Extract from the register of bank guarantees. On the procedure for maintaining a closed register of bank guarantees
Ministry of Finance of the Russian Federation
FEDERAL TREASURY
On the procedure for maintaining a closed register of bank guarantees
In order to carry out explanatory work on the formation and maintenance of a closed register of bank guarantees, the Federal Treasury sends clarifications on the application of provisions (hereinafter referred to as Order No. 164n), prepared on the basis of questions from credit institutions voiced during a meeting with representatives of the Ministry of Finance of the Russian Federation, the Federal Treasury and banking community, held on March 10, 2016.
1. How can a credit institution obtain information that an application and (or) contract contains information constituting a state secret, which is the basis for generating information about the issued bank guarantee for inclusion in the closed register of bank guarantees?
In accordance with paragraph 8.1 of Article 45 of the Federal Law of 04/05/2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" information on bank guarantees provided as security for applications and execution of contracts, if such applications and (or) contracts contain information constituting state secrets, they are included in the closed register of bank guarantees.
Taking into account the above, the above information is available exclusively to the principal.
Accordingly, when issuing a bank guarantee to a credit institution, in addition to the basic details required directly for the formation of a bank guarantee, it is necessary to obtain from the principal information about the fact (without details and explanations) of the presence in the application and (or) contract of information constituting a state secret.
2. What classification of secrecy is assigned to information about an issued bank guarantee?
In accordance with -12 of the Law of the Russian Federation dated July 21, 1993 N 5485-1 “On State Secrets” (hereinafter referred to as Law N 5485-1), classification of information is carried out upon the proposal of the owners of the information or the relevant government authorities.
In accordance with Article 11 of Law N 5485-1, the basis for classifying information obtained (developed) as a result of managerial, production, scientific and other types of activities of government bodies, enterprises, institutions and organizations is their compliance with those acting in these bodies, on the data enterprises, in these institutions and organizations lists of information subject to classification. When this information is classified, its carriers are assigned the appropriate classification of secrecy.
In accordance with Article 12 of Law N 5485-1, information containing state secrets is marked with details, including the degree of secrecy of the information contained in the medium, with reference to the relevant paragraph in force in a given government body, at a given enterprise, in a given institution and organizing a list of information subject to classification.
Thus, in accordance with -12 of Law N 5485-1, the classification of secrecy is assigned by the bank in accordance with those classifications of secrecy that:
assigned by the owner of the information in accordance with the list provided by the principal and used to generate information about the issued bank guarantee;
assigned information in accordance with the list of information subject to classification within the credit institution itself. Accordingly, the responsibility for indicating the classification of secrecy lies with the credit institution.
3. Is it necessary to indicate the classification of secrecy in information about an issued bank guarantee?
Territorial bodies of the Federal Treasury do not have the right to refuse to include in the closed register of bank guarantees Information about an issued bank guarantee that does not contain information constituting a state secret.
4. Is it possible to assign information about an issued bank guarantee that is subject to inclusion in the closed register of bank guarantees with the restrictive mark “For official use”?
The procedure for using and applying the restrictive mark “For official use” is established by the Regulations on the procedure for handling official information of limited distribution in federal executive authorities and the authorized body for managing the use of atomic energy, approved by Decree of the Government of the Russian Federation dated November 3, 1994 N 1233.
At the same time, the possibility of including in the closed register of bank guarantees information about an issued bank guarantee with the restrictive mark “For official use” is not provided for by the current procurement legislation in the Russian Federation.
Thus, if a credit institution submits to the territorial body of the Federal Treasury information about an issued bank guarantee with the restrictive mark “For official use,” such information must be returned in the prescribed manner without execution, with a protocol attached indicating the reason for the refusal - “non-compliance with the requirements of Order No. 164n” .
5. To which territorial body of the Federal Treasury do branches of credit institutions provide information for inclusion in the closed register of bank guarantees?
Information about the issued bank guarantee is provided by the credit institution at its actual location. Accordingly, branches of credit organizations provide information about the issued bank guarantee to the territorial body of the Federal Treasury at the location of the branch, credit organizations whose actual address differs from the legal one, provide information about the issued bank guarantee to the territorial body of the Federal Treasury at the location of the actual address.
6. How is information to be included in the closed register of bank guarantees submitted to the territorial bodies of the Federal Treasury?
Information for inclusion in the closed register of bank guarantees is accepted by the territorial bodies of the Federal Treasury on paper with the attachment (if possible) of a machine medium. The possibility of sending information about an issued bank guarantee in electronic form using an electronic signature through a personal account in a unified information system in the field of procurement by Decree of the Government of the Russian Federation dated November 8, 2013 N 1005 "On bank guarantees used for the purposes of the Federal Law "On the contract system in the field procurement of goods, works, services to meet state and municipal needs" and Order No. 164n is not provided for.
Taking into account the above, information to be included in the closed register of bank guarantees is submitted to the territorial bodies of the Federal Treasury in the following ways:
by postal service - for information that does not contain information constituting a state secret;
through courier communication - both for information that does not contain information constituting a state secret, and for information containing information constituting a state secret;
personally, by providing the required package of documents on purpose directly to a territorially remote department or the Administrative Department of a territorial body of the Federal Treasury - for information that does not contain information constituting a state secret, or to the Department of the Secrecy and Information Security Regime of a territorial body of the Federal Treasury - for information containing information , constituting a state secret.
At the same time, information that does not contain information constituting a state secret can be submitted both to the Federal Treasury departments for the constituent entities of the Russian Federation and to geographically remote departments of the Federal Treasury departments for the constituent entities of the Russian Federation; information containing information constituting a state secret - only to the departments of the Federal Treasury for the constituent entities of the Russian Federation (geographically remote departments of the departments of the Federal Treasury for the constituent entities of the Russian Federation are not authorized to receive information containing information constituting a state secret).
7. Is it allowed to submit a notarized copy of the power of attorney to the territorial body of the Federal Treasury? Does the Federal Treasury body return the submitted power of attorney after the information is included in the register?
