rubles.

Guarantee payment refund period

The period within which the guarantor is obliged to satisfy the beneficiary's demands for payment of the agreed amount is usually indicated in the text of the bank guarantee. Most often it is up to three months, but when issuing a guarantee secured by cash or bills of exchange it can be only a few days.

Security

The bank has the right to require the principal to provide security for the issued guarantee. The collateral most often is company-owned real estate, transport, goods, securities or cash. As an alternative or in addition to pledging the property, the bank may require a surety bond. The guarantors can be both the owners of the principal company and other persons, individuals or legal entities.

Many banks also offer the issuance of guarantees without collateral, but the commission in this case is usually higher, and the chance of approval and the maximum amount are lower.

Insurance

Insurance of property serving as collateral when issuing a bank guarantee is usually not mandatory. However, for some categories of property, for example, when pledging farm animals, the bank may require insurance.

Penalty for late reimbursement of payment under a warranty obligation

If the bank violates the terms of payment to the beneficiary, upon the occurrence of a guarantee event, he is obliged to pay a penalty. Its size is usually 0.1% of the refund amount for each day of delay.

Interest rate upon occurrence of a guarantee event

According to the general principle of a bank guarantee, if the principal has not fulfilled his obligations under the contract with the customer, the bank pays the beneficiary the agreed amount of compensation. Next, the guarantor makes recourse claims to the principal: he must return the amount spent to the bank, and with the payment of interest for the diversion of funds.

The interest rate, as a rule, is close to the regular loan rate: its size depends on the financial performance of the principal, the availability of collateral - and usually amounts to 11–25% per annum.

The history of a bank guarantee is not very long - in our country, the first mentions of bank guarantee obligations appeared during the NEP, that is, in the 20s of the 20th century. However, humanity has long been familiar with other ways of securing contracts (even in those days when the word “contract” did not yet exist). Thus, even in the Holy Roman Empire, a builder hired to build a house had to provide a guarantee from the city authorities or from previous clients. The guarantee stated that the contractor was honest, did not steal building materials and completed the work on time.

Procedure for issuing a bank guarantee

To obtain a guarantee, the applicant will have to go through many stages, each of which has its own characteristics and takes a certain time.

1. Analysis of compliance with bank requirements and collection of documents. Of course, it all starts with the question of which bank is best to contact to obtain collateral. The answer will depend on many factors: the state of the company, the requirements of the auction organizers, the required amount. The duration of this stage is individual for each case: for some it takes place in just a couple of days, for others they spend weeks looking for the best offers on the terms of issuing a bank guarantee from banks in the top 25 ratings. It is advisable to start analyzing and collecting a standard package of documents in advance, immediately after the decision to participate in the auction. Typically, the following types of papers will be required:
   • legal- certificate of registration of a legal entity, extract from the Unified State Register of Legal Entities, certified copies of the passports of the founders and director, charter, certificate of registration with the tax authority, as well as certificates of absence of debts to budgetary and extra-budgetary funds;
   • financial- financial statements in forms 1 and 2 for the last year for enterprises using the general taxation system, or a tax return and an extract from the book of income and expenses for companies using the simplified system;
   • information about the tender- links to the ongoing competition or auction, draft contract, etc.;
   • documents confirming the reliability of the principal,- this list usually includes documents indicating the company’s experience, its position in the market, previous participation in tenders and completed contracts, customer reviews, etc. Also, if there is collateral, - documents on ownership of it, appraisal reports .
2. Transfer of documents to the bank. After collecting all the necessary documents, the applicant submits them to the bank - this stage, most often, takes place in one day. However, sometimes the guarantor requires additional papers, and then the time costs will increase by the period necessary to prepare them.
3. Analysis of documents in the bank and making a decision. At this stage, the bank verifies the accuracy of all information and documents provided, assesses the solvency of the company and makes a decision on issuing a bank guarantee or refusing the applicant. Formally, the review period is about seven days, but often these periods increase to two to three weeks if additional checks are necessary.
4. Conclusion of an agreement and issuance of a guarantee. After approval of the application, the company is provided with information about the personal conditions for issuing the guarantee, interest rates, as well as its draft. After final approval, the principal enters into an agreement with the bank and pays the agreed amount of remuneration. Then the actual transfer of the guarantee to the applicant occurs.
5. Entering warranty data into the Register. According to the law, after issuing a guarantee, the bank is obliged to enter the relevant data into the general register. A period of one day is allotted for this. This stage is final, and immediately after its completion the principal can use the bank guarantee for its intended purpose.

