Where can I buy a bank guarantee quickly and inexpensively? How is a bank guarantee issued under a government contract? What are the ways to urgently obtain a bank guarantee?

Hi all! With you is the popular online magazine “HeatherBeaver” and me, Denis Kuderin.

When concluding commercial contracts, no one can say in advance that the parties will fulfill the terms of the deal in full and on time. Therefore, counterparties have the right to demand from each other guarantees for fulfillment of obligations.

Such guarantees are issued by the bank by agreement with the parties to the contract. This document gives the creditor the right ( beneficiary) receive compensation in case of failure by the debtor ( principal) of their obligations. About, how to get a bank guarantee and what advantages it gives, I will tell you in detail in a new article.

You will also learn what types of guarantees there are and who provides professional assistance in obtaining them.

1. What is a bank guarantee and why is it needed?

Bank guarantees (BG) are used both in international trade and within the country. In particular, these documents allow private companies to take government orders through a contract system, participating in the maximum number of tenders.

The company has 2 options to ensure the fulfillment of the contract - provide its own money or a bank guarantee. The first option is an extremely ineffective measure for the contractor, since companies always need assets. The second method is more profitable, since it does not divert working capital from the business.

Now let's define thematic terms.

Guarantee– a bank, credit institution or insurance organization, that is, a person who ensures the issuance of monetary compensation in the event of a warranty claim.

Principal– a person who applies to the bank for a guarantee, that is, a party who undertakes obligations to fulfill the contract.

Beneficiary– a creditor for obligations established by a bank guarantee, a party to whom the principal must provide the services or work provided for under the contract.

The principal pays for the BG. It is clear that banks do not issue a guarantee just like that: the cost of servicing is 2-10% from its amount. The credit institution acts as a kind of guarantor for the debtor.

Banks must be confident in the client’s reliability, so they do not work with all organizations. For additional certainty, guarantees are sometimes issued against property, traded goods, or securities.

You need to immediately understand that the BG is not a returnable instrument: you will not be able to get back the money spent on the guarantee. The exception is cases when this document is terminated at the request of the beneficiary.

Bank guarantees vary in their purpose:

• payment guarantees;
• return of advance;
• proper fulfillment of contractual terms;
• tender;
• contractual;
• customs.

Not all banks have the right to issue bank guarantees. Only those institutions that are included in a special state register can do this.

The guarantees themselves, which are written agreements drawn up in the prescribed form, are also included in the official list confirming the authenticity of the guarantee documents.

We list the main advantages of a bank guarantee:

• financial savings - the debtor does not need to freeze working capital to secure the contract;
• with a guarantee, the company has the right to participate in an arbitrary number of tenders;
• the beneficiary receives additional insurance in case the principal fails to fulfill his obligations;
• issuing a guarantee does not take much time, especially if the interested party acts through a broker.

Protects the interests of not only the customer, but also the contractor. Potential partners have more confidence in those companies that use this tool. Transactions with a guarantee open the way for private enterprises to large tenders and serious transactions.

Example

The Sibenergo company won the state tender for the maintenance and repair of heating mains in the city of Novosibirsk. The customer demanded a bank guarantee for the contract, and the company willingly fulfilled this condition.

Now, if Sibenergo does not repair the pipes on time or completely ignores its responsibilities, the bank will pay a penalty to the state. The company has an incentive to carry out work efficiently and in a timely manner. Along the way, city residents who are directly interested in high-quality maintenance of heating networks benefit.

Serviceable pipes are a guarantee of a successfully closed contract!

Banks issue a guarantee without collateral on preferential terms to trusted and regular clients with an impeccable reputation. Moreover, when warranty case and payments to the beneficiary, the guarantor has the right to demand reimbursement of funds from the principal. That is, the bank, as is usually the case, will not lose money in any situation.

The warranty period is from 1 to 24 months (depending on the conditions), but it must be 1 month longer than the period of fulfillment of obligations. If you need a longer loan period, you need to negotiate this directly with the credit institution.

2. Ways to obtain a bank guarantee - 3 proven methods

There are several ways to obtain a bank guarantee. Depending on your goals, you can use the classic option, the accelerated option, or issue a guarantee remotely.

Let's look at all 3 methods in more detail.

Method 1. Classic

The classic option involves guarantees for large sums - from 20 million rubles. “Classic” is also used in cases where it is necessary to set a maximum limit on the issuance of a guarantee, or when banks simply do not provide expedited service when issuing this document.

The time for issuing the document is 2-3 weeks, depending on the status of the principal, the presence of collateral, and the terms of the contract.

Method 2. Accelerated

Expedited involves a simplified list of documents and quick consideration of the application (up to 5 working days). True, the guarantee amounts are also decreasing. The expedited procedure does not imply the receipt of a guarantee in an amount exceeding 10-15 million rubles. This option is offered by banks interested in attracting new clients.