If information about an issued bank guarantee is signed by an authorized person, either the original or a notarized copy of the power of attorney for the authorized person is presented. Order No. 164n does not provide for the return of a power of attorney (a notarized copy of a power of attorney) in the event of a positive result of verification by the territorial bodies of the Federal Treasury of information about the issued bank guarantee.
At the same time, the territorial bodies of the Federal Treasury, based on the principle of one-time submission of information, do not have the right to demand the repeated submission of a power of attorney (a notarized copy of the power of attorney) previously submitted as part of a correctly executed package of documents.
8. How does the territorial body of the Federal Treasury return the second copy of information on paper?
In accordance with Order No. 164n, in the territorial bodies of the Federal Treasury, orders appoint responsible persons for receiving, registering a package of documents submitted for inclusion of information about the issued bank guarantee in the closed register of bank guarantees and filling out the section “Mark of the territorial body of the Federal Treasury on assigning a registration number of information, information about the issued bank guarantee (its change) subject to inclusion in the closed register of bank guarantees" (hereinafter - the Mark).
When receiving information about an issued bank guarantee (for public information) from a representative of a credit institution (courier), an employee of the territorial body of the Federal Treasury:
accepts a package of documents;
in the presence of a representative of the credit institution (courier), ensures the affixing (without checking the package of documents for compliance with the requirements of Order No. 164n) on two copies of the corresponding Mark provided for in the form established by Order No. 164n;
returns one copy of the information with a Mark to the representative of the credit institution (courier) against signature on the second copy of the information.
In other cases, one copy of information about the issued bank guarantee with a mark is sent to the credit institution along with the results of checking the package of documents by an official letter from the territorial body of the Federal Treasury via postal or courier service.
9. How does the territorial body of the Federal Treasury send the extract and protocol?
In accordance with paragraph 40 of Order No. 164n, information from the closed register of bank guarantees containing information constituting a state secret is sent by the Federal Treasury to the guarantor, principal, beneficiary, government body (local government body) using federal courier communications, respectively.
Similarly, via postal service or courier service (depending on the presence of information constituting state secrets in the information on the issued bank guarantee), the territorial body of the Federal Treasury sends an official covering letter on the letterhead of the territorial body of the Federal Treasury signed by an authorized person:
an extract from the closed register of bank guarantees if the verification of the package of documents is positive;
a protocol indicating the reasons for the return with the attachment of a package of documents submitted by the credit institution - if the result of checking the package of documents is negative.
Copies of the letter with the results of processing the package of documents submitted by the bank are stored in the Federal Treasury.
If the extract or protocol does not contain information constituting a state secret, the territorial body of the Federal Treasury provides notification by telephone about the preparation of an extract or protocol from the closed register of bank guarantees of the responsible employee of the credit institution specified in the request, with the obligatory recording of the full name of the specified employee and the date notifications in the internal journal of the territorial body of the Federal Treasury.
10. What is the procedure for processing requests for an extract from the closed register of bank guarantees in the territorial bodies of the Federal Treasury?
Processing of requests for an extract from the closed register of bank guarantees is carried out in a manner similar to the procedure for processing information about an issued bank guarantee.
At the same time, the provision of an extract based on a request is carried out by territorial authorities, taking into account the following features:
If the request indicates the method of obtaining the document “In person at the territorial body of the Federal Treasury specified in the request,” the extract is issued to the manager indicated in the Unified State Register of Legal Entities, or authorized by the head of the credit institution that has the right to receive such information, to the person who submitted the corresponding request on paper only if it does not contain information constituting a state secret;
the territorial body of the Federal Treasury provides notification via telephone about the preparation of an extract from the closed register of bank guarantees of the responsible employee of the credit institution specified in the request, with the obligatory recording of the full name of the specified employee and the date of notification in the internal journal of the territorial body of the Federal Treasury;
the extract, if the request indicates the method of obtaining the document “In person at the territorial body of the Federal Treasury specified in the request,” is not sent to the credit institution by post or courier;
in accordance with Article 10 of Law N 5485-1, a full extract from the closed register of bank guarantees is provided by the territorial body of the Federal Treasury indicating a secrecy stamp similar to the secrecy stamp of the information provided about the issued bank guarantee (its change), and an abbreviated extract from the closed register of bank guarantees - on purpose or through postal and courier services in the manner prescribed for processing information that does not constitute a state secret.
11. On the basis of what documents and how are the powers of the person acting on behalf of the territorial body of the Federal Treasury confirmed when signing an extract, protocol, affixing a registration mark and a mark on inclusion in the closed register of bank guarantees in the information about the issued bank guarantee?
Persons acting on behalf of the territorial body of the Federal Treasury are appointed by order of the territorial body of the Federal Treasury (not posted in open sources and not provided at the request of a credit institution).
At the same time, the above order establishes the procedure for filling out the Mark section and the section “Mark of the territorial body of the Federal Treasury on receipt of a request for an extract from the closed register of bank guarantees” in Appendix No. 4 to Order No. 164n.
At the same time, in accordance with the norms of internal document flow of territorial bodies of the Federal Treasury, the right to sign a document prepared on the form of a document of a territorial body of the Federal Treasury has the head of the territorial body of the Federal Treasury and/or deputy heads of the territorial body of the Federal Treasury (if the specified powers are vested in the order on the distribution responsibilities between the head and deputy heads of territorial bodies of the Federal Treasury), and in territorially remote departments of the Federal Treasury Directorates for the constituent entities of the Russian Federation - heads of departments.
12. To what address of the credit institution are statements and protocols sent?
If information about an issued bank guarantee is provided without a covering letter, statements and protocols are sent to the address specified in the credit institution's address data in Appendix No. 1 to Order No. 164n (unless otherwise specified in the covering letter submitted to the territorial body of the Federal Treasury).
At the same time, the territorial bodies of the Federal Treasury do not have the right to require the submission of a covering letter as part of a set of documents submitted for inclusion in the closed register of bank guarantees, since in Order No. 164n the covering letter is not included in the list of documents submitted for inclusion of information in the closed register of bank guarantees .
13. Where and how can I obtain information about the delivery/non-delivery of a package of documents to the territorial body of the Federal Treasury, information about the progress of the execution of documents?
