To conclude a profitable contract, the organization must prove that it can meet its obligations. One way to secure is a bank guarantee. How to get it, you will learn from our article.

Article 329 of the Civil Code provides for several types of security for a firm's obligations to its counterparties. First of all, it is a penalty, pledge, retention of the debtor's property, surety, deposit and bank guarantee.

A bank guarantee compares favorably with other methods of ensuring that the organization in whose favor it is issued will not have to collect a penalty from the debtor through the court or sell the pledged property. She can immediately receive the money due to her by presenting a guarantee to the bank that issued it.

For a counterparty organization that has received a bank guarantee in favor of its partner, this is also quite profitable. It confirms its ability to pay and can work without advance payment.

In addition, a bank guarantee allows you to buy goods, works or services with a deferred payment. So, if the organization receives such a guarantee in favor of its counterparties, they can transfer the goods to it for sale.

A bank guarantee is most often used in foreign economic activity. But recently, many Russian organizations, convinced of the reliability and convenience of this type of security, began to use it in internal settlements. In many cases, a bank guarantee is an indispensable condition for profitable commercial offers.

The essence of a bank guarantee

A bank guarantee is a type of guarantee. True, in this case, not any third party can act as a guarantor, but only banks, credit or insurance organizations. This is indicated in article 368 of the Civil Code.

As a rule, such guarantees are issued by banks. Since a bank guarantee is a kind of loan product, an organization that wants to receive it must provide security. These can be cash deposits, securities, buildings, apartments, equipment, vehicles and goods in circulation. In addition, guarantees from other organizations and citizens, as well as guarantees from third banks, are accepted as collateral.

The bank then evaluates the collateral provided and, taking into account the perceived risk of the transaction, its value is reduced to the price of a possible realization. If the organization does not fulfill its terms under the contract and the bank has to pay under the guarantee, it can cover its expenses at the expense of the collateral or apply to the guarantor.

After the bank evaluates the collateral, it concludes an agreement with the organization on the provision of a bank guarantee. Such an agreement specifies to whom the guarantee is issued (principal), in whose favor (beneficiary), the amount of the guarantee, the validity period, the bank commission, and the type of security.

Following this, the bank draws up the guarantee itself and gives it to the organization, which transfers the guarantee to its counterparty.

If the organization does not fulfill its obligations on time, the counterparty will contact the bank and demand their money. In this case, the bank will repay the debt at its own expense, and then issue a claim to the organization for the reimbursement of this amount.

If the organization has fulfilled all its obligations or does not owe anything to the bank, it will release its property from the pledge.

Important Points

According to Article 370 of the Civil Code, a bank guarantee is an independent obligation of the bank and, in fact, does not depend on the main obligation under an agreement between organizations.

This means that the bank guarantee is considered valid, even if the obligations under the contract are invalidated for some reason. This is stated in the decision of the Supreme Arbitration Court of the Russian Federation dated January 13, 1998 No. 6318/97. In such a situation, the bank is obliged to pay the unfulfilled obligations of its client. True, at first, having learned about the invalidity of the contract, he will inform both parties about it. And only after the bank receives a demand for repayment of the debt for the second time, it will fulfill its obligations. This follows from Article 376 of the Civil Code.

Another point of contention may be the entry into force of a bank guarantee. So, sometimes banks refuse to pay money until the organization pays a commission for the guarantee.

However, according to article 373 of the Civil Code, the guarantee is valid from the moment it is issued by the guarantor bank, unless otherwise provided in it. In order for the guarantee to take effect after the organization pays a commission for it, the bank must indicate this in the text of the guarantee itself. Such a condition is called suspensive. If the bank does not do this, then it is obliged to fulfill its obligations under the guarantee. It does not matter whether the organization transferred the commission to him or not. This is indicated in the resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 11, 1997 No. 5710/96.

Another important point: the bank that issued the guarantee does not have the right to resolve disputes between organizations. His task is to strictly follow the conditions of the issued guarantee. That is, if he is presented with all the documents provided for in it, the bank must pay the agreed amount. At the same time, he cannot reduce it, even if the organization that received the guarantee in favor of its counterparty has partially fulfilled its obligations. If the bank that issued the guarantee does not pay the money on time, penalties can be demanded from it.

Wealth of choice

There are several types of bank guarantees. So, depending on the operations for which they are used and who receives them, guarantees are divided into:

- payment;

– fulfillment of obligations;

– execution;

– payment refund;

- repayment of the loan;

- tender;

- on customs payments.

Payment guarantee is one of the most popular. Banks issue it at the request of the buyer in favor of the seller. A performance bond, on the other hand, is issued to the seller in favor of the buyer.

Organizations require a performance guarantee from their partners to insure themselves against disruption of the delivery schedule or untimely completion of work. In this case, the bank undertakes to pay the fines agreed in advance.

In order to return the previously transferred advance if the partner does not fulfill the terms of the contract, organizations require a guarantee of payment back. A loan repayment guarantee is used as collateral for credit transactions.

A tender guarantee is requested by those organizations that announce a tender (competition) and consider proposals received from potential partners. Having issued such a guarantee, these partners are obliged to reimburse a certain amount of money if they subsequently refuse their offer or do not sign the contract after the auction.

A guarantee for customs payments is issued to organizations in favor of customs. It is used to ensure their obligations to pay customs tariffs, fees and penalties.

How to check and confirm the warranty

The organization can not only receive a guarantee from the bank in favor of its partner, but also advise the guarantee provided by the counterparty.

In this case, the bank will check the guarantee for authenticity, and then send it to the organization with a cover letter, which will state its opinion. In addition, he can further accompany this guarantee, that is, carry out all the necessary actions to receive money from it.

But these are not all banking services related to the provision of guarantees. So, many banks offer to confirm the guarantee. In other words, the bank may assume joint and several liability for a guarantee issued by another credit institution.