If you act through brokers, the time frame will be reduced to 1-3 days, but the intermediaries will require additional remuneration from the applicant.

Method 3. Electronic

This is the easiest and fastest way to obtain BG. The main disadvantage of this option is the relatively small guarantee amounts ( 3-5 million rubles., in special cases – 10 million).

Documents are sent electronically, certified. The guarantee itself will also be sent to the applicant in digital form. Advantages: time consumption is reduced, there is no need to go anywhere.

Table of ways to obtain a guarantee:

3. How to get a bank guarantee - 5 simple steps

Let's move on to practice. To begin with, the applicant (principal) should assess his capabilities. A preliminary analysis will save your time and eliminate disappointments if the bank refuses to issue an application for objective reasons.

Basic conditions:

• by the time you receive the document, your company must have existed for at least 3 months (some banks insist on six months of operation);
• proportionality of the amount of the guarantee to the income of the enterprise - if a company with modest working capital requests a large guarantee, it will either be refused or required to issue a pledge;
• experience in participating in similar transactions - it is clear that not everyone has this, so this point is at the discretion of the bank.

Step 1. Select a guarantor bank

Different banks - different conditions. We need the most profitable, transparent and humane credit organizations.

Important details:

• the bank must be on the list of organizations that have the right to provide the service of providing financial statements (this list is on the website of the Ministry of Finance of the Russian Federation, please note that over the past couple of years this register has been significantly reduced);
• The easiest way is to contact the bank where your company has a current account (provided that it is on the list);
• if you have no experience in such matters, act through a broker;
• Perhaps the beneficiary himself will recommend you a credit institution - take advantage of his advice.

As a rule, financial companies work only with representatives of their region. The exception is banks that issue electronic banknotes.

Step 2. We collect documents and provide them to the credit institution

Self-registration is a troublesome task, but quite doable.

Required documents:

• application for provision of BG;
• copies of the company's charter and other constituent documents;
• “fresh” extract from the Unified State Register of Legal Entities, i.e. received no later than 30 days ago;
• documents confirming the authority of the manager (for example, a protocol on appointment to the position of general director);
• financial statements;
• document confirming contractual obligations.

The remaining papers are at the request of the bank. Each institution has its own list, so check with representatives in advance what documents are needed.

Be careful when you are offered to complete a BG using 2-3 documents in 1 day (or even in a few hours). It is likely that these are scammers or organizations that issue unofficial (gray) guarantees that are not legally binding.

What to write in the application?

Mandatory - about all subjects of the transaction, terms of the agreement, warranty cases - situations when the guarantee comes into effect. Other important points: obligations of the parties, conditions for revoking the document (if not), duration of the agreement.

Step 3. Wait for the bank’s decision

Banks do not issue guarantees to everyone. Employees of a special department examine your candidacy for reliability - much like what is done when issuing loans. The bank checks the company's documents, its financial affairs, and reputation.

A positive decision will be influenced by information about the organization’s performance of similar contracts in the past. Regular participants in government procurement do not have problems with BG, unless, of course, they have complaints from customers regarding the quality and timing of contracts.

Step 4. Agree on the draft bank guarantee and pay the invoice

If the bank approves your application, employees draw up a draft bank guarantee, which only needs to be agreed upon. Next, you pay for the services according to the contract and the procedure can be considered completed.

Step 5. Receive a warranty document

The bank issues a package of documents that contains: an agreement on the provision of a bank guarantee, the guarantee itself, an official extract from the register of bank guarantees. The last document allows you to verify the authenticity of the guarantee. The principal transfers the original BG to the customer, keeping a copy.

The procedure for obtaining a guarantee under a government contract is similar, but has some features. Such documents are most often prepared by Sberbank as the most popular and authoritative financial institution in the Russian Federation. Since the state in most situations prioritizes reliability over speed, verification of a counterparty takes longer.

Providing for national and municipal needs is regulated by Federal Law No. 44. The list of documents that the principal must provide is the most complete and quite impressive.

4. Professional assistance in obtaining a bank guarantee - review of the TOP 3 financial companies

Do you want to minimize the time it takes to obtain a warranty? Delegate this procedure to intermediaries - brokers specializing in credit and guarantee operations.

Such companies have their own channels of interaction with banks and know how to quickly collect the necessary documents and process the missing ones.

But you need to choose a reliable intermediary, and not a fraudster who will issue you a “gray” guarantee without entering it into a unified register or even disappear with an advance payment in an unknown direction. To prevent this from happening, use our expert review. It contains only verified and absolutely legal companies.