Information about the delivery/non-delivery of a package of documents, as well as information about the registration number of the document, the responsible executor of the territorial body of the Federal Treasury can be obtained from an employee of the Administrative Department, the Department of Secretarial Regime and Information Security (depending on the presence/absence of information constituting a state secret in the submitted information), by telephone numbers indicated on the official websites of the territorial bodies of the Federal Treasury on the Internet.
Information on the progress of implementation can be obtained from the responsible employee of the territorial body of the Federal Treasury.
14. Where can I quickly get advice on the preparation of documents to be included in the closed register of bank guarantees, submission of documents, and organizational issues of maintaining a closed register of bank guarantees?
At the Federal Treasury forum at forum.roskazna.ru in the section Methodological Cabinet/Register of Bank Guarantees, employees of the central office of the Federal Treasury carry out operational interaction on issues of maintaining a closed register of bank guarantees.
15. What mark is affixed by the territorial body of the Federal Treasury upon receipt of Information about the issued bank guarantee?
Upon receipt of Information about the issued bank guarantee, the responsible employee of the territorial body of the Federal Treasury fills out the Mark section and affixes the seal of the territorial body of the Federal Treasury:
“For packages” with the corresponding stamp copy number (in the case of submitting information that is subject to inclusion in the closed register of bank guarantees and does not contain information constituting a state secret);
“For packages” with the corresponding stamp copy number (in the case of submitting information to be included in the closed register of bank guarantees containing information constituting a state secret).
16. Is special software currently available that allows for the electronic generation of information to be included in the closed register of bank guarantees?
Special software will soon be posted on official resources on the Internet information and telecommunications network. Taking into account the ongoing activities to develop a scheme for integrating special software with the application software "Automated System of the Federal Treasury", territorial bodies of the Federal Treasury should not refuse to accept information that is not generated in special software, provided that a paper copy is available. Information about the completion of the special software will be sent additionally by the Federal Treasury.
At the same time, the Federal Treasury reports that a video recording of the broadcast of a meeting with representatives of the Ministry of Finance of the Russian Federation, the Federal Treasury and the banking community on maintaining a closed register of bank guarantees, held on March 10, 2016, is posted on the Federal Treasury forum in the “Register of Bank Guarantees” section, open on official website of the Federal Treasury on the Internet information and telecommunications network www.roskazna.ru.
R.E.Artyukhin
Electronic document text
prepared by Kodeks JSC and verified against:
official website of the Russian Treasury
www.roskazna.ru
as of March 29, 2016
The issuance of bank guarantees for participation in closed tenders is associated with a number of specific nuances. Dealing with them is sometimes difficult. Especially if you are dealing with sealed auctions for the first time. In the TenderHelp online service you can obtain bank guarantees, including for participation in such auctions. Therefore, below we will consider when closed bidding is held, what are the specifics of issuing bank guarantees for such contracts, etc.
What is sealed bidding
Legislation in the field of public procurement is aimed at creating transparency of the procedure and supporting competition. That is, to ensure that information about the auction is open and the circle of potential participants is not artificially limited. But in some cases, the customer may conduct closed bidding. For example, if his activities are related to state secrets.
The possibility of holding closed and open auctions is provided for in Art. 448 of the Civil Code of the Russian Federation. Any legal entity or individual entrepreneur who learns about the auction from open sources can participate in open auctions. In closed auctions, the organizer does not publish information about the auction, but invites legal entities and/or individual entrepreneurs to participate in the auction. Cases when it is possible to conduct closed tenders are regulated by separate federal laws within the framework of which state tenders are held.
Closed bidding under 44-FZ
Within “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” a significant part of state and municipal tenders is carried out. An important difference between bidding under 44-FZ is that all of its details are clearly regulated. According to 44-FZ, a closed auction is held only in the following cases (Article 84, paragraph 2):
- If goods and services are purchased for federal needs, information about which is a state secret. The company participating in the procurement must have access to state secrets.
- If goods and services are being purchased for federal needs and the procurement documentation itself contains state secrets. In this case, potential participants also require access to state secrets.
- When purchasing cleaning services and driving services for the needs of bailiffs and judges.
- When purchasing transport, insurance and security services when transporting to exhibitions, for temporary use, etc., valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation, museum objects, rare manuscripts, valuable archival documents, etc.
- A bank guarantee for participation in both closed and open auctions under 44-FZ must comply with the requirements of Art. 45 44-FZ.
Closed register of bank guarantees under 44-FZ
Information on guarantees issued for participation in tenders and signing contracts under 44-FZ must be included in the register of bank guarantees http://zakupki.gov.ru/epz/bankguarantee/quicksearch/search.html (Article 45 44- Federal Law). But if the auction is related to state secrets, then the guarantee data is entered into the closed register of bank guarantees (clause 8.1 of Article 45 of 44-FZ). The maintenance of a closed register is regulated by Order of the Ministry of Finance of the Russian Federation No. 164n dated October 22, 2015. The same information about the guarantee is entered into the closed register as in the open register (listed in clause 9 of Article 45 of the 44-FZ).
As explained in letter of the Federal Treasury No. 07-04-05/03-180 dated March 17, 2016, the executor of the contract (principal) must notify the bank that the application and/or contract contains information that constitutes a state secret. Without specifying this information. The bank must be notified when applying for a bank guarantee. After issuing a guarantee, the bank sends information about it to a closed register. The executor of the contract (principal), together with the bank guarantee, receives an extract from the register (clause 8 of article 45 of 44-FZ).
Closed bidding under 223-FZ
According to 223-FZ “On the procurement of goods, works, services by certain types of legal entities”, goods and services are purchased for state-owned companies, municipal unitary enterprises, state unitary enterprises, natural monopoly companies, and their subsidiaries. According to 223-FZ, closed auctions can be organized:
- If the procurement notice or tender documentation contains information related to state secrets. Only persons with access to state secrets can participate in such orders.
- If, according to a decree of the government of the Russian Federation, a specific purchase is not subject to posting on the EIS website (zakupki.gov.ru), although it is not related to state secrets (clause 1 of Article 16 223-FZ).
- If, according to a decree of the government of the Russian Federation, information on the purchase of these goods or services is not subject to posting on the EIS website, it does not apply to state secrets (clause 2 of Article 16 223-FZ).