Of course, obtaining a bank guarantee is an extremely beneficial way for organizations to ensure their participation in bidding. However, the process of drawing up such a document is quite lengthy and usually exceeds the established period for concluding a contract, during which the contractor is obliged to provide security. Therefore, most companies are forced to resort to various ways to reduce the time for obtaining a bank guarantee.

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For many entrepreneurs, a bank guarantee is one of the necessary and irreplaceable documents when applying for participation in the state. procurement The bank acts as a guarantor that the entrepreneur (participant in tender procurement) will fulfill all his obligations to fulfill the contract. Some customers require a bank guarantee when submitting an application to participate in a competition or auction. Thus, customers reinsure themselves against unscrupulous entrepreneurs. Any entrepreneur can receive bank guarantees, but some may encounter certain difficulties.

Bank guarantee. How to get

It is not difficult to obtain a bank guarantee from a bank for companies that have extensive experience and a good reputation. But for inexperienced legal entities and individuals who have just begun to develop their business, when obtaining a bank guarantee, a lot of difficulties may arise:

• Guarantor banks require collateral for reinsurance. The following is considered as collateral:

1. pledge of property (movable, immovable);
2. pledge of funds.

• To obtain a bank guarantee, you will need to provide a package of documents;
• It will take the bank up to 2 weeks to consider the application for a bank guarantee (which is not entirely suitable for entrepreneurs who decided to participate in government procurement late);
• Guarantor banks often require remuneration for their services, the percentage of which is greatly inflated. Which is not entirely suitable for the client.

Therefore, the search for quick investments may be delayed, which will lead to the loss of a profitable large government contract.

How to get a bank guarantee without collateral

Obtaining a bank guarantee without collateral is a completely feasible mission. But there are some peculiarities when issuing a bank guarantee. Clients must understand that when a guarantor bank issues an irrevocable bank guarantee, it takes on a certain risk; the risk is that if the client fails to fulfill its contractual obligations, it is the bank that will have to pay compensation, which should fully satisfy the customer. Compensations are paid by the bank from the reserve, authorized fund. It is possible to obtain a bank guarantee without collateral if the company’s all indicators (financial inclusive) are impeccably high.

Bank guarantees without collateral are quite possible, but for this the financial institution needs to check and make sure that the client company is a stable business partner and has a good reputation. Bank guarantees without collateral or collateral are issued after the most in-depth verification and analysis by the bank's security service. A bank guarantee without collateral or collateral is issued by the bank in the shortest possible time, but at significantly higher interest rates.

Obtaining a bank guarantee from a bank

A bank guarantee can be obtained by anyone who has decided to develop their business and increase their production capacity by participating in state tenders. procurement Bank guarantees without collateral can be issued without any problems, but you need to remember some nuances:

• A bank guarantee to legal entities without collateral or guarantors is issued by any financial institution. But it is best to make a bank guarantee in a bank that is registered with the Ministry of Finance of Russia and is in the top 10 banks of the Central Bank of Russia; it is this unsecured bank guarantee that is considered genuine.
• A bank guarantee without collateral is a big risk for the bank, so it is necessary to provide a full package of documents that will confirm the client’s reliability and financial platform. After all, in fact, an unsecured guarantee is a kind of loan, only with a more thorough and in-depth study of the risk.

• It is possible to obtain bank guarantees only after a thorough, as deep as possible check. This may take the bank about three weeks. But sometimes, a company only has a couple of days to receive a bank guarantee.