The company's slogan is “Fast. Comfortable. Reliable." Draws up BG 44-FZ, 223-FZ, 185-FZ, that is, all main types of warranty documents. The guarantee amount is up to 1 billion rubles without collateral or guarantee. Calculate the cost of services in advance using a special calculator and take advantage of the company’s favorable offers.

The bureau cooperates with 27 banks, issues a guarantee quickly and legally. Guarantees 100% positive results. Since the start of work in 2012, the company has issued more than 900 guarantees worth 9.2 billion rubles. The partners of the Bureau are VTB 24, Bank of Moscow, Sberbank, Promsvyazbank and other largest credit institutions of the Russian Federation.

The company provides guarantees for winners of government tenders. It has been operating since 2013, specializes in securing government contracts throughout Russia, and operates strictly within the framework of the law. Offers an “express procedure” for completing an application with a 95% success rate guarantee.

The process is streamlined down to the smallest detail: the applicant only needs to express a desire to receive a guarantee, everything else will be taken care of by Atlant Broker employees. The receipt procedure from start to finish is supervised by a personal manager who is not late, does not disappear and always brings the matter to completion.

Has been working in the financial market for 9 years. Helps to obtain guarantees to ensure the execution of contracts in the Moscow region and other regions. Free consultations are available to site users. Specialists will tell you what documents your company needs to register a BG and will help you issue a guarantee quickly and strictly on legal grounds.

5. When it is possible to terminate a bank guarantee - an overview of the main situations

The procedure for registering a BG and subsequent actions raise many questions among citizens who have not previously engaged in such activities.

If difficulties arise, it is better to consult with specialists than to act blindly at your own peril and risk. The best way to do this is remotely - through the portal, with which more than 18 thousand qualified lawyers from all over Russia cooperate.

Users of this site have access not only to consultations, but also to real legal assistance. Our specialists will help you prepare documents, resolve controversial issues, and even support you in court if the need arises.

Let's consider cases when it is possible to terminate the validity of a BG on legal grounds.

Situation 1. The contract has expired

The most common option is that the contract has expired. Now no one owes anyone anything. If the principal managed to fulfill all his obligations during this time, the parties go home, satisfied with each other.

If there are complaints, then they should have been resolved before the end of the warranty period. Now it is possible to demand fulfillment of obligations or payment of compensation only through court or through peaceful negotiations.

Situation 2. The guarantor bank paid the customer the full amount stipulated by the agreement

Everything is clear here too. The guarantee situation occurred, the bank paid the beneficiary the entire amount provided for in the agreement. If the customer believes that he is entitled to more, this, again, needs to be proven.

Situation 3. The beneficiary renounced the rights under the agreement

The beneficiary has waived his rights. He tore up the contract and has no complaints. This also happens. In this case, the customer returns the guarantee to the bank, and the bank cancels it.

From this material you will learn from which banks you can obtain a guarantee to secure an application or ensure the execution of a contract, what documents to prepare for this, the procedure for obtaining a bank guarantee, how long it will take to receive a bank guarantee and why the customer may not accept the document.

A bank guarantee is a written obligation of the bank to pay a certain amount specified in the guarantee to the participant in the transaction upon his request, corresponding to the conditions of the bank guarantee. Thus, the bank guarantees for the client the fulfillment of the obligation under the contract.

The bank, issuing a guarantee to secure an application or to ensure the execution of a contract within the framework of 44-FZ, assumes all the risks of the customer. This document confirms that if the winning bidder, for example, fails to fulfill its obligations, the bank will pay the customer something like an insurance amount.

True, not all banks can issue a guarantee to secure an application or ensure the execution of contracts. Obtaining a bank guarantee is possible only from financial organizations that meet the existing requirements for accepting bank guarantees for tax purposes. The list of such financial organizations is published on the website of the Ministry of Finance.

At the beginning of September, there were 272 organizations on the list. But the size of the bank and its financial performance are not the main thing in this case. It is important that the bank that issued the bank guarantee is simply on this list. The customer will not accept the guarantee if it was issued by a bank not from the approved list. This is just one of the mandatory requirements for bank guarantees established by 44-FZ.

Requirements for a bank guarantee under 44-FZ

According to Art. 45 Laws No. 44-FZ, the customer has the right to accept as security only irrevocable bank guarantees, which will stipulate the following points:

• ✔ the amount of a bank guarantee that the bank undertakes to pay to the customer in the event of violations on the part of the supplier (when securing an application, this is, for example, evasion from signing a contract, and when ensuring execution - poor fulfillment of the conditions specified in the contract, or failure to meet deadlines);
• ✔ obligations of the supplier, which are covered by the bank guarantee;
• ✔ warranty period;
• clause on payment of a penalty (0.1% of the total amount payable, for each day of delay);
• ✔ the condition according to which the fulfillment of the guarantor’s obligations under the bank guarantee is the actual receipt of money into the customer’s account;
• ✔ in the case of providing a bank guarantee as security for the execution of a contract: a suspensive condition providing for the conclusion of an agreement for the provision of a bank guarantee for the supplier’s obligations arising from the contract at its conclusion;
• ✔ a list of documents that the customer will have to provide to the bank in the event of an “insured” event.