223-FZ does not directly specify the requirements for guarantor banks and bank guarantees for participation in tenders and concluding contracts. Including closed auctions. But the customer (beneficiary) can himself indicate certain requirements for the bank and guarantees in the tender documentation. Therefore, when participating in tenders under 223-FZ, it is important to carefully study the security requirements given in the tender documentation.
Benefits of obtaining a bank guarantee for sealed tenders using the TenderHelp online service
- Not all credit institutions issue guarantees for participation in closed auctions. Banks cooperate with the TenderHelp online service and issue such guarantees.
- You can quickly and easily obtain bank guarantees for participating in tenders and signing contracts under 44-FZ, 223-FZ, 185-FZ, 207-PP.
- Some TenderHelp partner banks can issue a bank guarantee to companies without experience working under government contracts (provided the organization is in a stable financial position).
- In the TenderHelp system for an express product, the limit for a borrower to receive a bank guarantee is 33.5 million rubles. The total limit is more than 250 million.
- According to the terms of TenderHelp partner banks, the guarantee period can be up to 5 years.
Bank guarantee for participation in closed auctions using the TenderHelp online service - reliable, prompt, profitable!
Register of bank guarantees - This is a list of guarantees issued by banks.
Within the framework of 44-FZ and 185-FZ, the bank that issued the guarantee is obliged to place information about it in the register of bank guarantees within 1 business day. It was created to simplify and speed up verification of the legitimacy of guarantees by customers. The register is posted on the official website of the unified information system.
Important: as of July 1, 2018, information from the register is no longer published in the public domain. Now this information is hidden and available only to the customer and authorized representatives of the bank in the personal account on the EIS website.
The official website now contains a message about the ability to view information only on guarantees issued before 06/30/2018:
How can a supplier check whether the bank has placed information about the issued guarantee in the register?
According to paragraph 8 of Art. 45 44-FZ, the bank, within 1 business day, after including information about the guarantee in the register, sends to the principal an extract from the register of bank guarantees.
However, in practice, you will need to make a request to the bank so that it provides an extract.
Example of an extract from the register of bank guarantees:
Each extract from the register of bank guarantees contains the following information:
- Date of statement generation
- Name, location, TIN and KPP of the guarantor bank
- Name, location, tax identification number and checkpoint of the supplier-principal
- Name, location, tax identification number and checkpoint of the beneficiary customer
- Type of security
- Purchase notice number
- Warranty issue date
- Contents of the guarantee (entry date, expiration date, amount)
- Other documents established by the Government, in particular Government Decree No. 1005
Do I need to request a bank statement?
To sign a contract, you only need the bank guarantee document itself (in electronic or paper form). Therefore, the absence of an extract will not prevent you from concluding a contract.
However, if you are applying for a guarantee in a bank that is new to you and are not yet confident in it, it would be a good idea to request a statement. Its presence confirms that the guarantee is placed in the register and the customer will see it.
You can also obtain an extract from the closed register of bank guarantees; we wrote about this in more detail in this article.
How to issue a guarantee in a bank that will accurately enter the information into the register
Only banks included in the register have the right to issue guarantees and enter them into the register. Ministry of Finance lists:
After calculating the cost, you can choose a bank and submit an application for it
★ Online bank guarantee calculator
[bank guarantee calculator]
Register of bank guarantees under 223-FZ
For purchases under 223-FZ, there is no single register of bank guarantees and banks are not required to enter information about the bank guarantees issued for such tenders anywhere.
Therefore, to conclude a contract, it is enough to transfer the guarantee to the customer and, if necessary, he himself checks its legitimacy. To do this, he contacts the bank and receives confirmation from it.
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Bank guarantee 44-FZ (BG)- this is a document confirming the Guarantor’s agreement to pay a certain amount to the Beneficiary in case of evasion from signing the contract or improper performance by the Principal of its obligations under the concluded contract.
To participate in public procurement, any potential winner of the tender, in addition to proving his worth by securing a bid, must think in advance about how he will provide security for the contract if he wins the tender.
Due to the fact that such amounts are usually quite impressive, many companies prefer to use a bank guarantee for the execution of the contract.
This video block is part of the State Order training course, which consists of several parts and reveals all the nuances of participation in public procurement. If you want to start successfully participating in tenders, we recommend that you complete training that will help you begin to navigate all stages of the tender.
Bank guarantee concepts
Beneficiary
The customer, in whose favor a guarantee is issued to ensure the performance of the contract, and who receives compensation in the event of failure to fulfill the terms of the contract by the contractor.
a bank that issues a guarantee and reserves the amount specified in the document in its account in order to pay it to the beneficiary of the transaction if necessary.
Principal
a person requesting the issuance of a guarantee from a bank as confirmation of his trustworthiness.
Banks issuing bank guarantees under 44-FZ
Only certain financial institutions are eligible to issue BGs. The requirements for them are regulated by Part 3 of Art. 74.1 Tax Code of the Russian Federation.
The list of organizations that meet these requirements is maintained by the Ministry of Finance of the Russian Federation on the basis of the data transmitted by the Central Bank of the Russian Federation and is posted in the public domain.
The requirements for institutions issuing bank guarantees are set out in detail in regulatory documents (Part 3 of Article 74.1 of the Tax Code of the Russian Federation) and, in addition to standard conditions, for example, having a license and compliance with Central Bank regulations, they also contain quantitative ones, namely, the presence of equity capital in the amount not less than 1 billion rubles. Of course, compliance with all these requirements changes somewhat, and, accordingly, their right to provide guarantees within the framework of 44-FZ also changes. To avoid confusion, the Russian Ministry of Finance, together with the Central Bank, maintains an official register of banks.
When identifying organizations that meet the requirements described above, the Central Bank of the Russian Federation sends information about such an organization to the Ministry of Finance of Russia within 5 days from the date of discovery in order to include it in the list of banks issuing a guarantee under 44-FZ.
Similar actions are applied if the bank ceases to comply with established standards and must be removed from the list.
In this way, all interested parties can check the compliance of a particular institution with the requirements imposed by law. It is important to know that the guarantees issued by the bank do not cease to be valid and do not require replacement or re-issuance if it is removed from the register.