But this is not all. Some banks not only confirm someone else's guarantee on their own behalf, but also help to obtain its confirmation from a reliable foreign bank. Such a service may be required by an organization that is engaged in foreign trade activities and wants to conclude a large contract.

Yu.S. Shemeleva, editor-expert of AG "RADA"

It is good when the contract between two organizations is executed in full and on time. And if not? How can the customer protect himself from possible non-fulfillment of the contract? You can ask the contractor for a deposit in the form of a certain amount of money. But how many companies are able to withdraw large funds from circulation so that they lie idle until the end of the contract? To solve this problem, there are bank guarantees. We will talk about how they work, what is the procedure for obtaining and how much a bank guarantee costs, in this article.

bank guarantee- this is the bank's obligation to pay a certain amount to one of the parties to the agreement if the other party to this agreement does not fulfill its obligations. Something between a loan and insurance.

For example, in order to participate in a tender or in public procurement, the contractor usually must deposit a certain amount to the customer's account - as a guarantee that, after winning, he will not refuse to carry out work or supply goods. If a performer participates in dozens of competitions, there may simply not be enough money to provide everyone. Then an agreement is concluded with the bank: the latter undertakes in writing to pay the amount required as a deposit if the contractor does not carry out the work or deliver the goods. This is the bank guarantee. For its provision, the bank takes a commission in the form of a percentage of the guarantee amount.

The meaning of a bank guarantee is not only to reimburse the customer's expenses in case of default, but also to cut off unscrupulous contractors and suppliers. The bank checks the solvency of the contractor, his assets, and on the basis of this information makes a decision to issue a guarantee. For one-day firms and suppliers from various "black lists" this will already become a barrier.

For the contractor, a bank guarantee is a kind of loan, only much cheaper, since the company does not receive real money.

For a bank, the provision of guarantees is a good business, because the risks with proper verification of performers are minimized, but guaranteed. If the contractor has violated the contract and the bank has paid the required amount, he gets the right to demand compensation from the contractor.

Who is involved in providing a bank guarantee

There are special terms for designating participants in a bank guarantee. In total, three subjects are involved in the process:

1 Beneficiary– the customer (individual or legal entity) to whom the bank provides a guarantee. It allows you to protect the interests of those who receive compensation in case of non-performance of the contract.

2 Principal- an individual or legal entity, the executor of the contract, for which the bank gives a guarantee. The contractor initiates cooperation with a banking institution and pays the cost of its services.

3 Guarantee- an organization that guarantees that in case of non-fulfillment of the contract (payment is not made, the necessary actions are not performed by the executor-principal), the beneficiary will be paid a predetermined amount. The following can act as a guarantor:

• Banks (when participating in public procurement under 44-FZ, the bank you have chosen must have an authorized capital of over 1 billion rubles, have no claims from the Central Bank of the Russian Federation, and most importantly, must be included in the register of authorized persons on the website of the Ministry of Finance).
• Insurance companies (only payment guarantees for commercial contracts).
• Microfinance institutions and (also for commercial contracts only).

It is clear that the level of trust in guarantees from different guarantors will also be different: when participating in public procurement, you will not receive an obligation from the Money for a Week MFI, only a document from a serious and large bank will be valid in accordance with the above requirements.

Types of bank guarantee

The specific type of guarantee provided by the bank to the beneficiary depends on the type of transaction. There is five main types of bank guarantee:

1 Competitive (or tender) guarantee- is needed in order to prevent the refusal of the winner of the tender from the execution of the order. In public procurement, it is mandatory for auctions, ranging from 10 to 30% of the maximum contract price. A variation is a contract performance guarantee, when the bank, if necessary, compensates for losses from violation of the contract.

2 Payment guarantee- the bank guarantees the customer of works, goods or services payment within the period strictly specified in the contract.

3 Customs guarantee– the bank guarantees the Federal Customs Service the re-exportation of equipment temporarily imported into the country, for which, according to the law, customs duty is not paid. If the contract is violated, the bank pays an amount equivalent to customs duties.

4 tax guarantee– is relevant, first of all, for exporting companies and manufacturers of alcohol, tobacco and other excisable products. It makes it possible to return VAT immediately, without waiting for a desk audit. It also allows you not to pay advance payments on excises.

5 Contract performance guarantee– the bank will pay compensation to the beneficiary if the principal does not complete the work or deliver the goods on time.

6 Advance Guarantee– the bank guarantees the return of the advance paid by the customer to the contractor if the contract is not fulfilled.

Separate bank guarantees and according to the terms of their provision on the:

• secured and unsecured- depending on whether the principal provides any property to the bank in the form of collateral or not;
• conditional and unconditional: in the first case, the bank pays the amount required under the guarantee only after the beneficiary proves that the principal has not fulfilled the terms of the agreement. In the second case, the payment is made at the first request of the beneficiary without providing evidence;
• straight and reverse (counter-guarantees)- depending on who will pay for the guarantee. With a direct one, the bank with which the principal has concluded an agreement pays, and with a counter-guarantee, another bank is involved. A variation is syndicated guarantees, when several financial institutions give an obligation at once (most often used in large international transactions);
• revocable and irrevocable- to participate in public procurement, only the second ones are required, which the guarantor is obliged to fulfill under any circumstances. Revocable guarantees are those that the bank can revoke prior to execution if it receives information about a significant change in the circumstances of the transaction. For example, it turns out that the principal is insolvent.

What documents are needed for a bank guarantee

Each guarantor has its own requirements for the principal's set of documents, but the basic package is the same for everyone. This is:

In addition, the guarantor may require the principal to provide documents on similar successful transactions and other evidence of the firm's solvency and reliability.