Bank requirements for suppliers when receiving a guarantee

Despite the high competition among banks for clients, financial institutions are still not ready to take responsibility for very small or unreliable companies. After all, if the company fails to comply with the terms of the contract, the bank will have to pay the penalty to the customer, according to the mechanism of bank guarantees.

How to obtain a bank guarantee for a participant with an inaccurate balance

The participant needed to obtain a guarantee for the competition. The organization is a regular player under Law No. 44-FZ, the accountant knew the package of documents by heart. For this purchase, everything was prepared as usual - statutory documents, profit and loss statement, balance sheet. The next day I received a refusal from the bank.. A refusal to a regular client whom the bank has known for many years and to whom it has issued more than one guarantee. The director is furious, the accountant is in tears.

Find out what happened

It is not surprising that banks, for their part, impose strict requirements on companies when issuing their guarantees. As an example, here are the requirements for suppliers from one of the largest Russian banks:

• ✔ a company - a resident of the Russian Federation with annual revenues of no more than 400 million rubles;
• ✔ if a bank guarantee is issued by an individual entrepreneur, then his age must not be older than 70 years;
• ✔ there are also requirements for the period of conducting business activities (at least 12 months for seasonal activities and at least 6 months for other types of activities).

How to get a bank guarantee: step-by-step instructions

And, again, we give an example of the conditions for issuing a guarantee to secure contracts.

These are the conditions on which the State Bank is ready to issue a guarantee:

• the maximum amount of the guarantee without collateral is RUB 30 million;
• maximum warranty period – up to 36 months (about 3 years);
• issuance period – one day;
• the cost of the guarantee is 1-3% per annum of the guarantee amount.

And under such conditions a guarantee will be issued commercial Bank:

• the maximum amount of the guarantee without collateral is RUB 40 million;
• the maximum warranty period is 761 days (just over 2 years);
• issuance period – one day;
• cost of guarantee – from 10 thousand rubles. in accordance with tariffs.

Cost of obtaining a bank guarantee

How much it costs to obtain a bank guarantee depends on many factors: its type (to secure an application or to secure the execution of a contract), the validity period, the amount of the guarantee, and so on. Approximate tariffs are indicated on the websites of a number of banks, but even in this case there is a caveat: “the exact amount of the guarantee is calculated individually for each case.”

The cost of issuing guarantees is significantly influenced by whether it will be secured or not (this is the terminology of the bank itself, and not procurement laws). Let us explain: secured means issued on the security of something (deposit, real estate, car, some valuable equipment, etc.).

An example of the conditions of one of the banks: if there is security from the supplier in the form of a deposit, the fee for providing a guarantee will be 1% of its total amount. If the supplier provides an apartment, cottage, or car as collateral, the bank will ask for 2% of the total cost of the guarantee for its services. If the supplier does not provide collateral at all, the bank guarantee will cost him 3% per annum of the guarantee amount.

Why the customer may not accept the guarantee from the bank

The law gives the customer three days to review the bank guarantee provided by the supplier to ensure the execution of contracts. He must ensure the legality and legality of the document: it must be filled out properly, and the bank that issued the document must be on the list established by the state. In addition, data on the issued guarantee must be entered in a special Register of Bank Guarantees in the Unified Information System.

Also, the bank guarantee must comply with the requirements contained in the notice and documentation of the procurement, invitation to participate, documentation or draft contract, which is concluded with a single supplier (contractor, performer). Accordingly, violation of at least one of these requirements will cause the customer to refuse to accept the bank guarantee.

How can a customer check a bank guarantee?

The law allows three days for the contract manager to verify the bank guarantees provided to him. Please note that the law does not oblige the customer to perform additional manipulations and verify the authenticity and legality of bank guarantees. But why not once again insure yourself and check the document provided. How to do it?

How to check a bank guarantee of a procurement participant

To accept a bank guarantee from a procurement participant, you must find it in the register and check it. If the warranty does not contain the required information, is inconsistent with what is stated, or is fraudulent, you must reject it. We give an algorithm for all these actions.

Find out the algorithm of actions

Firstly, you need to check the bank itself that issued the guarantee. It must be on a special list of the Ministry of Finance. Let us remind you that the list of banks approved by the ministry for providing guarantees is published on its website.

Secondly, data on issued bank guarantees must be placed in the Unified Information System, in the Register of Bank Guarantees. If there is no information about the guarantee in the Register, the customer will not accept such a document and has every right not to sign the contract. Except in cases where the application or contract contains information secret to the state. Information about such guarantees is entered into a special closed register of bank guarantees.

