Letter of guarantee - a written obligation, according to which the person who made it guarantees to perform certain actions within a specified period. We suggest considering the features of writing such a letter. For convenience, you can use a sample letter of guarantee on the provision of a legal address, payment of debts and employment.
When verbal promises, assurances about the performance of any work are not enough, and guarantees are needed, confirmed by signature and seal. Most often, letters of guarantee are written as a guarantee for the payment of debts.. If an individual or legal entity has a debt, then the creditor has the right to demand from them certain guarantees, property or written, that they will pay the debt with an indication of the exact date. Such a requirement must be written by the borrower. In it, he will assure the creditor of the payment of the debt on time. Also in this letter, penalties can be prescribed if the borrower violates the terms of the obligations assumed.
A letter of guarantee may be written to establish an agreement to secure the supply of goods or raw materials. Another case in which a letter of guarantee is issued is the provision of the legal address of the company that is being registered. This letter indicates the address and gives a guarantee that it will indeed be legal. In addition to these, there are other reasons for writing such a letter. It does not matter for what purpose a letter of guarantee will be written, without fail it must comply with all the rules for registration.
A letter of guarantee is an informal document in which one of the parties undertakes to comply with any conditions or perform certain actions. This may relate to payment, performance of certain works, products or services. It is worth noting that the drafting of this letter can largely shift the solution of the problems that have arisen and is a kind of guarantor between organizations that the parties will fulfill certain agreed conditions.
The letter of guarantee is intended for the addressee whose interests are related to the actions of the sender. The document is drawn up if one of the parties is not sure of compliance with the terms and conditions of the agreement, and such a letter can be addressed to both a legal entity and an individual.
Example. The Vesta company forgot to make a payment for Internet services, as a result, the provider disconnected the organization from these services for non-payment. The company provided a letter of guarantee stating that they undertake to pay off the debt within 3 banking days, on the basis of this, the provider went to the meeting and again provided the Internet without payment at that time.
This type of document is prepared in accordance with certain rules and cannot be written in free form.
The letter of guarantee must contain the following information, written in the specified sequence:
It is desirable (but not necessary) to draw up a document for or organizations, it can also be certified with a seal. Usually, all obligations of the parties are specified in the contract, but a letter of guarantee in some cases can become additional insurance provided by the constituent party.
For example, if the organization has just begun its activities and the management has not yet had time to draw up a lease agreement for premises, without which most activities are impossible, draw up an official legal contract between the parties will not work. In this case, the letter of guarantee will become both a confirmation of the transaction and a guarantee of payment (provided that the document is certified by a notary).
It is worth noting that it is better if the information in the document carries certain specifics, in which case this document will be of great significance and value. In this case, it is more likely that the organization to which you are writing this document will go to meet you.
Ref. No. 190913-1
Director
LLC "West"
D.B. Egorov
Letter of guarantee
IP Yurovsky, 1115861111121, as recipient plastic panels on the basis of the sales contract No. 14/2015 dated September 30, 2015, concluded with West LLC, hereby guarantees full payment for the products on the day they are received.
Individual entrepreneur Yurovsky Sergey Viktorovich
A letter of guarantee has its own characteristics, which must be taken into account when drawing up. In such a document, it is better not to use long and vague wording that can be interpreted in two ways: under certain circumstances, this may not work in favor of the compiler. In the letter, you can and should use the word “guarantee” and its derivatives: “the company guarantees”, “we guarantee”.
Spelling and stylistic errors: in some cases, this may be a reason to invalidate such a document. This happens extremely rarely and looks more like the last opportunity to cling to at least some kind of violation if one of the parties is trying with all its might to cancel obligations. But serious violations of the design are indeed a good reason for the letter to become invalid (lack of signatures, details or the wrong date).
As for the legal force, the letter of guarantee does not have it until it is certified by a notary. However, in this case, the status of the document will already change: upon official acceptance ( written consent recipient) it will acquire the force of a contract. Therefore, it is advisable to attach copies of documents to the letter of guarantee, which also need to be certified. These may be copies of contracts, details of the parties, registration certificates and other documentation, the availability of which the parties deem necessary.
The most commonly used means of conveying information is writing. Special place occupies business correspondence, as a rule, it is used for closer informative contact between the parties.