How to provide a bank guarantee: scheme and stages

Initially, the bank guarantee had a simple written form, certified by the seal of the bank and the signature of the person in charge. (Clause 2, Article 368 of the Civil Code of the Russian Federation). However, as technology develops, this form is being replaced by an electronic form, which is certified by the digital signature of a specialist of the guarantor bank (clause 3 of the resolution of the Plenum of the Supreme Arbitration Court “On Certain Issues ...” dated March 23, 2012 No. 14). A paper document is issued to the principal at a bank branch or sent by mail. An electronic document is sent via electronic communication channels.

Scheme of a trade transaction using a bank guarantee

1 Firm "A" (seller, principal) offers firm "B" (buyer, beneficiary) to deliver a certain product.

2 Firm "B" requires firm "A" guarantees that the goods will be delivered at the required time in the required quantity and quality.

3 Firm "A" applies to bank "C" for a bank guarantee in writing.

4 After verifying Firm A, Bank C issues a written undertaking to Firm B to pay an amount predetermined by the parties (for example, 15% of the contract value) if the supplier breaches the terms of the contract.

5 If a breach occurs, firm "B" applies to bank "C" with a written request to pay a refund under the guarantee. If the bank guarantee was conditional, firm "B" must also provide evidence of a violation of the terms of delivery of the goods.

6 Bank "C" pays the guarantee amount to firm "B".

7 Bank "C" collects from the company "A" reimbursement of the funds paid (in pre-trial or judicial proceedings, in accordance with the agreement between the principal and the guarantor).

Forms of providing a bank guarantee

Form 1. Classic.

The principal responds to the standard offer of the bank he has chosen. This is usually done by companies that need a guarantee for a large amount - from 20 million rubles. Issuing a bank guarantee in this case takes 2-3 weeks, since the bank needs to conduct a full check of the client for his ability to fulfill the main contract with the beneficiary.

Form 2. Accelerated.

This option is offered by some small banks, as well as brokerage companies that act as intermediaries between principals and guarantors. In this case, the guarantee is issued within 5 working days. The amounts are less significant than in the case of the classic design - most often from 5 to 15 million rubles, less often - from 15 to 20 million.

Form 3. Electronic.

The fastest and easiest way to get a bank guarantee. The application is submitted to the bank or to the brokerage company in electronic form, signed with an electronic digital signature. The guarantee is also provided in the form of a certified electronic document, which the principal can send to the beneficiary via electronic communication channels. This form is used to guarantee amounts in the range of 1 - 5 million rubles, it is distinguished by a simplified procedure for checking the solvency of the principal. Also, it is in the field of electronic BS that the largest number of cases of fraud is noted.

Stages of issuing a bank guarantee

The sequence of actions of the principal depends on the type of transaction. Here we will consider the standard type, when you first apply to the guarantor, and only then participate in public procurement or enter into an agreement with the beneficiary.

1 Assessing one's own position

Before applying for a bank guarantee, you need to look at your business from the outside and assess your strengths and weaknesses. Based on the practice of the Russian market, in order to successfully conclude a bank guarantee agreement, the principal firm must:

• Work in your sector of the economy for at least six months.
• Have a turnover that allows you to fulfill obligations under the contract.
• Do not have long periods of losses in the reporting (seasonal “drawdowns” in the relevant areas are allowed).
• Do not have overdue debts, some banks do not give guarantees to companies with existing loans.

2 Choice of guarantor

Of course, it is better if the guarantor is a bank from the list of the Ministry of Finance, then your guarantee will be entered in the appropriate register, and any beneficiary will accept it. If the guarantor is recommended by the customer himself, and you do not have any serious objections, do not refuse - this will increase your credibility. Well, if you already have a current account in the guarantor bank, then the guarantee will be approved faster. It is believed that cooperation with a local bank you know (or a territorial branch of a federal bank) will become more reliable, but in the case of an electronic guarantee, this point is no longer so relevant.

3 Collection and submission of documents

The list of required documents is given above. They need to be collected on time, since some - an extract from the Unified State Register of Legal Entities or a balance sheet - are valid (in terms of obtaining a bank guarantee) for a certain time. If you receive an electronic guarantee, the documents will have to be certified with your signature (some guarantors require notarization) and scanned.

4 Consideration of the application

The guarantor considers the principal's application from 5 to 20 days, depending on the type of guarantee requested. The fastest documents are checked when applying for a small amount and an electronic bank guarantee. When guaranteeing large sums, the bank can arrange a tough check for your business, request information about cooperation with you from your counterparties, and so on, you need to be prepared for this.

5 Conclusion of an agreement between the principal and the guarantor

Usually, the principal has few opportunities to influence the text of the agreement - it is standard for large banks. The most important points are the rights and obligations of the parties, the content and amount of the guarantee, the amount of remuneration to the guarantor, the validity period. However, the law does not oblige the parties to conclude a written contract. If the guarantor does not object, the obligation may also be issued after the principal's oral request.

6 Payment of the fee to the guarantor

The principal always pays the remuneration to the guarantor before the guarantee event occurs. This is one of the reasons why it is necessary to carefully analyze the status of the guarantor before entering into a contract. If you run into a scammer and it turns out that the guarantee is not included in the register, the beneficiary will not accept it, but has already been paid, it will be difficult to return them. In the case of issuing a guarantee through a broker, you will have to immediately pay a percentage of the remuneration to the intermediary.

7 Issuance of a bank guarantee

You will receive in paper or electronic form the text of the bank guarantee, your copy of the guarantee agreement, an extract from the register of bank guarantees certified with a grenade (in the case of a request for obligations for a transaction under 44-FZ).

The law does not contain a sample guarantee text, so each bank sets its own form. Also, the customer has the right to establish the form when publishing the tender documentation.