Third, it is recommended that you carefully read what is written in the warranty itself. In particular, the text of the guarantee must indicate the condition of its irrevocability, as well as the amount of security, the obligations of the recipient, the validity period and other conditions in accordance with 44-FZ.

Let's summarize

In addition to the question “How to obtain a bank guarantee,” the supplier should also be faced with the task “Where?” Services for issuing guarantees to secure an application or ensure the execution of a contract are available in almost all large and many small regional banks. The scheme for issuing a document is quite transparent; banks, as a rule, set the conditions for providing a guarantee individually, based on the needs of each client.

If difficulties arise or there is an urgent need for a document, you can always seek help from consulting companies who, thanks to constant market analysis, will be able to select the best option. It is important to always check that both banks and the guarantees they issue comply with the requirements of 44-FZ.

The most current news and expert explanations on pressing topics in the field of public procurement in the magazine “Goszakupki.ru”

Taking into account the economic situation in the country, bank guarantees have become an effective mechanism for business development. But few people are familiar with all the nuances of such an agreement.

About, how to get a bank guarantee and what it is, we’ll talk about it in this article.

Bank guarantee: content and participants

A bank guarantee is the obligation of a bank or other credit institution to reimburse the lender for the amount of material assets in the event of a violation by the customer of the terms of the contract.

A bank guarantee is issued under the following circumstances:

• To receive a government order– the state needs confirmation that the contract will be fulfilled within the specified time frame.
• To participate in a tender for the provision of goods and services– a company that wants to win the competition and receive an order must provide proof of its solvency.
• To conclude a contract for the performance of work or services with a private organization– in this case, the document confirms the reliability of the company.

Simply put, a bank guarantee is a tool used in business to enforce the terms of an agreement or contract.

In cases where the customer appears to the lender to be insufficiently reliable and solvent, the latter may require him to provide security. In this way, the lender will protect itself from loss of money if the customer is unable to fulfill the contract.

The participants in the operation to conclude this agreement are:

• Guarantor – bank or insurance institution, which in writing guarantees the fulfillment of all terms of the contract.
• Beneficiary is an individual or legal entity requiring the issuance of a guarantee to fulfill the requirements of the contract.
• Principal is an individual or legal entity that needs a guarantee.

It is important to know that the guarantor considers the application for the issuance of security in connection with the application of the principal, and not the beneficiary.

The beneficiary obliges the principal to provide him with bank collateral, which will serve as a guarantee for the fulfillment of all circumstances of the agreement. If the principal violates the contract, the beneficiary will receive financial compensation in the amount specified in the contract.

Since the principal is the person requiring the guarantee, he will pay a fee to the bank for providing the guarantee.

All participants in this operation enter into an agreement, which is drawn up in writing and looks like this.

Bank guarantee: sample

In order to agree on all the nuances between the parties to the transaction, it is not enough to fill out a standard form. It is necessary to draw up an agreement in which all warranty conditions will be included.

Bank guarantee agreement

According to the current legislation of the Russian Federation, a bank guarantee agreement must be drawn up in writing between the guarantor and the principal.

Mandatory conditions that the contract must contain:

1. Information about the parties to the banking transaction.
2. A copy of the main obligation agreement is an agreement or contract for the fulfillment of the terms of which a guarantee is provided.
3. The amount of money that must be paid in the event of a breach of contract.
4. Validity period of the receipt.
5. The amount of remuneration of the credit institution.

After agreeing on all the nuances, the guarantee issued, for example, by Sberbank of Russia, looks similar.

Bank guarantee: example

How to get a bank guarantee?

The process of registration and issuance of a document begins with the provision of papers necessary to conclude a transaction.

The package of documentation that needs to be provided to the bank is similar to the list required to apply for a loan.

To obtain a bank guarantee, the following documents are required:

• Application for a guarantee - an application is submitted by the principal in the form determined by the credit organization or banking institution.
• Information about an individual or legal entity is personal identification documents, as well as copies of the constituent papers of the company that needs the assignment.
• Document on opening a current account - most often the bank that is the guarantor requires opening an account in the same bank.
• Collateral – a deposit or collateral is not a requirement unless large sums are involved.

The company's financial statements are documents that serve as confirmation of the principal's solvency, as well as the company's financial statements for a certain period of time (per year).

It is important to consider that at the time of submitting documents, the company must have been operating for at least 3 months.

• A document confirming the guarantee of the company's owners - the presence of such a document is mandatory in most credit institutions, and sometimes replaces the presence of collateral or a deposit.

The step-by-step process of obtaining a guarantee consists of 5 steps:

Such steps are standard when receiving such a document. But you can obtain security in two ways, depending on which the registration scheme may be simplified.