Commercial enterprises in the process of carrying out production, economic activity aimed at making a profit, communicate quite closely with counterparty organizations. This is necessary to achieve optimal results in cooperation. The more precisely the terms of contracts are stipulated, the higher the result of joint work. Organizations that have been actively interacting in the field of business relations for several years, have constant correspondence, have a higher coefficient of partner trust. At the same time, the emergence of friendly relations between organizations is welcome, but the ethics of business correspondence should not be violated.
All business correspondence can be divided into groups according to several criteria. For example, according to the form of sending a letter, there are electronic, facsimile and letters sent in envelopes. The main, most important, is considered the thematic feature of the letter, in this case, the division occurs into two large groups:
1. Non-commercial. These include:
This type of correspondence is used in cases of existing contractual obligations and contains organizational information or additions and wishes to existing documents.
2. Commercial letters are divided into:
Commercial letters contain proposals for the conclusion of contracts, also this species applied after the signing of contracts for operational work and as additional agreements.
The letter of guarantee serves the addressee documentary evidence actions, intentions that affect the interests of both parties. Most often, it is provided to the supplier organization and confirms the fact of depositing funds to its current account for the supply of products, types of work, services. A letter of guarantee for payment can be used in the event of unforeseen, force majeure circumstances both within the framework of the contract and in cases not provided for by it. The buyer may delay payment as a result of a temporary shortage of working capital, when receiving additional quantities of delivered goods, when returning and replacing goods received, etc. In any case, the letter of guarantee contains obligations that are not always justified from a legal point of view.
The organization can provide a letter of guarantee not only to counterparties (legal entities), but also to citizens (individuals), depending on the obligations specified in it. At the same time, the word "guarantee" may not be mentioned in the text of the letter; it is important that it contains a confirmation of the intentions of the organization issuing it. Exists the following types warranty business letter.
This document is intended for registration of a legal entity that does not have its own premises, respectively, address at the time of registration, but rents space. The owner who leases the property draws up a document at the request of the tenant. The absence of this document is not a reason for refusing registration, since landlords are very reluctant to give it.
Contains a confirmation of the supplier's obligations regarding the timing, quantity, quality of the goods sold or the contracted services provided, the work performed. It can be issued in the presence of a valid supply agreement or as the beginning of partnerships between organizations.
A letter of guarantee for payment is the most requested document. It has no legal force, but upon receipt of it, the deadline for writing off the debt is postponed. After 3 years, receivables and payables are written off by the enterprise for its own losses or profit. Upon receipt of a letter of guarantee from the counterparty to pay the debt or, accordingly, sending such a document to the supplier, the term of the debt is increased by 3 years, during which it can be repaid.
Any letter sent to the counterparty is drawn up according to the standards of business correspondence. First of all, it should not contain unnecessary information, only the main topic, which is briefly and clearly stated in the content. Brevity of phrases and healthy formalism are welcomed. All sentences should be simple and clear without a large number of additions, participles and participles. The tone of the letter of guarantee is official, in accordance with it, an appeal to officials enterprises. Obligations are formulated unambiguously; as a clarification, it can be written step by step procedure(for example, paying off debt in several payments).
Most large companies use company letterhead for business correspondence, sometimes with a logo and on special paper. In the case of issuing a letter of guarantee without using it, it must be taken into account that, in addition to the informational text, the letter must contain the following mandatory details:
When compiling a letter of guarantee by an individual, his passport data and registration are indicated. Often this kind of document is additionally certified by a notary.
Nowadays, in the modern business world, partners (organizations, individual entrepreneurs, individuals) line up business relationship based on commodity-money exchange. To streamline these relationships, there is a business correspondence, one of these forms are letters of guarantee.
At its core, a letter of guarantee is a document confirming the fulfillment of obligations assumed in the future, such as: payment of a debt, performance of work, provision of services, supply of goods, etc. The debtor can write a letter of guarantee in which he assures that the existing debt within a specified period.
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The guarantee is often used in the pre-trial dispute resolution procedure. When a debt has formed and there are grounds for filing a lawsuit, but with the help of guarantee obligations, there is a so-called deferred payment until a certain period. This tool is enshrined in articles 619, 715, 723, 480 of the Civil Code of the Russian Federation, which give the debtor an additional period to eliminate violations of the terms of the contract (for example, payment terms).