If you are going to participate in public procurement, after receiving the document from the guarantor, be sure to independently check on the public procurement website for the presence of a guarantee in the register. Article 45 of Law No. 44-FZ states that information on the issuance of a guarantee must be included in the list of such obligations no later than one day from the date of registration.

Other guarantees can be checked on the website of the Central Bank of the Russian Federation (cbr.ru) as follows: select Information on credit institutions / Directory of credit institutions / Name of your bank / Turnover data / column 91315 (turnover on guarantee obligations) in the left vertical menu.

The validity of a bank guarantee begins from the moment it is issued, from the date of receipt by the beneficiary or from a specific date specified by the principal and the guarantor in the contract.

8 Use of a bank guarantee

The beneficiary will be able to receive the amount required under the guarantee from the bank if:

• the principal fails to fulfill the terms of the contract with the beneficiary;
• the principal refuses to confirm the execution of the contract with the beneficiary with documents;
• for other reasons specified in the bank guarantee agreement.

The principal does not participate in the guarantee payment process, this is a matter of bilateral interaction between the beneficiary and the guarantor. But then the guarantor turns to the contractor with a demand to compensate for the damage, and here it is possible to settle the dispute out of court, or the guarantor will recover losses from the principal through the court.

How much does a bank guarantee cost

The cost of a bank guarantee is significantly lower than the price of borrowed money on a conventional loan. The specific percentage depends on the amount of the guarantee, its duration, as well as on the degree of risk of non-performance of the contract between the principal and the beneficiary. Also, the cost of a guarantee is affected by the presence of collateral, surety and security. The fork of the rate on bank guarantees in 2018 is 2-10%. It is not uncommon for the guarantor to limit the lower limit of the value of the guarantee to an exact amount, such as 10,000 rubles. And even if you guarantee a deal for 50,000 rubles, you will still give 20% of this amount to the guarantor.

The amount of the contract is 6,000,000 rubles. Guarantee amount \u003d advance payment amount under the contract \u003d 30% of the contract amount (2,000,000 rubles). Term - 1 year. The bank guarantee rate is 6%.

The cost of a bank guarantee = 2,000,000 * 0.06 * 1 = 120,000 rubles.

You will pay this amount to the bank, which guarantees the payment of 2 million rubles to your customer if you do not fulfill the terms of the contract.

Frequently asked Questions

There are two types of unscrupulous guarantees: fake (this is when the principal himself fabricates a document, this is rare) and "gray". In the second case, any provision of a guarantee can be considered fraudulent, in which information is not entered either in the register of guarantees under 44-FZ or in the list of guarantee obligations of a credit institution. That is, the guarantee is fictitious. In order not to fall for the bait of fake brokers (most often it is they who deceive with guarantees, not banks), you need to be especially careful in the following cases:

• A small number of requested documents. If the guarantor is ready to vouch for you, having received only a couple of scans with your TIN and balance sheet, this should already be a worrying factor.
• An abnormally low percentage of remuneration under the guarantee (more than 1.5 times lower than the average market level - for example, if most banks are ready to provide you with a guarantee at 5-7%, and one agrees at 3% - this is a reason to think about a possible fictitious transaction ).
• Unusually short guarantee approval time - this point is especially important when dealing with brokers and e-guarantees. No matter how loyal the bank is to you, it must still check the capabilities of your company and its solvency.

Why are the requirements for bank guarantees in public procurement different from ordinary commercial contracts?

Any contract must be executed, however, in the case of contracts with state or municipal organizations under the federal law "On Public Procurement" (44-FZ), we are talking about payment for goods, works and services with budget money. Accordingly, the state establishes more stringent requirements for such transactions. Guarantees are accepted only from banks included in the register of authorized persons of the Ministry of Finance. The bank's rating must be at least "BBB-" ("moderate creditworthiness").

One of the principles of 44-FZ is responsibility for the result and efficiency of procurement. In other words, the government customer needs guarantees that the winner of the tender will sign the contract and fulfill it in compliance with all the stated conditions.

There are two types of guarantees in public procurement:

• - insurance in case the winner refuses to sign the won contract.
• Enforcement of the contract- insures in situations where the supplier does not fulfill the contract or violates its terms.

There are two ways to secure a bid or fulfill a contract.

• Deposit your own money as collateral. To secure the application - to, and to secure the contract - to the customer's current account. The money will be "frozen" until the winner of the tender is determined or all the conditions of the contract are fulfilled.
• Provide a bank guarantee. The bank will reimburse the state customer for the guarantee amount in case of improper performance by the supplier of its obligations. A bank guarantee is issued in accordance with the requirements of 44-FZ, and the supplier pays a commission to the bank for receiving it.

What to choose to secure the contract - a cash deposit or a bank guarantee - is decided by the supplier.

When is a bank guarantee issued?

Bank guarantee to secure the application

The security is from 0.5 to 5% of the initial maximum contract price: the exact amount is always written in the procurement documentation.

The validity period of the bank guarantee provided as security for the application must be at least two months from the date of the deadline for submitting applications. Upon completion of the procedure, the commission for the bank guarantee is not returned to the supplier.

Bank guarantee upon performance of a contract in an electronic auction or tender

The winner of the electronic auction is obliged to sign the contract and provide a bank guarantee within 5 calendar days from the date the customer places the contract on the electronic trading platform.

The security amount is from 5 to 30% of the initial contract price or equal to the advance payment. In case of improper performance of the contract, the bank will pay fines and penalties to the customer for the supplier.

In any of the above cases, the bank guarantee is irrevocable, valid for a month from the date of fulfillment of obligations under the contract.

When can the customer demand payment under a bank guarantee?

1. The winner, having won the tender, refuses to sign the contract. At the same time, the participant secured the application with the help of a bank guarantee.
2. The supplier does not fulfill the contract or violates its terms. In this case, the customer must unilaterally terminate the contract or provide evidence that the supplier is violating the terms of the contract.