Bank guarantee

A bank guarantee of collateral is a more feasible task. Its registration will require less time and documents. But at the same time, the bank will still carry out a certain study procedure:

• Trustworthiness;
• State of the art;
• Financial opportunities;
• Debts and more.

Subject to complete reliability and compliance with all financial requirements. The institution is issued a collateral bank guarantee.

How to obtain collateral bank guarantees? A collateral bank guarantee can be obtained if you provide:

• Deposit;
• Real estate or other material assets.

How to make a collateral bank guarantee? To do this, you need to contact a financial institution - a bank that is registered by the Ministry of Finance of Russia and is in the top of the Central Bank of Russia. A collateral bank guarantee is not a new product, and is very popular among entrepreneurs for attracting quick investments. A collateral bank guarantee is much more profitable than:

• Credit;
• Unsecured bank guarantee.

This financial product is extremely beneficial for companies, since the interest paid to the bank is significantly lower than when repaying a loan. The return of the prepayment (advance payment) is guaranteed.

How to get a bank guarantee quickly interests many. To register, please contact:

• Solid bank;
• Brokerage office.

A reputable bank, which is included in the register of top banks of the Central Bank of Russia. Collect the necessary package of documents. The bank will conduct an inspection and issue a bank guarantee. For discussion and provision of a bank guarantee. It may take up to 10 business days. The procedure is the same as when applying for an unsecured bank guarantee or lending under a bank guarantee.

But for quick registration, it is better to contact a brokerage office that directly cooperates with reputable banks. It is financial advisors who have complete information about all offers and other financial products. Brokerage companies will select the most favorable conditions, with a low interest rate, that are right for you. To do this, consultants constantly study the market of proposals, compare, and analyze. When applying for a bank guarantee, the client is provided with a personal consultant who will help fill out all the necessary documents. The financial consultant will deal only with your application throughout the entire registration process.

Such cooperation will be equally beneficial for both parties. As a rule, brokerage houses charge a percentage of the bank guarantee for their services. But at the same time, they help you prepare the documents correctly, which significantly reduces the risk of your application being rejected by the bank. They recommend which financial institution to contact and issue a bank guarantee on more favorable terms for the client. To register through a brokerage firm, you must provide a complete package of documents. The processing time for information on your application will be up to 7 working days.

To conduct tender activities under 44-FZ and 223-FZ, attracting a bank guarantee is the best form of guarantee of integrity. But many financiers are confused about work patterns. Let's figure it out.

Bank guarantee – what is it?

When concluding any transaction, it is impossible to be 100% sure that the counterparty will fulfill its obligations under the contract, even if it has an excellent reputation in business circles.

There are several options to reduce transaction risks or eliminate their negative impact. This:

1. Receiving a security payment from the counterparty (up to 50% of the contract amount)
2. Conclusion of a liability insurance contract (from 0.5% to 4% of the contract amount)
3. Hedging
4. Conclusion of a guarantee agreement
5. Bank guarantee (from 0.5% to 6% of the contract amount)

Among the listed options, a bank guarantee stands out. Firstly, it is easy to design, and secondly, it is relatively inexpensive.

A bank guarantee provides a written promise by the bank to pay the beneficiary of a contract, loan or security for the principal in the event that the principal fails to fulfill its obligations.

The principal is the individual or legal entity for whom the guarantee is issued. Usually he is the initiator of the guarantee issue.

Beneficiary is the recipient of funds under the guarantee.

The bank that guarantees is called a guarantor.

Download and use it:

The bank guarantee scheme looks like this:

In fact, the bank takes the risks of the Principal’s fulfillment of obligations and requires a remuneration for this in the amount of 0.5–6% of the guarantee amount.

The principal, of course, can do without the bank’s participation by making a security payment to the counterparty’s account. But this will mean diverting money from circulation, which will result in lost profits. Or loans that cost 3–5 times more than the bank’s remuneration.