So in what cases is it worth writing a letter of guarantee? This issue is resolved by agreement of the parties. One of the parties without fail has the right to demand to provide them with a guarantee obligation (for example, when the delivery of goods is carried out on credit or not on an advance payment).
In most cases, guarantees are nevertheless drawn up in case of violation of the terms for the fulfillment of monetary obligations, when the defaulter, trying to avoid litigation, sends this document to his creditor. Also, in frequent cases, the specified guarantee is written in response to a claim for debt repayment.
For example, the supplier sends a claim to the buyer demanding to pay the amount of the debt for the delivered goods, indicating that the debtor did not fulfill his obligations within the terms specified in the contract.
The current Russian legislation does not provide for mandatory requirements for the preparation and essence of a letter of guarantee, however, they are of a legal nature.
However, every business person should be able to correctly and skillfully compose these letters.
This article is supposed to consider the features and rules for compiling (executing) a guarantee for paying debts.
When compiling this guarantee, it is necessary to approach the preparation of its text with full responsibility and seriousness. Its content should be clear and understandable, business language, without slang and jargon. Indicating the terms during which the obligations will be repaid, it is necessary to be aware of their material capabilities. After all, in case of non-performance of the guarantee, you may incur losses in the form of legal costs, pennies, fines.
The text of the guarantee letters must contain the following details:
When writing a letter, the wording “letter of guarantee” should not, in principle, be found in the text.
It will also be useful (and besides, it will inspire confidence on the part of the creditor) if the letter contains penalties for failure to fulfill obligations within the agreed time frame.
In order to formulate the essence of the assurance as correctly as possible, it is necessary to know which wording will most clearly reflect it.
The most suitable words and expressions will be:
Sample letter of guarantee for payment of debt
LETTER OF GUARANTEE
By this letter, we undertake to repay the existing debt under the supply agreement by June 15, 2016 non-food items No. 132/TK dated January 20, 2016 for payment for the delivered goods in the amount of 123,466 (one hundred and twenty-three thousand, four hundred and sixty-six) rubles, including VAT. Payment will be made in equal monthly installments:
General Director __________________ /A.N. Ivanov/
Sample #2
PAYMENT LETTER
Due to the difficult financial situation at the enterprise due to delayed financing from the customer, at present, an unforeseen debt has formed before your organization under subcontract No. 567/2015 dated November 17, 2015 in the amount of 670,000 (six hundred and seventy thousand) rubles. In turn, we guarantee the repayment of the debt in full by December 30, 2016.
In case of non-payment within the established period, interest will be paid at the rate of 1% of the amount of overdue obligations, for each day of delay.
Director _______________ V. L. Sobolev
Chief Accountant _______________I. V. Pisareva
Sample #3
On May 10, 2014, a lease agreement was concluded between our organization and you non-residential premises No. 678-56. Indeed, according to the reconciliation act dated 06/30/2015, our organization had a debt in payment rent payments and public Utilities for June and July 2015 in the amount of 60,000 rubles. In turn, we apologize for the improper fulfillment of our obligations (due to the blocking of the current account tax service) and guarantee to repay all the resulting debt in full by September 30, 2015. We also guarantee in the future not to violate the terms of the agreement concluded between us.
Director ______________/V.I. Ivanov/
V business area a letter of guarantee can be written with the most different purposes: confirmation of payment under the contract for the supply of goods, ensuring the obligation to hire, provide services, return money. The legitimacy of this kind of use of letters often raises questions from both parties - participants in the agreement - about how the document is composed.
A document written as a written confirmation by one party to perform some planned action in relation to the other party is called a letter of guarantee. You may need a confirmation action to confirm your intentions with a business partner or to agree with a supplier's offer when the usual consent is not enough.
The scope of letters of guarantee is business correspondence with the aim of persuading the fulfillment of certain conditions or obligations of the agreed volumes and terms. The legislation does not regulate such papers, therefore the correspondence is carried out within the framework of the norms of office work and requires special clarity of presentation, excluding ambiguous interpretation.
Based on the practice of court cases and Decree No. A 40 / 10855-08 of the Federal Arbitration Court (Moscow District), letters of repayment of debts to the creditor are not considered an official promise to fulfill the obligation, being rather a confirmation of the author's intention or agreement with assumed responsibility. There is also no guarantee of performance in the event of litigation.