You can use our online payment service and issuance of a bank guarantee to choose the best offer.
★ Online calculator
[bank guarantee calculator]
Register of bank guarantees
Until July 1, 2018, the register of bank guarantees was publicly available and any participant in the government order could view it on the website of the unified information system. PP No. 1005 establishes new rules according to which information entered in the register of bank guarantees is not published publicly in the Unified Information System from July 1, 2018.
But customers and bank representatives have access to this information.
Information about the guarantee that must be reflected in the register of bank guarantees (Part 9, Article 45 44-FZ):
- name, TIN and location of the guarantor bank that issued the document;
- name, tax identification number and location of the principal (in this case, contractor, supplier or performer under a government contract);
- the amount that the guarantor undertakes to pay to the beneficiary in the event of the procurement winner’s failure to fulfill its obligations under the contract (or in the event of refusal to sign the contract);
- warranty period;
- a copy of the guarantee, with the exception of those documents, information about which is included in the closed register of bank guarantees;
- other documents provided for in the list of Decree of the Government of the Russian Federation dated November 8, 2013 N 1005
The organization issuing a contract performance guarantee, within 1 business day following the day of issue of the BG, must transfer information to the register of bank guarantees 44-FZ or to a closed register of bank guarantees, in accordance with the rules and procedures for its maintenance. And then, within 1 business day after this information is included in the BG register, the bank must provide the principal with an extract from the register of bank guarantees.
Types of bank guarantee
You can obtain a guarantee both to secure an application and to secure the execution of a contract under 44-FZ. The second version of the document is most in demand and widespread in the field of public procurement.
One of the main conditions for signing a contract is the presence of an irrevocable guarantee 44-FZ.
Irrevocability means that the guarantor who issued the document does not have the right to revoke the guarantee at his own discretion and undertakes to fulfill all obligations assumed under this agreement.
At the moment, most guarantees for the execution of a government contract meet this condition, so it is very important for the bank to check all the financial indicators of the principal. Because if it turns out to be unreliable, the bank will have to fulfill its obligations to pay a “penalty” to the beneficiary.
Amount of security for the execution of a government contract
This issue is regulated by Parts 6 - 7 of Art. 96 44-FZ.
The amount of the bank guarantee 44-FZ for the purpose of ensuring execution ranges from 5% to 30% of the NMCC specified in the notice of purchase.
If the maximum price exceeds 50 million rubles, then the customer is obliged to set the amount of security in the amount of 10% to 30% of the NMCC. Moreover, if the contract provides for the payment of an advance, the amount of security should not be less than the amount of the advance payment. If the advance is more than 30% of the NMCC, then the security is set in the amount of the advance.
Also, the legislation provides for anti-dumping measures for participants who offer a contract price significantly lower than that established by the customer in the procurement notice.
In these legal norms you can find almost all the answers to the questions that have arisen regarding the provision of BG as security for the execution of a government contract.
An important document regulating the requirements for the text of the guarantee is Government Decree No. 1005 of November 8, 2013 “On bank guarantees used for the purposes of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”
Replacement of collateral
It is important to note that federal law allows for the replacement of the form of contract enforcement. For example, if the security was deposited with its own funds into the customer’s account, then the supplier can subsequently replace it with a bank guarantee 44-FZ, which will be reduced by the amount of work already actually done (services rendered, goods supplied) under the contract with the customer.
To do this, it is necessary to obtain a guarantee, the amount and duration of which must be reduced in proportion to the performance of the contract. The letter template and more detailed explanations about the replacement procedure can be found in the Finance in government procurement block of our State Order training course.
Procedure and terms for issuing a bank guarantee
The deadline for signing a contract by the auction winner, and therefore the period for providing a bank guarantee under 44-FZ, is strictly regulated.
In particular, for an electronic auction it is 5 days for each party. At the same time, the customer can send a draft contract within 5 days, i.e. both on the 1st and 2nd day after the publication of the protocol for summing up the results of the auction, thereby reducing the period for signing the contract.
That is why guarantees for government orders, as a rule, are issued using an express method and the total release period is from two to five working days:
- review within 1-2 days from the date of submission of the full package of documents;
- release within one day on the day the commission is credited;
- entry into the register within one day after the scan is released.
What documents does the bank usually request?
All banks, without exception, request the client’s accounting and legal documents, namely: financial statements (or book of income and expenses) for the last year and completed quarters of the current year, constituent documents and an application for the issuance of a guarantee. It is important to know that a good broker fills out the application, questionnaire and all other documents for the bank independently.
The period for reviewing a bank guarantee 44-FZ is no more than 3 working days from the moment it is received by the customer. If the customer does not approve the document, then within these 3 days he must send a response to the winner of the purchase explaining the reasons why the guarantee was not accepted as security for the execution of the contract.
You can learn about the requirements that a reliable bank imposes on its borrowers by watching the video below.
The video block is taken from the State Order training course.
Gray and black bank guarantees
The practice of concluding contracts for BG has shown that there is a danger of receiving a “gray” or “black” guarantee. This option will be dangerous for both the customer and the contract executor.
To avoid getting into such a situation, you need to carefully choose a lending bank. There are a number of rules by following which you can avoid deception on the part of the guarantor.
Firstly, it is worth paying attention to which account for transferring the commission is specified in the agreement for issuing a bank guarantee. This must be the account of the organization in which the document was issued. If the account of some other commercial company is indicated, then most likely, after transferring funds to this account, you will receive just a “paper”, and information about this guarantee will not be entered into a unified register and will not be supported by a cash reserve in the bank .
Secondly, this is a package of documents that the guarantor requests. If the documentation is very small and you are not asked to provide financial statements for the previous period, then most likely this bank is a fraudster.
Thirdly, this is the BG limit that the bank sets for you. The normal situation is when the maximum guarantee amount approximately corresponds to the organization’s average quarterly revenue. If the guarantor approves disproportionately high amounts that do not correspond to the company’s revenue, then this is a reason to question the legality of the document being issued.
Bank guarantee 44-FZ is an indispensable financial instrument in the field of public procurement, which allows you not to extract impressive sums from circulation to confirm your reliability.