Types of bank guarantees

Depending on the area of ​​application, it can be divided into several types:

1. Tender. Provides protection for the company conducting the tender against the refusal of the winning bidder to conclude a contract. Typically, one of the conditions for participation in a tender is that participants must receive such a guarantee. For the organizing company, this is a guarantee of covering the costs of the tender.
2. To fulfill obligations under the contract(in a narrower application of obligations under government contracts and agreements under 223-FZ). For transactions in which one of the counterparties is the state, the use of collateral is mandatory. In connection with this, this type of guarantee appeared, which is usually drawn up for the amount of prepayment under the contract.
3. Money back guarantee. It can be issued if the contracts include an advance payment from the customer. It will insure the customer against loss of the advance payment amount if the contractor fails to fulfill his obligations under the contract.
4. Payment guarantee. The need to formalize it arises when working with a customer on an “open account” basis. It minimizes the seller’s risks from non-fulfillment of payment terms by the buyer.
5. Customs. Issued to companies obligated to pay customs duties, and is an alternative to “freezing” funds in the accounts of the Federal Customs Service
6. Judicial. Issued to the defendant in order to present it to the court as an alternative to seizure of property.

There are so many offers that it would seem enough to write a request in an Internet search engine and choose from the many options offered.

But there are pitfalls here:

1. Not all financial institutions are conscientious. In pursuit of savings, there is a risk of receiving a guarantee that is not registered in the Register of Bank Guarantees. Check the potential bank in the “Register of Banks Having the Right to Issue Bank Guarantees”.
2. Secondly, a bank guarantee is a full-fledged loan product, to obtain which you need to open an account, collect a package of documents, provide collateral, etc. All this takes time, sometimes up to 20 calendar days. Although the issuance period itself is limited to 3–5 working days.
3. Bank guarantees are issued against collateral, which the company may simply not have in the required amount. Young companies (up to 9 months from the date of registration) most likely will not receive the product.
4. Much attention is paid to the borrower's business reputation. In the event of a one-time failure to fulfill obligations under previous contracts, it will be more difficult to obtain a guarantee, and the cost of registration will be higher. In case of repeated violations, it is almost impossible to obtain a guarantee.

Registration at the bank begins with the submission of an application by the initiator (Principal) to the bank orally or in writing. Already at the application stage, the Principal must know the conditions of the Beneficiary.

Such conditions may include:

1. Coverage amount.
2. Coverage period.
3. Requirement period.
4. Conditionality/unconditionality.
5. Other conditions.

If a guarantee is needed to participate in a tender, then all the conditions of the beneficiary can be taken from the tender documentation.

• refusals in registration are possible,
• you will have the opportunity to choose the most favorable conditions.

If your company has approved loan products in one or more banks, we advise you to apply to these banks. After all, in fact, you will be able to skip the second stage - collecting documents and opening a current account, since you have already done this work to obtain a loan product. In addition, there is a high probability that the warranty conditions for your company will be better.

What documents are needed

The documents that banks most often request are:

1. Documents for opening a current account: application, agreement, constituent documents, certificate of state registration, registration, extract from the Unified State Register of Legal Entities (USRIP), bank card, licenses, appointment documents for the position of general director and chief accountant and their identity cards, etc.
2. Guarantee of the company owners and documents for collateral.
3. Application for a bank guarantee.
4. Financial statements as of the latest date and for a period of three years.
5. Tender documentation, procurement registration number.

Some of the papers, for example, an extract from the Unified State Register of Legal Entities (USRIP), a certificate from the tax authority, can only be received within a few days. Therefore, we recommend that you start collecting general documents in advance, at the stage of submitting an application to the bank.

The third stage will be signing an agreement with the bank and paying the fee. Only after completing these steps will the bank issue an official guarantee and register it in the registry.

The guarantee is valid for the period specified in it and after it becomes just a printed sheet of paper. If, at the end of the term, the Beneficiary, for one reason or another, has claims to the execution of the contract, this will have nothing to do with the guarantee.