The document formalizes the intention to subsequently conclude an agreement with the recipient. Article 432 of the Civil Code of the Russian Federation defines the conclusion of a transaction as the acceptance by one party of an offer to conclude an agreement from the other. An offer on the term of delivery of goods, provision of services and consent to payment can be guaranteed both as an offer and as an acceptance.
Article 435 of the Civil Code of Ukraine calls an offer a document sent to a legal entity with a proposal to consider the contract concluded if the offer made is suitable for the addressee. For example: the company that wrote the guarantee expresses its readiness to consider itself as having entered into an agreement with the addressee who accepted the offer. This is the case when the obligation is an offer.
Letter of guarantee includes important conditions. The proposal to pay for repair services must contain an obligation to start and finish work, criteria for evaluating work, and other conditions essential for a work contract specified in Articles 702 and 708 of the Civil Code of the Russian Federation. In this case, articles 438 and 434 of the Civil Code suggest that the transaction be considered completed, even in the absence of a bilateral main agreement.
Article 438 of the Civil Code provides the opportunity for the certification paper to be an acceptance confirming consent to the proposal voiced earlier: for example, as a response to a multicast commercial proposal on the company's website. Such consent does not require a specific indication of the conditions, but implies confirmation of unambiguous consent to the conditions proposed by the counterparty (Article 438 of the Civil Code).
The essence of the guarantee is a confirmation of the obligations assumed by one partner in relation to another. Guarantees for monetary debts are common, since they can be presented to the court as a response to a claim, if such a need arises. It may be necessary to issue a warranty certificate for certain work or repairs.
Proof of payment for goods is a popular type of certifying document. The occurrence of unforeseen circumstances that make payment impossible force the debtor to provide security for the sale of goods on credit with payment after shipment. The text should indicate the amount of debt. This case requires the signature of not only the head of the company, but also the chief accountant to confirm the performance guarantees to the addressee.
Certification that the promised will be done by a given date is performed as a guarantee for the provision of services. The voluminous task is divided into several stages with control dates. In addition to time limits, they indicate norms or standards by which the customer can judge the quality of services and make claims for a security deposit (if provided). Such paper is sent in case of violation of the deadlines specified in the contract.
A guarantee of the provision of leased space is required for registration by a legal entity that is not the owner of a commercial premises. When the indication of the legal address is necessary (for example, when registering an LLC), the address of the premises occupied by the lease may be indicated. A guarantee letter of intent from the lessor is drawn up by the owner of the leased premises, at the request of the legal entity to which the provision of the premises is guaranteed. A certified copy of the paper on the right of the owner of the premises should be attached to the letter.
Employment confirmation indicates the employer's intention to provide workplace potential employee. This document is required:
There are no official legal norms regulating the rules for writing letters of guarantee of the Russian Federation, although their scope is in business correspondence extremely wide. General rules official documents require maximum specificity and unambiguous wording, since they are accepted by the court as confirmation of agreements and transactions.
Guarantees are issued on a sheet of A4 format, no more than one page. The rule of compilation by a legal entity requires letterhead organization, in the header of which the bank details of the company are indicated. Signed by the head of the enterprise (mandatory) and Chief Accountant if necessary. Confirmation from an individual is written on a regular sheet, the form is arbitrary.
For confirmation paper, you must specify:
To write a competent obligation, follow the recommendations for business correspondence:
When certifying guarantees, keep in mind:
Any type of written confirmation shall include both standard details, entered into the template (registration number of outgoing documentation, document name, data of the sender and recipient), as well as individual nuances, depending on what function the obligation performs. Peculiarities different types letters will be discussed below.
A sample payment guarantee letter might look like this:
The obligation is applied in case of violation of the agreed deadlines. Sample letter of guarantee for the performance of work:
A paper guaranteeing the provision of documents by a certain date is required if it is impossible to fulfill any obligation. An example of a letter of guarantee for such a case:
The obligation to hire is sent to a specific organization or to the hands of a future employee. You can correctly compose it according to the following sample letter of guarantee:
Advantages:
Flaws:
Sign a guarantee paper in conditions of limited time or inappropriate development of a detailed agreement in compliance with all procedural points. With all the convenience of this form of agreement, it leaves wide opportunities for the emergence of controversial issues, which will have to be resolved by litigation.