According to the legislation, the demand of the state customer for payment under the guarantee is extrajudicial, that is, it can be put forward directly to the contract executor within 1 month after the expiration of the period for fulfilling obligations under the contract.

Who can issue a guarantee?

Only financial institutions included in the list of the Ministry of Finance of the Russian Federation. Check in advance if the bank in which you have a current account is on this list.

The electronic agent Kontur.Spectrum will help you get. Prepare just one application, which will go to several banks. Compare the terms of guarantees and send documents to the bank directly from the service.

What will the bank require from the supplier?

To successfully and quickly obtain a guarantee, find out in advance the conditions of the bank: terms of issue, commission rates, a list of documents, and so on.

The reputation of the company is one of the most important conditions for issuing a guarantee. If the company works in good faith, pays taxes on time and reports to the regulatory authorities, it will certainly receive a bank guarantee.

To provide guarantees, most banks require the same list of documents from the client as for a loan:

• constituent documents (Charter, PSRN, TIN),
• full reporting on the financial condition and accounting for 1 year,
• completed preliminary application,
• purchase link.

For many banks, it is important that the procurement participant has an account opened in it. You also need to be prepared for this so as not to waste time negotiating with banks in which your company does not have an account.

In a bank with which good business relations have already been established, a bank guarantee can be issued according to a simplified scenario. As a rule, quarterly financial statements are sufficient for the financial analysis of a company.

How much does a bank guarantee cost?

The cost of a bank guarantee is determined individually and depends on:

• its duration,
• the degree of risk of payment on it,
• the quality of ensuring the recourse claims of the bank to the client.

As a rule, the commission for issuing a guarantee is from 1% to 5% of the amount of the required security.

The term of receipt is from 1 day to several days. Recently, these terms are being reduced, as the bank guarantee becomes an increasingly popular banking product, and banks consider electronic applications.

Bank guarantee limit

Before participating in an electronic auction or competition, you can find out in advance whether the bank will give you a guarantee if you win. To do this, you need to contact the bank to set the limit of bank guarantees. In this case, the bank asks you for copies of documents and sets a limit. True, two conditions must be taken into account:

• you will have to pay for setting a limit in some banks - about 1% of the guarantee amount,
• if the financial statements worsen in the next quarter, you will not be issued a bank guarantee.

Setting a limit is helpful. Firstly, this will allow you to find out whether it is worth counting on receiving a bank guarantee in principle, and secondly, after you win the tender, the bank will make a decision to issue a guarantee much faster.

What to do if there are a couple of days left to receive?

It is important for the winner to have time to receive a bank guarantee on time. If you miss the deadline for signing the contract, there is a risk of being included in the register of unscrupulous suppliers. How to be in this case? Communicate with the bank via the Internet, and sign documents with a qualified electronic signature. It is much faster and more convenient than filing paper documents.

If you decide to participate in electronic auctions and competitions, study in detail the issue of obtaining a bank guarantee, find out your limit or calculate the cost of a guarantee in advance for each interesting purchase. Subject to the terms of the contract, there will be no claims from the state customer, and therefore no payments under your bank guarantee.

In the comments to the articles you can get answers from other suppliers, and experts will answer

What are the requirements for companies to issue a guarantee without collateral? What are the features of issuing a guarantee from an insurance company? How to conclude a bank guarantee agreement with the help of brokers?

When concluding commercial agreements, the parties cannot be 100% sure of each other. The economy is complex and unpredictable. Customers are interested in the timely and proper performance of the work specified in the contract and therefore have the right to demand documentary guarantees of loyalty from the performers.

Such guarantees are issued by a third party - a bank, which acts as a kind of debtor's guarantor.

The purpose of the bank guarantee is to ensure the fulfillment of the terms of the contract. With this document, the customer is entitled to compensation in case the contractor does not do what he promised under the contract, or does it improperly.

About, how to issue a bank guarantee, I will tell you, Denis Kuderin, an expert on economic and financial issues at the HeatherBober magazine. Be sure to read the article to the end - in the final you will find tips on how to get a bank guarantee quickly, simply and with minimal cash costs.

1. What is a bank guarantee and why is it issued

Bank guarantees are used in the practice of international trade, in domestic commercial transactions, in economic interactions between the state and private companies.

The warranty is a kind of additional insurance for the customer, which offset his costs. in case of dishonest work of the performer.

Example

A little-known but promising private construction company Prorab wins a tender for the reconstruction of the city's central polyclinic. The work is big and expensive.

The municipality needs confidence that the work will be completed on time and with high quality. Nobody wants to suffer losses. Therefore, municipal authorities require the firm to provide a bank guarantee to secure the contract. The company draws up a guarantee in Sberbank and transfers it to the customer.

In the event that the "Foreman" refuses the contract or does not carry out the reconstruction on time, the bank will pay a penalty to the municipality. In the future, the financial institution will recover the money spent from the debtor for obligations.

Parties to the guarantee transaction:

• beneficiary(customer);
• guarantee(bank or other credit institution);
• principal(performer, obligor).

In our example, the beneficiary is the municipality, the guarantor is Sberbank, and the principal is the Prorab construction company.

How is a bank guarantee (BG) different from insurance?

Despite their similarities, there are significant differences between these types of documents:

1. They are run by different institutions. Insurance companies can, in principle, issue guarantee guarantees, but according to the new amendments to the legislation of 2015, such documents cannot be considered exactly bank guarantees. They're called - payment guarantees. They will not be accepted as . And this is the most demanded sphere of BG.
2. 3 parties participate in the bank guarantee agreement, and not 2, as in insurance.
3. In the event of a guarantee event, the bank acts as a guarantor - it is from it that the customer will demand monetary compensation in the event that the debtor fails to fulfill its obligations.
4. The amount of BG sometimes reaches tens and hundreds of millions. Not all insurers are able to pay for such risks.

