Bank guarantee for the enforcement of the contract: sample, transactions, validity. Sberbank: bank guarantees to enforce the contract

Bank collateral is a guarantee of fulfillment of obligations in government contracts. The rules for its provision and all the nuances of use are described in the Federal Law No. 44 “On the contract system in the field of procurement for municipal needs”.

When security is not required

There are cases when a bank guarantee is not provided. For example, if the document is signed between state organizations (even if the papers indicate the opposite). A bank guarantee to enforce the contract is not applied if the subject of the transaction is a loan. The law provides that the customer may independently refuse to provide security or use other work as the latter. This applies to single deliveries in the amount of not more than 100 thousand rubles, the acquisition of cultural property, the purchase of military equipment that has no analogues in Russia.

Also, a guarantee is not required in such cases:

• if the party to the transaction is an individual entrepreneur or a social organization;

• the project indicates the conditions for banking support;

• advance payments are transferred to the account of the territorial treasury body;

• advance payment amounts to 70% of the cost of delivery, and the balance is paid after the completion of services.

If the contract provides for the enforcement of the contract, the conditions of the bank guarantee should be clearly stated in the document.

Requisites

A bank guarantee to enforce the VTB contract must contain the following clauses:

• type (return of advance payment, fulfillment of obligations, etc.);

• Beneficiary details;

• details of the contract to which the security is issued;

• format of the guarantee (written, electronic);

• form (banking proposed by the beneficiary);

• amount;

• Currency

• term of a bank guarantee to enforce the contract.

The procedure for mutual settlements should be described in detail. The guarantee is provided for remuneration, which is established in percentage terms or in a fixed amount. The parties decide how it will be paid: at a time, according to the schedule, before issuance, until a certain date. Sometimes banks require a pledge in the form of real estate or a guarantee.

Kinds

Enforcing a government contract is a bank guarantee that can be provided to participate in a tender or protect the interests of customers by a tender winner. Sometimes a document is also drawn up for a down payment. So the customer is trying to protect themselves from dishonest performers. The customs guarantee is used in the conditions of the regime of temporary importation of goods into the territory of another country.

Options

There are two types of government contract security:

1. Warranty.

2. Transferring money to the customer’s account.

The contractor independently chooses for himself any of the options. The ability to use a bank guarantee in part, and the remaining part to cover in cash is missing. The document is signed only with one credit institution, for the entire amount of the delivery.

Volume

Bank guarantee for contract enforcement provided in the amount of 5-30% of the maximum price, which is indicated in the notice. If the contract value exceeds 50 million rubles, this figure increases to 10-30%. The amount of security must exceed the amount of the advance if the latter is less than 30%. So the customer insures the risk of non-return of funds if the contractor refuses his obligations.

Very often, the contractor significantly underestimates the minimum transaction price in order to attract customers. In such cases, anti-dumping measures take effect . If the contract value is underestimated by a quarter or does not exceed 15 million rubles, then either the customer provides information that characterizes him as a bona fide participant in the transaction, or there should be a bank guarantee to ensure the execution of the contract, a sample of which will be presented below. In the second case, the contractor will have to insure the risks 1.5 times more than the initial ones.

Cash collateral

Transfer of advance payment is a more reliable way, confirming the intentions of the parties. There is no need to study banking regulations, the risk that documents will not be accepted. As collateral, you can also use credit funds.

Money must be received within the period specified in the project, otherwise the contract will not be concluded. The document itself should indicate the date of return of collateral. Most often, this is the next day after signing the certificate of completion.

Features

A bank guarantee for enforcing a contract may not be issued by any credit institution, but only by one that is included in the list of financial institutions whose guarantees are taken into account for NU purposes. It is presented on the website of the Ministry of Finance and the Central Bank of the Russian Federation. The credit institution must meet the following requirements:

1. Have a license from the Central Bank of the Russian Federation.

2. Carry out banking activities for at least five years.

3. Have own funds in the amount of at least 1 billion rubles.

At the beginning of 2015, just over 300 banks met these requirements.

Requirements

• The document should contain a clear statement of obligations, the amount of the transaction. In case of delay in settlements, the Bank undertakes to pay a penalty in the amount of 0.1% per day.

• The guarantee must be irrevocable, that is, one that cannot be withdrawn by the bank under any circumstances.

• The moment of fulfillment of obligations is the date of crediting of funds.

• Enforcing a contract is a bank guarantee. The validity period must exceed at least 30 days the duration of the main contract.

• The law allows the customer to write off funds in cases of delay of payment for 5 days.

The decision on compliance of the guarantee with all customer requirements must be made within 3 days. If the security does not meet the conditions, it is necessary to provide the contractor with a written refusal indicating the reason. There may be several:

1. The bank guarantee for enforcing the contract is not registered in the register of the Federal Treasury.

2. The document was signed by a financial institution, which is not on the list of the Ministry of Finance.

3. The contract does not comply with the requirements of Federal Law No. 44.

Commission

The paper signing algorithm is similar to the process of obtaining a loan. The decision is made on the basis of the analysis of documents of a potential bidder. In practice, this process takes at least 2 weeks. Sberbank calculates bank guarantees to ensure the execution of the contract for each client individually, taking into account state restrictions. In practice, the maximum amount does not exceed 25% of the contract value. Like a loan, Sberbank provides bank guarantees to ensure the execution of the contract not free of charge, but for a certain fee. The size of the commission depends on the amount of funds, terms, availability of collateral.

Benefits

A bank guarantee - as a security for the execution of the contract - allows the customer to reduce the risks of poor-quality work. The contractor may enter the market for government orders and large corporations. The application of the guarantee allows not to divert funds from the turnover, to direct them to finance current activities or to cover costs. If you place temporarily available funds on a deposit, then the interest income will exceed the amount of the commission paid for the guarantee. The credit institution receives additional income from such transactions. At the same time, it assumes responsibility for the debts of the principal.

Bank guarantee for enforcing a contract: sample

The branch of the OJSC (guarantor) represented by Director I. Petrov, who acts on the basis of power of attorney No. AA75, informs: he knows that the CJSC (principal) has been recognized as the winner of the auction for the right to conclude a contract for the construction of a road conducted by LLC (beneficiary), according to the results of which is a contract.

The guarantor ensures the fulfillment by the principal of obligations.

The document comes into force from the moment of its signing.

The guarantor undertakes to pay the beneficiary funds in an amount not exceeding 400,000 (four hundred thousand) rubles, within 3 (three) business days from the receipt of the claim containing:

• notice of violation by the principal;
• description of obligations.

Documents must be attached to the application:

• certified copy of the contract;
• default claim;
• copies of papers that confirm the credentials of signatories.

The claim must be submitted during the warranty period to the address: Belgorod, st. Road 1.

The responsibility of the guarantor is limited to the payment of the amount for which this document is signed, and is reduced by the amount of funds paid to the beneficiary.

The document is prepared in a single copy and is valid until 12/31/2015.

Bank guarantee for the enforcement of the contract: postings

When the funds are received by the beneficiary, he takes them into account on account 51 “Bank accounts” and 76 “Settlements with creditors”. The principal's debt is indicated depending on the type of obligations: on account 58-3 “Loans”, 62 “Settlements with customers”, 58 “Financial investments”. The beneficiary must recognize the cash received as payment for the state order as sales proceeds. How does the BU show a bank guarantee to enforce the contract? Postings are presented in the table below.

That, in fact, is all that you should pay attention to when compiling bank guarantees.