It is important for a procurement participant to choose the right bank from which he plans to obtain a guarantee to ensure the execution of the contract, where he will be offered the most favorable conditions. We offer our services for selecting a registered bank, calculating the cost, as well as checking documents and reporting for issuing a guarantee.
What you may encounter when applying for a bank guarantee
In this block, we will look at the issues and nuances that you may encounter when receiving a BG and tell you how best to proceed in each case.
The bank refuses to provide a guarantee
We have already written above that different banks have different evaluation criteria. Some pay special attention specifically to the financial condition of the borrower, while some consider the organization in all respects as a whole. You can try a different lender or an agent that works with a select number of scheduled banks. Agents know better what indicators this or that organization pays attention to and will be able to more efficiently select a credit organization for you.
The new company wants a guarantee
Please note that banks consider companies that have existed for at least 3 months and all of them, first of all, look at the company’s financial performance.
The customer does not accept the bank guarantee. What to do?
There are two ways out of this situation that will not lead to inclusion in the RNP:
— make changes to the BG, which the customer insists on, coordinate with the bank, reissue the guarantee. But keep in mind that this method will take time and require additional financial costs;
- another option is to provide security for the execution of the contract with your own funds, and then replace the security with a bank guarantee (we wrote about how to do this above in this article).
You do not have time to issue a bank guarantee
In this case, you can take the opportunity to send a protocol of disagreements to the customer. This will give you extra time:
The customer is given 3 days to correct shortcomings or refuse to change the contract, with an explanation of the reasons for this decision, and you will have another 3 days to sign a new version of the contract.
In this case, the protocol of disagreements will have precisely the function of “postponing” the signing of the contract, and therefore the posting of security.
That. you need to wait until the company is 3 months old, gain experience, perhaps by participating in commercial procurement, and then, starting with small amounts, participate in government procurement and try to draw up a BG. At the same time, it is advisable to participate in auctions in which you can provide security yourself in case the bank refuses to provide a guarantee.
In order to avoid problems, do everything correctly and meet the deadlines, it is most convenient to use the services of full tender support.
RusTender specialists will prepare all the necessary documents and select the most favorable conditions for bank guarantees for your company. You can find out the details and cost of tariffs by contacting our specialists on the toll-free phone number 8 800 700 23 26 or by writing to us at mail@site.
Let us note some more special cases that occur in the practice of obtaining guarantees.
There are a number of banks for which it is mandatory to guarantee a guarantee starting from a certain loan amount, so if you require a large amount of BG, then be prepared for such a requirement from the credit institution.
There is also a requirement to make a deposit - this means a pledge of funds, partial security, for example, 30% of the guarantee amount (the rate is set individually in each bank). This option may be offered if the company does not meet its financial standards.
In rare cases, a bank may impose a condition to open a current account with them. This is possible if a guarantee is received for a very large amount.
LLC MKK "RusTender"
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15.04.2019
Now the register of bank guarantees is located at the link http://zakupki.gov.ru/epz/bankguarantee/extendedsearch/search.html
Until July 1, 2018, anyone could check the authenticity of the BG at the place where the state order is placed - on the EIS website, in the corresponding register. From July 1, in accordance with Part 8.1 of Article 45 of 44-FZ and clause 3 of the Rules approved by Government Decree No. 1005 dated 08.11.13, information on issued bank guarantees that are provided as security for applications and security for contract execution are not posted on the official website of the United information system.
In addition, information on bank guarantees contained in the Republic of Kazakhstan (unique number of the register entry of the bank guarantee, information on the return by the customer of the bank guarantee to the guarantor or on the notification sent by the customer to the guarantor about the release of the obligation under the bank guarantee, or other information) is in the Register of agreements on carrying out major repairs (unique number of the register entry of the bank guarantee) and subject to inclusion in the RBG, from 07/01/2018 is also not subject to placement on the state order portal - the official website of the EIS, in its open part.
Now information about bank guarantees is not published in the open part of the UIS. But it is in a closed section of the website where government orders are placed.
And customers can check the bank guarantee in their Personal Account on the information system website, and procurement participants, in accordance with Part 8.1 of Article 45 of 44-FZ, must receive from the bank that issued the bank guarantee for them an extract from the register of bank guarantees. The bank is obliged to do this within one business day after including information about the issued guarantee in the register.
From June 1, 2018, bank guarantees can be issued only by financial institutions that meet the requirements established by Russian Government Decree No. 440 dated April 12, 2018. These are the following requirements:
The bank must have its own funds in the amount of 300 million rubles and a rating of at least BB- (RU) on the national rating scale of the rating agency ACRA - Analytical Credit Rating Agency, and a credit rating of at least RuBB- on the national rating scale of the Expert RA agency.
These requirements were established until January 1, 2020, and can be found on the Ministry of Finance website. At the beginning of August, there were 184 banks on this list.