Method number 1. Obtaining a bank guarantee yourself.

This method provides that you yourself, without resorting to the help of brokers, will deal with obtaining a guarantee. The matter is relatively simple and, at first glance, this solution is optimal.

But if we consider the nuances, this option will turn out to be problematic.

Disadvantages of issuing a bank guarantee on your own:

• Waste of time searching for a bank and collecting the necessary documentation.
• The waiting time for the application to be reviewed by the bank will be 2-3 weeks.
• Providing collateral is mandatory.

If you have enough time and are confident in your ability to get a positive decision from the bank, then you can ignore these shortcomings.

But if time is short, then it is better to use the second method.

Method number 2. Obtaining a guarantee with the help of an intermediary (broker).

In most cases, people are highly distrustful of the services of intermediaries or brokers. But in this case, turning to a specialist for help is a rational decision.

Advantages of obtaining collateral through an intermediary:

1. Help in choosing a suitable bank.
2. Professional assessment of your solvency and assistance in collecting a package of documents.
3. The application review time is reduced to 5-7 working days.
4. No need to provide collateral.
5. Possibility to avoid creating a current account.

This method really has a lot of advantages, but here it is important to contact trusted brokers in order to avoid cooperation with unscrupulous organizations.

Method No. 3. Registration of a bank guarantee using a practical example.

As a rule, paperwork with the help of intermediaries allows you to create an application on the Internet, that is, online.

Let's look at the action plan using the example of the popular Russian service https://otc.ru.

After submitting the documentation, your application is submitted for review. Next, the organization’s managers will contact you to clarify the nuances and inform you about the decision made.

Which of the two methods to choose is up to you. Make a decision based on your capabilities and the time you have.

Cost and validity period of the bank guarantee

The validity period of the bank guarantee is established by the parties to the transaction and is specified in the current agreement. This can be either a specific number or the moment of the occurrence of a certain phenomenon (for example, fulfillment of all terms of the contract).

As a rule, this validity period coincides with the validity period of the main contract for the fulfillment of the terms of which it is drawn up.

The current law of Russia establishes that the duration of the guarantee is regulated by the parties to the transaction, but this period must exceed the period of validity of the main contract by at least one month.

This is due to the fact that during the execution of the contract various force majeure circumstances may occur, which will automatically extend the contract. This, in turn, will entail the need to extend the warranty period.

The entry into force of the guarantee coincides with the moment of its issuance.

There are a number of factors that can change the duration of the guarantee:

• Changes in the period of validity of a government contract– if the validity period of such a contract has increased, you must contact the bank to extend the security.
• Early fulfillment of contract terms– in such cases, the guarantee may be terminated in advance.
• Renewal of the contract every year, provided that the duration of the main contract is several years.

If none of the above happened, then the warranty period remains unchanged and is as specified in the contract.

The cost of a bank guarantee depends on a number of circumstances:

Amount of the guarantee amount.

Generally, the bank's interest rate ranges from 2 to 8%. But if the amount is very large, the bank may require a high percentage - up to 10%.

No collateral.

The absence of collateral directly affects the cost of the transaction. Usually, in the absence of collateral, the cost increases by 5%, and sometimes by half the amount.

Validity.

The longer the validity period, the more remuneration the bank or other organization will require.

She looks like this:

Initial maximum contract price (IMCP) × collateral amount (%) × bank interest rate (%) × contract period = guaranty value.

Let's consider this calculation using an example:

Let's say you get a contract to renovate a school. NMCC in this case is 50 million rubles. The amount of the deposit specified in the contract is 30%. The bank interest rate is 5%. The validity period of the contract, that is, the period during which you must complete the repairs, is 1 year.

Let's do the calculation:

50,000,000 × 30% × 5% × 1 = 750,000 rubles

Using the formula, we calculated that the cost of the bank guarantee will be 750 thousand rubles. Of course, for a correct and accurate calculation, you must enter the correct data specified in your contract.

How to check the authenticity of a bank guarantee?

Bank guarantee - what is it and what is it for?

Unfortunately, these days there are many unscrupulous organizations and credit institutions that want to issue fake bank paper and receive their ill-gotten rewards.

To prevent this from happening, you should be careful about the intermediary organizations that you trust to receive a bank guarantee.

What you should pay attention to and how to act in order not to receive an unreliable document:

• If you decide to use the services of an intermediary, check whether the organization is reputable. Request incorporation documents.
• The same applies to the guarantor of this transaction. Choose trusted banks and also check their licenses.
• Remember that each guarantee has its own number in the register and is always printed on the letterhead of the credit institution. This form must have information identifying the bank and a seal.
• In order to complete the transaction, the bank will definitely require the originals of your documents. Do not trust organizations that only ask you for copies of documents and provide a guarantee within a few hours. The bank needs at least a few days to review and verify the documents.