If the Principal violates his obligations, the Beneficiary will have the right to make a claim to the Guarantor.

Warranty claim

The claim is submitted by the Beneficiary in writing to the guarantor bank. The form of the requirement itself and the list of accompanying documents are approved by law by Resolution No. 1005 of November 8, 2013.

Depending on the type of bank guarantee, the Beneficiary must provide the bank with, as accompanying documents, a calculation of the amount of the claim, confirmation of the occurrence of the guarantee event, and confirmation of the advance made.

The sooner the Beneficiary contacts the bank with a demand, the better, but this must definitely be done before the guarantee expires. The period for making payment on demand is regulated by a bank guarantee. The payment itself can be made after the end of the warranty period.

The guarantor bank cannot refuse payment to the Beneficiary if two conditions are met: the guarantee period has not expired and the grounds for payment of the guarantee are filled out correctly.

Quite often, the terms of a bank guarantee agreement provide for a regressive claim from the Guarantor against the Principal. This means that after paying the amounts requested by the Beneficiary, the bank can charge part of the costs for recourse to the Principal. And even if the regressive requirement is not expressly stated in the contract, Art. 379 of the Civil Code of the Russian Federation indirectly allows banks to demand compensation. For the bank, this is a necessary insurance against financial losses, but for the Principal, such a condition of the contract can turn into a headache.

In Part 6 of Art. 34 44-FZ states that every contract must specify warranty obligations and the supplier’s liability for violation of their fulfillment. However, 44-FZ does not directly indicate how to specify warranty obligations in the contract. The regulations for the establishment and application of such obligations are prescribed in civil legislation. The Civil Code regulates the guarantee for the quality of products sold (Article 470 of the Civil Code of the Russian Federation), for work performed (Article 722 of the Civil Code of the Russian Federation) and for construction work (Article 755 of the Civil Code of the Russian Federation).

The warranty period under 44 Federal Laws depends on the nature of the products supplied, work performed or services provided. For cars and other vehicles it is installed for a period of 2 years, for household appliances - from 6 months. For construction projects, this period is determined for at least 5 years.

If the technical documents for the supply of machinery and equipment contain warranty requirements, then the customer is obliged to specify in the procurement documentation its duration, quality scope, requirements for service, maintenance costs, installation and commissioning of equipment for the entire warranty period. If you are choosing a supplier of new machinery and equipment, include in the documentation the requirements for the manufacturer's or supplier's warranty, as well as its validity period. Documents are transferred and filled out along with the goods.

How to establish a product warranty

All products purchased and supplied to the customer must comply with the conditions established by the contract (Article 469 of the Civil Code of the Russian Federation). Goods must meet such conditions for a specific time period (Article 470 of the Civil Code of the Russian Federation). This period of time determines the warranty for the product.

Obligations must apply both to the product itself and to all its components. The terms must be equal (unless otherwise provided in the contract). The validity period, which is necessarily included in the sample supplier’s guarantee for the product, must begin from the moment the product is delivered to the government customer. It is interrupted for a period when the customer, for one reason or another, is unable to use the product, which must be proven. The supplier's liability will arise if the defects arose before the acceptance of the goods by the government customer or for reasons that occurred before the date of acceptance (clause 5 of Article 477 of the Civil Code of the Russian Federation).

Sample product quality guarantee from a 2019 government contract:

How to establish a guarantee for work performance

The quality of the work performed by the contractor must fully comply with the conditions established by the contract during the warranty period (Article 721 of the Civil Code of the Russian Federation). Information on how to register a guarantee in a work contract can be found in clause 6 of Art. 724 Civil Code of the Russian Federation. The rules are the same as for goods.

The contractor's liability occurs beyond the period specified in the contract, but within a 2-year period from the date of signing the acceptance certificate for the work performed, if the customer proves that the defects arose before the transfer of work (clause 4 of Article 724 of the Civil Code of the Russian Federation).