The initiator of issuing a bank guarantee is always the principal. He pays commissions, because the bank does not enter into an agreement on a gratuitous basis. A financial institution needs confidence in the trustworthiness of the client, so guarantees are not issued to everyone in a row. The company must be solvent, stable, successful, preferably experienced.

It seems that only customers of services need guarantees, but in fact this tool is beneficial to all parties to the transaction.

Benefits of BG:

• saving the contractor's finances - he does not need to freeze working capital on his account to secure the contract;
• with bank guarantees, companies have the right to participate in an arbitrary number of tenders;
• the principal receives an additional incentive to fulfill his obligations efficiently and on time;
• a guarantee is issued faster than a loan, and the interest on payments is ten times less.

Among other things, potential partners have more confidence in firms that use bank guarantees. For small private companies, GGs pave the way to big deals and lucrative long-term contracts.

A couple of years ago, it was much easier to issue a BG. Almost all banks worked in this direction, although the quality of such services was often criticized. In 2015, with the entry into force of the new law, the number of financial institutions eligible to issue a BG has sharply decreased.

According to the new legislation, BGs are issued only by those banks that are on the official list of the Ministry of Finance of the Russian Federation. The main criteria for selecting banks by the Ministry of Finance are the size of the authorized capital (it must be more than 1 billion rubles) and the absence of claims from the Central Bank.

Finding out if a candidate bank is on the list is very simple - information is available on the official website of the Ministry of Finance.

The official website of the Ministry of Finance of the Russian Federation will tell you if your bank has the right to issue a BG

At the same time, the guarantees themselves, which are written agreements, are drawn up in accordance with strict requirements and must be entered in the state register, which confirms the authenticity of these documents.

I will talk about the advantages and disadvantages of each of them.

Option 1. Classic design

"Classic" - for those who are not in a hurry and prefer to draw up a document on their own, without intermediaries, in a pre-selected bank. As a rule, these are contracts for a large amount - from 20 million rubles.

Document processing time is 14-20 days.

Option 2: Get Faster

With accelerated execution, the list of documents is less, as are the terms for issuing a guarantee. Such paper will be made to you in 5 days. True, the amount of the guarantee is also less - up to 15 million. This option is often offered by institutions interested in attracting new customers.

Intermediaries - brokers who do paperwork and negotiate with banks on behalf of the client also use the accelerated method.

Option 3. Registration in electronic form

The easiest and fastest way. The main disadvantage is the small amount of the guarantee. As a rule, this is 2-5 million rubles. The principal sends documents in electronic form and receives a ready-made guarantee also in digital form. All he has to do is print out a few copies and give one of them to the beneficiary.

In the table, all the parameters of the design options are presented in a visual form:

Wanting to save time, some principals draw up documents in dubious intermediary companies that give them a "gray" guarantee. Such a document is not registered in the state register and has no legal force.

Signs of an invalid warranty:

• the guarantee is issued in just a few hours;
• only 2-3 documents are required from the client, and even inferior copies will do;
• they undertake to deliver the guarantee almost to the office on the day of registration, while it is advisable to receive official guarantees directly from the bank;
• you are not told in which bank the guarantee is issued and they do not give you a phone number by which you can contact the financial institution - therefore, it is impossible to confirm the legitimacy of the procedure.

A "gray" guarantee is fraught with losses, fines and a tarnished reputation. The customer will simply refuse to work with you if the document turns out to be invalid during verification. And he will be absolutely right.

3. How to issue a bank guarantee without collateral - 6 main steps

Banks require collateral from those principals whose solvency is not certain. But basically, this document is issued to executors of federal and municipal orders without collateral and guarantee. As a rule, this type of collateral is issued at a higher commission, as the risks of the bank increase.

The following can count on the issuance of a BG without additional conditions:

• companies that have been operating on the market for more than 3-6 months;
• firms that are ready to provide financial statements and prove the stability of their financial status;
• companies whose income is comparable to the amount of the guarantee;
• candidates who already have experience in similar transactions.

The advantage will be given to those principals who have been successfully working in the area corresponding to the agreement for many years.

Stage 1. Bank selection

At the time of writing, the list of the Ministry of Finance includes about 300 banks. If your potential partner is not on this list, look for another organization.

Other important nuances:

• it is easier to issue a BG without collateral in the bank in which you already have an account (provided, of course, that the bank is on the list);
• if experience in issuing guarantee documents is zero, act through a broker;
• if the beneficiary himself recommends a particular institution, take his advice - your relationship with the customer will immediately become more trusting.

Another important detail is the territory of presence. It is more reliable to work with a bank from your region. This rule does not apply to the option to obtain an electronic guarantee.

Stage 2. Preparation of necessary documents

First, banks conduct a preliminary analysis. This is done in order to make a decision - to say "yes" or "no".

At this stage, the principal will be required to:

• an application for a guarantee;
• brief information about the company (well, if it has a website);
• an extract from the Unified State Register of Legal Entities received no later than 30 days from the date of application for the issuance of a BG;
• financial statements for the last year;
• link to the tender (or a copy of the contract).

If the decision is positive, the bank will ask for other documents. For example, passports of managers or owners of the company, lists of shareholders, a copy of the company's charter, certificates from the tax office about the absence of debts, a complete package of documentation for a government contract.

Stage 3. Consideration of the application by the bank

The classic version requires registration of the BG within 2-3 weeks. During this time, banks check the reputation of the organization, analyze its financial situation, and are interested in work experience.

Stage 4. Conclusion of the contract

First, study the draft contract. If any points seemed doubtful or incomprehensible, you should ask for clarification from bank employees. It is much easier to remove unnecessary conditions from the draft than to try to fix the finished document retroactively after it has been signed.