But if you have already been issued a guarantee and you doubt its authenticity, you should contact the guarantor bank and clarify all the details. True, this information is confidential, so a legitimate organization is unlikely to provide you with such data.

Therefore, you should visit this bank or send your request by registered mail. By letter, not by email!

You can also check the authenticity of the issued document using the site
http://zakupki.gov.ru/epz/bankguarantee/quicksearch/search.html.

This option is a simple way to check a bank guarantee.

If your contract turns out to be fake, contact the authorized authorities. You can initiate a criminal case, taking into account Article 159 of the Criminal Code of the Russian Federation, and receive an original document within 10 days.

After analyzing what a bank guarantee is, what its validity period is and its cost, you can decide whether you need it. If your situation requires this agreement, explore ways to How can I get a bank guarantee?, choosing the most suitable option.

And never forget to be careful about the authenticity of documents in order to avoid unpleasant situations.

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Every time a customer enters into a contract, he runs the risk that the contractor will perform poor-quality work or not do it at all. To insure against such cases, he must specify contract security. Read on for more details on how to do this.

For whom

Guarantee of fulfillment of contract terms is usually required in government procurement contracts. Before entering into an agreement, the winning bidder must prove his/her trustworthiness. How to do it? You must provide a deposit in the form of 30% of the contract price, which will be returned to the contractor upon completion of the work. Such a bank guarantee to ensure the fulfillment of the contract can save a company that does not have extra millions in its accounts. How to complete this operation correctly?

Types of collateral

Deposit of funds - before concluding a contract, the supplier must transfer to the customer’s account an amount of money in the amount established by the tender documentation. This amount is “frozen” until the agreement ends. But this is not a deposit; interest is not charged on the balance.

A bank guarantee to ensure the performance of a contract is a written statement by the bank to fulfill all obligations of the principal. If the contractor fails to complete the task, the bank will transfer to the customer the amount specified in the contract. The guarantee is subject to mandatory registration in the register. The interest for its servicing is usually 2-5% of the security amount.

The essence of a bank guarantee

The winning company of the state tender is obliged to provide security before concluding the contract. Otherwise, it will be considered that she is avoiding signing the documents. The terms of the bank guarantee provide that in case of failure to fulfill the contract, the customer can contact the bank for payment of money. The credit institution collects the amount from the contractor, who must return the funds to the bank or provide collateral.

Types of bank guarantees

• Tender. Participants in the competition must provide application security in the form of a guarantee (if the auction was not conducted electronically, by transferring funds to the customer’s account). It confirms that, if successful, the bidder will not refuse to enter into the contract.
• A bank guarantee to ensure the execution of a contract protects the buyer from unscrupulous counterparties. If the terms of the contract are fulfilled poorly or the contractor refuses to provide the goods, the bank will refund the funds to the injured party.
• Advance refund guarantee. If the initial price of the contract is more than 50 million rubles, then the customer must provide security for the execution of the contract in the amount of 10-30% of the initial cost (NMCC), but not less than the amount of the advance. If the prepayment exceeds 30% of the NMCC, then the amount of security is equal to the advance.

Legislative regulation

How is a bank guarantee regulated? 44-FZ dated 04/05/13. It spells out new legal relations in the field of public procurement. The document was created based on a detailed analysis of the current procedure. The new rules meet government needs and have significantly improved the usability of the law.

To ensure fulfillment of obligations, the winning bidder may transfer funds to the customer's account or provide a guarantee. The actions of the auction organizer are also limited by legal framework. Application requirements must be specified in the tender documentation.

A bank guarantee is a convenient way to secure. The contractor needs to study the requirements in detail. If the provided guarantee does not meet them, the customer has the right to refuse to conclude the transaction.

Bank guarantee period

Tender security must be valid for 2 months after the deadline for accepting applications. The guarantee for securing the contract and for the return of the advance payment must be 1 month longer than the contract period. The countdown usually begins from the moment the documents are signed, unless other deadlines are specified in the contract.

Warranty Features

1. A credit institution or insurance company acts as a guarantor for the transaction.
2. The principal pays a fee for issuing security.
3. The bank guarantee cannot be revoked under any circumstances.
4. The right of claim belonging to the beneficiary cannot be transferred to a third party.

Size

The maximum and minimum security amounts are set in advance by the customer and specified in the documentation. The rate is calculated as a percentage of the initial maximum price (IMCP). It varies in the range of 0.5-30%, but should not be less than the advance payment. Let's take a closer look. What kind of bank guarantee can there be?