Update from 03/28/2019
| No. | Name of the bank | Reg. No. |
|---|---|---|
| 1 | JSC UniCredit Bank | 1 |
| 2 | PJSC "Energomashbank" | 52 |
| 3 | Bank "Alexandrovsky" | 53 |
| 4 | LLC KB "RING OF URAL" | 65 |
| 5 | JSCB "Energobank" (PJSC) | 67 |
| 6 | SEA BANK (JSC) | 77 |
| 7 | JSC "BCS Bank" | 101 |
| 8 | JSC JSCB "CentroCredit" | 121 |
| 9 | JSC "RN Bank" | 170 |
| 10 | Prio-Vneshtorgbank (PJSC) | 212 |
| 11 | PJSC JSCB "Ural FD" | 249 |
| 12 | JSC KB "Khlynov" | 254 |
| 13 | LLC "HKF Bank" | 316 |
| 14 | JSC "AB "RUSSIA" | 328 |
| 15 | Bank GPB (JSC) | 354 |
| 16 | LLC Bank "Avers" | 415 |
| 17 | PJSC "Best Efforts Bank" | 435 |
| 18 | PJSC "Bank" Saint-Petersburg" | 436 |
| 19 | JSC "Kubantorgbank" | 478 |
| 20 | JSC "TATSOTSBANK" | 480 |
| 21 | PJSC "CHELINDBANK" | 485 |
| 22 | PJSC "CHELYABINVESTBANK" | 493 |
| 23 | JSC Bank "Venets" | 524 |
| 24 | JSC "Bank Acceptance" | 567 |
| 25 | JSC BANK "SNGB" | 588 |
| 26 | AB "ASPEKT" (JSC) | 608 |
| 27 | PJSC Bank "Kuznetsky" | 609 |
| 28 | JSCB "Izhkombank" (PJSC) | 646 |
| 29 | PJSC "NIKO-BANK" | 702 |
| 30 | PJSC "SKB-Bank" | 705 |
| 31 | LLC KBER "Bank of Kazan" | 708 |
| 32 | JSC CB "Association" | 732 |
| 33 | PJSC "Kurskprombank" | 735 |
| 34 | JSC UKB "Belgorodsotsbank" | 760 |
| 35 | LLC KB "Ketovsky" | 842 |
| 36 | PJSC "Far Eastern Bank" | 843 |
| 37 | Bank Perm (JSC) | 875 |
| 38 | PJSC "Norvik Bank" | 902 |
| 39 | JSC "VLADBUSINESSBANK" | 903 |
| 40 | PJSC "Zapsibkombank" | 918 |
| 41 | PJSC "Sovcombank" | 963 |
| 42 | JSC "PERVURALSBANK" | 965 |
| 43 | PJSC "Eurasian Bank" | 969 |
| 44 | VTB Bank (PJSC) | 1000 |
| 45 | LLC "Khakassian Municipal Bank" | 1049 |
| 46 | "MIT-Bank" (JSC) | 1052 |
| 47 | JSC "BaikalInvestBank" | 1067 |
| 48 | "Brotherly ANKB" JSC | 1144 |
| 49 | PJSC Stavropolpromstroybank | 1288 |
| 50 | CB "ENERGOTRANSBANK" (JSC) | 1307 |
| 51 | JSC "Bank "TCPB" | 1312 |
| 52 | JSC "ALFA-BANK" | 1326 |
| 53 | JSC "Solid Bank" | 1329 |
| 54 | Bank "Levoberezhny" (PJSC) | 1343 |
| 55 | RNKB Bank (PJSC) | 1354 |
| 56 | Bank "Elite" LLC | 1399 |
| 57 | BANK "MNHB" PJSC | 1411 |
| 58 | Bank "Vozrozhdenie" (PJSC) | 1439 |
| 59 | PJSC KB "Vostochny" | 1460 |
| 60 | PJSC JSCB "Svyaz-Bank" | 1470 |
| 61 | PJSC Sberbank | 1481 |
| 62 | PJSC "RosDorBank" | 1573 |
| 63 | "SDM-Bank" (PJSC) | 1637 |
| 64 | Credit Agricole CIB JSC | 1680 |
| 65 | PJSC "BystroBank" | 1745 |
| 66 | JSCSB "KS BANK" (PJSC) | 1752 |
| 67 | Asian-Pacific Bank (PJSC) | 1810 |
| 68 | LLC "Rusfinance Bank" | 1792 |
| 69 | LLC "Inbank" | 1829 |
| 70 | JSCB "FORA-BANK" (JSC) | 1885 |
| 71 | JSCB "Lanta-Bank" (JSC) | 1920 |
| 72 | JSC CB "Modulbank" | 1927 |
| 73 | MIB "DALENA" LLC | 1948 |
| 74 | PJSC "NBD-Bank" | 1966 |
| 75 | PJSC "CREDIT BANK OF MOSCOW" | 1978 |
| 76 | "SIBSOCBANK" LLC | 2015 |
| 77 | PJSC "SAROVBUSINESSBANK" | 2048 |
| 78 | JSC CB "ForBank" | 2063 |
| 79 | JSCB "PERESVET" (PJSC) | 2110 |
| 80 | JSC JSCB "Alef-Bank" | 2119 |
| 81 | JSC "Nefteprombank" | 2156 |
| 82 | JSCB "NRBank" (JSC) | 2170 |
| 83 | JSCB "Forshtadt" (JSC) | 2208 |
| 84 | PJSC Bank "FC Otkritie" | 2209 |
| 85 | JSC "Banca Intesa" | 2216 |
| 86 | PJSC CB "Center-invest" | 2225 |
| 87 | QIWI Bank (JSC) | 2241 |
| 88 | JSC KB "KOSMOS" | 2245 |
| 89 | JSC "People's Bank" | 2249 |
| 90 | JSCB "TENDER-BANK" (JSC) | 2252 |
| 91 | PJSC "MTS-Bank" | 2268 |
| 92 | PJSC ROSBANK | 2272 |
| 93 | "PJSC BANK URALSIB" | 2275 |
| 94 | JSCB "Absolut Bank" (PJSC) | 2306 |
| 95 | Bank SOYUZ (JSC) | 2307 |
| 96 | JSCB "BANK OF CHINA" (JSC) | 2309 |
| 97 | Investment Bank "VESTA" (LLC) | 2368 |
| 98 | JSC "Bank DOM.RF" | 2312 |
| 99 | Bank "ITURUP" (LLC) | 2390 |
| 100 | JSC JSCB "EVROFINANCE MOSNARBANK" | 2402 |
| 101 | JSCB "PROMINVESTBANK" (PJSC) | 2433 |
| 102 | PJSC JSCB "Metallinvestbank" | 2440 |
| 103 | PJSC "METCOMBANK" | 2443 |
| 104 | ING BANK (EURASIA) JSC | 2495 |
| 105 | JSC "Togliattikhimbank" | 2507 |