When signing a contract, be extremely attentive to details.

The contract must specify all the main provisions regarding the BG. Namely, the rights and obligations of the parties, the terms, the size of the guarantee amount. If the guarantee is irrevocable (and the other in the case of a government contract will be invalid), this circumstance should be reflected in the contract.

Stage 5. Payment of remuneration

Banks require 1 before 10% from the amount of the guarantee in a lump sum or in the form of monthly payments during the entire period of validity of the document. If you work through a broker, he will also have to pay a percentage, so be prepared for expenses.

Stage 6. Issuance of a bank guarantee

The package of documents issued by banks, in addition to the guarantee itself, includes an agreement on the provision of BG, as well as a certified extract from the register of bank guarantees.

Such an extract confirms the authenticity of the guarantee. But just in case independently check the presence of your BG in the register of bank guarantees on the official website of public procurement. The customer will also do this after you transfer the guarantee to him.

4. Who provides services for issuing bank guarantees - an overview of the TOP-3 brokerage companies

Specialized companies will help you to issue a bank guarantee quickly and almost without your participation. This is the most reasonable option for those who have never received a BG before and do not want to waste time fussing with paperwork and negotiating with a bank.

Brokers know the market very well and will offer the client the most optimal variant of the document execution, corresponding to the specifics and needs of the company.

The only nuance that you should pay attention to: you need to choose only a reliable intermediary who works strictly within the law. You don't need a "grey" guarantee, do you?

Use our expert review, and you will not have problems with the authenticity of documents.

1) Bureau of tender decisions

Broker operating in Moscow and the region. The motto of the company is “Fast. Conveniently. Reliably." Works with guarantees 44-FZ, 223-FZ, 185-FZ, that is, draws up all types of guarantee documents. Guarantee amount - any.

The company's partners include 27 well-known banks, including Sberbank, VTB24, Promsvyazbank, Raiffeisenbank and others. Over the years, the Bureau of Tender Solutions has issued more than 900 guarantees worth more than 9 billion rubles. No pledges or guarantees. Calculate the cost of services on the site in advance using a special calculator.

Registration of any bank guarantee in 3 days in full accordance with the law. The company cooperates with 70 banks throughout Russia. Registration is remote, in electronic form. Payment - directly to the bank. The total commission is 2.5%.

Advantages of FLC:

• search for individual solutions for each partner - your company will be chosen exactly the bank that is ideal for you according to the terms and conditions of the contract;
• all BGs from this broker are official and entered in the state register;
• the minimum number of requirements.

If you want to order a guarantee here, just fill out an application on the website, it will take less than a minute.

Guarantee documents for winners of state tenders. Works in the financial services market since 2013. Specializes in providing government contracts throughout Russia, operates strictly within the law. Offers "express registration" of the application with a guarantee of a successful response from the bank 95%. Each client is supervised by a personal manager who works quickly, professionally and always brings the matter to completion.

5. How to speed up the receipt of a bank guarantee - 3 useful tips

It's not easy to get a lucrative contract. Until the customer changes his mind and gives the contract to another contractor, you need to quickly draw up the necessary documents and consolidate your relationship with an official contract. You need to act quickly, including at the stage of securing the contract with a bank guarantee.

Expert advice will help you speed up the BG registration process as much as possible.

Tip 1. Use the services of brokerage companies

As you have already understood from the previous sections, intermediaries are able to speed up the process of issuing a guarantee by 2-3 times, and sometimes even more. Brokers have their own channels of interaction with banks and their own methods of working with documents.

By paying a few thousand rubles more, you will save time, plus you will not have to communicate with bank representatives and even visit a financial institution. Intermediaries will do everything for you.

If we act strictly within the framework of the agreements concluded, things will go faster. Customers and representatives of the bank have a more benevolent attitude towards contractors who clearly fulfill the terms of the contract.

bank guarantee- a written promise by a bank to pay another bank, company or anyone under a contract, loan or debt security for a third party if that party fails to meet its obligations.

Note that a bank guarantee is a convenient tool for counterparties in a transaction.

And for a credit institution, a bank guarantee is a source of additional income.

Definition of the concept of "bank guarantee" in civil law

The very concept of "bank guarantee" is given in Article 368 of the Civil Code of the Russian Federation.

According to this rule of law, a bank guarantee is a method of securing the fulfillment of obligations, in which a bank, other credit institution or insurance organization (guarantor) issues, at the request of the debtor (principal), a written obligation to pay the creditor (beneficiary) a sum of money upon presentation of a demand for its payment .

Thus, at least three persons are involved in relations related to the issuance of a bank guarantee: the principal and the guarantor.

A guarantor under a bank guarantee is a bank, other credit institution or insurance organization.

The debtor under the main obligation acts as the principal under the bank guarantee, at the request of which the guarantor issues a bank guarantee. Any person can be a principal.

The beneficiary of a bank guarantee is the creditor of the entrepreneur under the main obligation, in favor of which the guarantor issues a bank guarantee.

The role of the beneficiary can be any individual or, as well as state, tax and customs authorities.

Note that according to Part 2 of Article 368 of the Civil Code of the Russian Federation, the issuance of a bank guarantee is a paid service of a guarantor bank.

In this regard, the credit institution charges a bank fee for issuing a bank guarantee. On practice:

The remuneration may be paid as a fixed payment or as a percentage of the amount of the issued guarantee;

The remuneration may be paid in a lump sum or in installments depending on the duration of the guarantee;

The amount of such remuneration is 1 - 10% of the security amount.

Securing a probable obligation

A bank guarantee is a document issued by a bank and addressed to a specific creditor of an organization.