• 44-FZ stipulates that the tender security must cover 0.5-5% of the NMCC. If the price is less than 1 million rubles, then 1%. The maximum threshold can be reduced to 2% in the cases prescribed in clause 15 of 44-FZ.
• The performance guarantee must cover 5-30% of the NMCC. If the initial cost is more than 50 million rubles. - 10-30%. If the terms of the contract provide for prepayment, then the amount of the guarantee cannot be less than the advance payment.
• If the supplier’s bid has decreased by 25%, the supplier can provide security with 1.5 times the amount specified in the contract, provided that it does not exceed the amount of the advance.
• The guarantee for the return of the advance payment must exceed the amount of the advance payment.

Exceptions

In some cases, the bidder is exempt from providing a guarantee. For example, if the supplier is the state or a municipal institution, security for fulfilling the terms of the contract is not required. Customers may exempt performers from providing security if:

• the contract amount is less than 100 thousand rubles;
• the purchase of cultural property and weapons is carried out;
• the contract is concluded with the monopolist.

Requirements

Not every credit institution can provide financial security to the performer. Banks issuing bank guarantees are subject to inclusion in the list of organizations that meet the requirements for tax purposes. The register is maintained by the Ministry of Finance and the Central Bank. In 2016, it included 301 credit institutions. These are banks with a stable position, complying with all regulations, having a license to carry out such operations and an equity capital of more than 1 billion rubles. The validity of a bank guarantee is confirmed by its inclusion in a special register. Security that is not properly registered is not accepted by the customer. Another requirement is that the guarantee must be irrevocable, that is, under no circumstances will the bank be able to revoke it.

The bank's written commitment must include a list of bank guarantees and the amount of security. If the deadline for fulfilling the contract is delayed, the bank must pay a penalty of 0.1% per day of missed fulfillment of obligations. This condition must be stated in the contract. It also contains the obligations of the contractor, the validity period of the document, and a list of documents provided by the customer.

Advantages and Disadvantages of Warranty

If the security is carried out by direct transfer of funds to the customer’s account, the contract will be concluded faster. But then the contractor will have a large amount withdrawn from circulation for an indefinite period of time (the deal can last several years). Not every organization can afford this. A bank guarantee helps solve this problem. Its design takes a lot of time. The service is not cheap. But issuing a guarantee allows you to avoid large investments.

Obtaining a guarantee

There are several ways to apply for a guarantee. Depending on the urgency of the application and the amount of the contract, banks offer these methods of obtaining collateral.

Electronic

A bank guarantee to ensure the execution of a contract, application or return of an advance is issued through the TenderHelp service. All you need to do is collect and upload documents, register on the website and send an application to the bank. The timing of document review depends on the NMCC:

• up to 5 million rubles - 3 hours;
• up to 15 million - up to 12 hours,
• more than 15 million - 3 days.

The bank guarantee is also provided in electronic form.

Classical

If we are talking about issuing collateral for a large amount (more than 20 million rubles) or there is a limit on the issuance of guarantees, then all documents will have to be handed over to a bank employee. This method is also used by organizations that do not have programs for accelerated issuance of guarantees in their product line.

Accelerated

This method is used by banks that want to attract new customers. Special programs spell out clear “entry” conditions, a fixed list of documents, and coordinated actions between departments. Under such conditions, the processing time for documents does not exceed 5 days, but transactions are considered within the range of 10-15 million rubles.

Additional terms

A guarantee is requested if the company has an unsatisfactory financial condition or turnover does not meet the requirements of the guarantee. Without collateral, representatives of small and medium-sized businesses can receive 500-700 thousand rubles. But the guarantee of the company’s owners is a mandatory condition for all banks.

Opening a bank account and conducting transactions through it is one of the key conditions for some organizations. If it is not fulfilled, then the client can count on an amount of no more than 10-15 million rubles.

Documentation

Let's look at the basic documents required to issue a guarantee. This list is not exhaustive, since each bank may have its own requirements for the client.

• Statement of guarantee.
• Information about the applicant company.
• A copy of the statutory documents (TIN, OGRN).
• An extract from the Unified State Register of Legal Entities received no more than 30 days before submitting the application.
• Copies of the order on the appointment of a manager.
• Copies of powers of attorney.
• Accounting statements: balance sheet and income statement; for individual entrepreneurs - tax return according to the simplified tax system, extract from the income book, declaration 3-NDFL).
• Competition documentation, procurement number, protocol on recognizing the winner, draft contract.

Some documents, for example, an extract from the Unified State Register of Legal Entities, must be up to date. Therefore, active tenderers should regularly update the basic package of documents.

How to choose a bank?

As mentioned earlier, not every bank can provide guarantees. Therefore, after studying the terms of service of a credit institution, you need to check whether it is listed in the register approved by the Ministry of Finance. When choosing a specific institution, you should also pay attention to the region of its presence. Even if a credit institution issues guarantees electronically, it is not a fact that it cooperates with clients from other areas.

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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 security 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.