| 106 | CB "Kuban Credit" LLC | 2518 |
| 107 | JSCB "ACTIV BANK" (PJSC) | 2529 |
| 108 | JSC KB "Let's go!" | 2534 |
| 109 | JSC JSCB "NOVIKOMBANK" | 2546 |
| 110 | JSC Bank "PSKB" | 2551 |
| 111 | JSC CB "Citibank" | 2557 |
| 112 | "ZIRAAT BANK (MOSCOW)" (JSC) | 2559 |
| 113 | Bank "KUB" (JSC) | 2584 |
| 114 | PJSC "AKIBANK" | 2587 |
| 115 | PJSC "AK BARS" BANK | 2590 |
| 116 | LLC KB "Alba Alliance" | 2593 |
| 117 | JSCB "Almazergienbank" JSC | 2602 |
| 118 | JSC Bank "United Capital" | 2611 |
| 119 | JSC JSCB "INTERNATIONAL FINANCIAL CLUB" | 2618 |
| 120 | CB "J.P. Morgan Bank International" (LLC) | 2629 |
| 121 | JSC "BANK REALIST" | 2646 |
| 122 | LLC CB "Altaicapitalbank" | 2659 |
| 123 | JSC "Tinkoff Bank" | 2673 |
| 124 | CB "LOKO-Bank" (JSC) | 2707 |
| 125 | "Northern People's Bank" (PJSC) | 2721 |
| 126 | PJSC SKB Primorye "Primsotsbank" | 2733 |
| 127 | JSCB "Derzhava" PJSC | 2738 |
| 128 | JSC "NK Bank" | 2755 |
| 129 | JSC "TEMBR-BANK" | 2764 |
| 130 | JSC "OTP Bank" | 2766 |
| 131 | LLC "ATB" Bank | 2776 |
| 132 | JSC MS Bank Rus | 2789 |
| 133 | JSC ROSEXIMBANK | 2790-G |
| 134 | JSC "Bank FINAM" | 2799 |
| 135 | PJSC "BANK SGB" | 2816 |
| 136 | LLC CB "SINCO-BANK" | 2838 |
| 137 | PJSC JSCB "AVANGARD" | 2879 |
| 138 | LLC "Zemsky Bank" | 2900 |
| 139 | "Bank Kremlevsky" LLC | 2905 |
| 140 | LLC CB "ARESBANK" | 2914 |
| 141 | LLC CB "Slavyansky Credit" | 2960 |
| 142 | JSC "GORBANK" | 2982 |
| 143 | CB "STROYLESBANK" (LLC) | 2995 |
| 144 | JSC "Uglemetbank" | 2997 |
| 145 | Expobank LLC | 2998 |
| 146 | PJSC JSCB "Primorye" | 3001 |
| 147 | JSC Bank "Development-Capital" | 3013 |
| 148 | JSC "Nordea Bank" | 3016 |
| 149 | "Republican Credit Alliance" LLC | 3017 |
| 150 | J&T Bank (JSC) | 3061 |
| 151 | PJSC "RGS Bank" | 3073 |
| 152 | JSC JSCB "EXPRESS-VOLGA" | 3085 |
| 153 | JSC "RFK-Bank" | 3099 |
| 154 | JSC "NS Bank" | 3124 |
| 155 | JSC "Bank ZhilFinance" | 3138 |
| 156 | PJSC "Bank "Ekaterinburg" | 3161 |
| 157 | JSC "MOSCOMBANK" | 3172 |
| 158 | LLC CB "VNESHFINBANK" | 3173 |
| 159 | JSC CB "IS Bank" | 3175 |
| 160 | SBI Bank LLC | 3185 |
| 161 | JSC "City Invest Bank" | 3194 |
| 162 | JSC NOKSSBANK | 3202 |
| 163 | JSC "SEB Bank" | 3235 |
| 164 | PJSC BANK "SIAB" | 3245 |
| 165 | JSC BANK "MOSCOW-CITY" | 3247 |
| 166 | PJSC "Promsvyazbank" | 3251 |
| 167 | PJSC Bank ZENIT | 3255 |
| 168 | LLC KB "Megapolis" | 3265 |
| 169 | JSC CB "INTERPROMBANK" | 3266 |
| 170 | JSC "BANK ORENBURG" | 3269 |
| 171 | Bank "VBRR" (JSC) | 3287 |
| 172 | LLC "HSBC Bank (RR)" | 3290 |
| 173 | JSC "Raiffeisenbank" | 3292 |
| 174 | "Rusuniversalbank" (LLC) | 3293 |
| 175 | JSC "ProBank" | 3296 |
| 176 | JSC "KOSHELEV-BANK" | 3300 |
| 177 | JSC "Danske Bank" | 3307 |
| 178 | JSC "Credit Europe Bank" | 3311 |
| 179 | LLC "Deutsche Bank" | 3328 |
| 180 | JSC "Denizbank Moscow" | 3330 |
| 181 | JSC "COMMERZBANK (EURASIA)" | 3333 |
| 182 | JSC "Mizuho Bank (Moscow)" | 3337 |
| 183 | JSC "CB DeltaCredit" | 3338 |
| 184 | JSC "MSP Bank" | 3340 |
| 185 | KB "MIA" (JSC) | 3344 |
| 186 | JSC "Rosselkhozbank" | 3349 |
| 187 | CB "Renaissance Credit" (LLC) | 3354 |
| 188 | CB "Moskommertsbank" (JSC) | 3365 |
| 189 | JSC "SMP Bank" | 3368 |
| 190 | JSC "Bank Finservice" | 3388 |
| 191 | "Natixis Bank JSC" | 3390 |
| 192 | "Bank "IBA-MOSCOW" LLC | 3395 |
| 193 | JSC CB "RUSNARBANK" | 3403 |
| 194 | "BNP PARIBAS BANK" JSC | 3407 |
| 195 | KB "RBA" (LLC) | 3413 |
| 196 | Unifondbank LLC | 3416 |
| 197 | KB "Novy Vek" (LLC) | 3417 |
| 198 | JSC Bank "National Standard" | 3421 |
| 199 | LLC "First Client Bank" | 3436 |
| 200 | Bank NFK (JSC) | 3437 |
| 201 | Bank "RESO Credit" (JSC) | 3450 |
| 202 | JSC "MG Bank (Eurasia)" | 3465 |
| 203 | JSC CB "UNISTREAM" | 3467 |
| 204 | JSC "Toyota Bank" | 3470 |
| 205 | ICBC Bank (JSC) | 3475 |
| 206 | LLC "Volkswagen Bank RUS" | 3500 |
| 207 | China Construction Bank LLC | 3515 |