How to establish a guarantee for the provision of services

The obligation lasts for a period during which the quality of the service provided will be maintained. Legal regulation is similar to goods and works. The difficulty is that it is impossible to determine the period for an intangible service. Services, the result of which is material implementation, have their own guarantee period, which is prescribed by the parties in the contract, based on current legislative norms.

How to register the warranty service procedure

This concept is not defined in 44-FZ, but on the basis of Part 4 of Art. 33 44-FZ, the customer has the right to set the service period for GWS, as well as the scope of providing quality and service guarantees. If machinery and equipment are purchased, the customer is required to establish such warranty service requirements.

If defects in goods or shortcomings in works and services were not specified by the contractor, and the customer discovered them during the warranty period, then the buyer has the right to demand that the supplier correct the violations free of charge (clause 1 of Article 475, clause 2 of Article 477 of the Civil Code of the Russian Federation) .

The contract specifies such service along with the warranty period. In the contractual terms, the obligation is understood as the supplier’s performance of work to eliminate shortcomings and defects identified after acceptance of the GWS purchased by the customer, but during the warranty period. It can also include technical and other maintenance, technical inspection, replacement of parts, etc. (Letter of the Federal Tax Service No. 20-12/092926 dated 10/03/2008).

How to ensure warranty obligations

Providing warranty obligations under 44-FZ is money or a bank guarantee that must be provided to the customer for the period of service. From July 1, 2019, government customers have the right to include a provision for such security in the contract.

How to determine the amount of security

How to prescribe the procedure and terms of provision

When determining the procedure and period for providing security for the fulfillment of warranty obligations under 44 Federal Laws, keep in mind that you can only sign an acceptance certificate when the supplier has provided warranty obligations. In Part 3 of Art. 96 44-FZ stipulates that for this purpose the supplier transfers or sends money to the customer’s account. As for the period, you need to add one month to the service period, then you get the minimum period for “freezing” the customer’s money or the validity of the bank’s guarantee.

For example, if in government procurement of construction work for a capital construction project the government customer specifies a guarantee period of 5 years, then the contractor will have to obtain a bank guarantee for 5 years + 1 month. or “freeze” money for this period in the customer’s personal account.

The customer requires guarantees under the contract even if. For example, in an electronic request for quotations for the supply of computer equipment. With this method of determining the supplier, establishing contract security is the customer’s right, not an obligation.

Both government institutions and small businesses (SMB) need to provide a guarantee. This is enshrined in parts 8 and 8.1. Art. 96 of the contract system law.

On the website of the Department for Development of the Contract System of the Krasnodar Territory, contracts with amendments dated July 1, 2019 for the purchase of goods, works and services are posted. Section No. 7 of the contract for the supply of goods details the procedure for providing security.

How to accept collateral

Accept before you sign the acceptance documents. The law on the contract system does not stipulate how to accept warranty obligations if the goods are delivered in parts (for example, a supplier ships computer equipment in batches).

According to Part 7.1 of Art. 94 44-FZ, the supplier must not provide warranty service when the stage is closed. But the deadline for the batch runs immediately after shipment and execution of acceptance documents. If you do not require guaranteed service for a part of the product that the customer already has, fulfillment of these obligations is not guaranteed. Therefore, do not register acceptance if you have established warranty requirements. And if you need to accept parts in parts without options, then demand that guarantees be provided for the volume of products already shipped.

The total collateral provided should not exceed 10 percent of the NMCC.

How to change collateral

In Part 7 of Art. 96 44-FZ states that as long as the warranty obligations are secured, the supplier has the right to change the type of security. For example, return the money and provide a bank guarantee in return.

The amount of the guarantee cannot be reduced.

How to return collateral

Changes to 44 Federal Laws on ensuring warranty obligations did not determine the period for returning money. Use by analogy the deadlines provided for the return of contract security. This money is returned for all contracts no later than 30 days from the date of acceptance, and in purchases with restrictions for SMP within 15 days (Part 27, Article 34 44-FZ). You can prescribe another reasonable deadline for returning money to the supplier.