According to the bank guarantee, the bank assumes the obligation to repay the company's possible debt to the creditor at the request of the creditor upon the occurrence of specific conditions.

In this case, the bank undertakes to pay the lender a fixed, predetermined amount.

The peculiarity of such an agreement is that at the time of issuing a bank guarantee, the organization does not yet have an obligation to the creditor, that is, the creditor is potential.

Moreover, in the future, debts for purchased goods, works or services may never appear.

Benefits of a bank guarantee

The main advantages of a bank guarantee are:

low cost of a bank guarantee;

the possibility of effectively resolving the issue of paying obligations without releasing funds from circulation or directly borrowing them from credit institutions.

In addition, a bank guarantee can be considered as an additional incentive to fulfill the obligations assumed under the contract, that is, to supply goods, perform work or provide a service.

Agreement on the issuance of a bank guarantee and the Civil Code

From the analysis of the provisions of Chapter 23 of the Civil Code Russian Federation It follows that there is no obligation to conclude an agreement between the principal and the guarantor.

At the same time, banks that wish to more specifically describe their relationship with the principal reflect the procedure for interaction between the principal and the guarantor in a special agreement - an agreement on the issuance of a bank guarantee.

The subject of such an agreement is the issuance of a bank guarantee.

At the same time, the following conditions may be prescribed in such an agreement on the issuance of a bank guarantee:

the rights and obligations of the bank and the principal;

the timing of the provision of bank guarantees;

the main conditions under which such bank guarantees will be issued;

calculation of the bank's remuneration;

reimbursement of expenses incurred by the bank;

type of contract security;

liability of the parties under the contract;

settlement of disputes;

other provisions.

Accounting for bank guarantees

The value of the bank guarantee is included in the asset, upon the purchase or creation of which the bank guarantee was acquired.

Operations for the acquisition of a bank guarantee are reflected in accounting as follows:

The amount of remuneration to the bank for issuing a guarantee was transferred;

The payment guarantee received from the bank under the contract or supply is included in the value of the asset.

Such postings are made during the formation of the cost of all inventory items.

Value Added Tax (VAT)

Bank guarantee services are related to banking operations.

At the same time, the cost of such a service is not subject to VAT (see clause 8, part 1, article 5 of the Federal Law of December 2, 1990 N 395-1 "On banks and banking activities", clause 3, clause 3, article 149 of the Tax Code of the Russian Federation , letter of the Federal Tax Service of Russia dated 17.05.2005 N MM-6-03 / [email protected]).

Thus, VAT on the bank's remuneration for issuing a guarantee to an organization by a credit institution is not charged.

income tax

The issuance of bank guarantees refers to banking operations (clause 8, article 5 of the Federal Law of December 2, 1990 N 395-1 "On banks and banking activities").

In this case, the costs associated with paying for bank services can be taken into account either:

a) as part of other expenses associated with production and sale (clause 25 clause 1 article 264 of the Tax Code of the Russian Federation) or

b) as part of non-operating expenses as expenses for carrying out activities not directly related to production and (or) sales (clause 15 clause 1 article 265 of the Tax Code of the Russian Federation).

Thus, the organization has the right to independently determine to which particular group it will attribute the costs of paying for bank services to provide a bank guarantee in accordance with paragraph 4 of Art. 252 of the Tax Code of the Russian Federation.

Bank guarantee: details for an accountant

• Accounting for bank expenses under USNO

  2019, transactions for the issuance of bank guarantees will be considered transactions. This adjustment...

• Independent Guarantees: Positions of the Supreme Court

  Work agreement. The enterprise transferred an advance payment to the company under a bank guarantee. Subsequently, ... on making a payment under a bank guarantee. The bank refused to satisfy the named ... Review). For example, if the terms of the bank guarantee provided for the beneficiary to submit a copy of the payment ..., contractor, performer) for the payment of a bank guarantee under state (municipal) contracts terminated ... expenses incurred to pay for a bank guarantee provided for the purpose of securing ...

• The practice of the Constitutional Court of the Russian Federation on tax issues for the first half of 2018
• Digest of important changes in tax legislation for October 2019

  Will be subject to VAT: execution of bank guarantees (issuance and cancellation of a bank guarantee, confirmation and change ...

• Practice of the Constitutional Court of the Russian Federation on tax issues for 2018

  Federation for specific cases of applying a bank guarantee. The Tax Code of the Russian Federation, by establishing ... a limited list of cases for the application of a bank guarantee in tax legal relations, allows you to determine ... the Russian Federation, determining the features of providing a bank guarantee for the purpose of changing the deadlines ... the possibility of arbitrary use by the tax authority of a bank guarantee that provides certain tax liability...

• VAT in 2017. Clarifications of the Ministry of Finance of Russia

  Which is made by the bank on the basis of a bank guarantee issued to the buyer, the buyer should be calculated ... payment for goods was made on the basis of a bank guarantee. Letter dated November 27, 2017 ...

• Innovations in procurement from MUP and SUE in 2019

  Only cash, but also a bank guarantee. These purchases must be carried out ... 3 years. Reducing the amount of the bank guarantee The amount of the bank guarantee can be reduced as ... in the event that the bank that provided the bank guarantee revokes the license to carry out banking ... execution of the contract provided in the form of a bank guarantee, the customer reduces by refusing ... a new security for performance of the contract, the return of a bank guarantee by the customer to the guarantor who provided the specified guarantee ...

• Contract system: latest changes and clarifications

  45, which defines the conditions for the provision of bank guarantees. Recall that customers set the requirement... of the contract is a bank guarantee. Until the end of 2017, customers accepted bank guarantees from... responsible established requirements in order to accept bank guarantees for tax purposes, which is being conducted ... 01.01.2018, the bank that issued the bank guarantee must be included in ... touched on the list of banks issuing a bank guarantee. Now such banks must comply ...