Bank guarantee for the enforcement of the contract: sample, posting, expiration date. Sberbank: bank guarantees to enforce the contract

Finance

Banking is a guaranteefulfillment of obligations in government contracts. The procedure for its submission and all the nuances of use are described in Federal Law No. 44 "On the Contract System in the Sphere of Procurement for the Purposes of Municipal Needs".

When collateral is not required

There are cases when a bank guarantee does notis granted. For example, if a document is signed between state organizations (even if the paper indicates the opposite). A bank guarantee for the enforcement of a contract does not apply if the subject of the transaction is the execution of a loan. The law provides that the customer can independently refuse to provide or as the latter use other work. This applies to one-time deliveries worth not more than 100 thousand rubles, the acquisition of cultural values, the purchase of military equipment that have no analogues in Russia.

Also, the warranty is not required in such cases:

if the transaction participant is an IP or a social organization;
the draft specifies the conditions for bank escort;
advance payments are transferred to the account of the territorial body of the treasury;
the amount of advance payment is 70% of the cost of delivery, and the balance is paid after the performance of services.

If the contract provides for the enforcement of the contract, the terms of the bank guarantee should be clearly spelled out in the document.

Requisites

A bank guarantee for the enforcement of a VTB contract must necessarily contain such items:

type (return of advance, performance of obligations, etc.);
requisites of the beneficiary;
data of the contract to which the security is issued;
format of guarantee (written, electronic);
form (banking, proposed by the beneficiary);
amount;
currency;
the term of the bank guarantee for the enforcement of the contract.

It is necessary to describe in detail the order of mutual settlements. The guarantee is granted for a fee, which is set in a percentage or a firm amount. The parties decide how it will be paid: at a time, on schedule, before issuance, until a certain date. Sometimes banks require a pledge in the form of real estate or surety.

bank guarantees for the enforcement of the contract

Kinds

Ensuring the execution of the state contract- A bank guarantee that can be provided for participation in a tender or for the protection of the interests of customers by the winner of the bidding. Sometimes the document is drawn up and for the listed advance payment. So the customer tries to protect himself from unscrupulous performers. The customs guarantee is used in conditions of the regime of temporary import of goods into the territory of another country.

Options

There are two types of state contract maintenance:

1. Provision of a guarantee.

2. Transfer of money to the account of the customer.

The contractor chooses for himselfany of the options. The ability to use the bank guarantee in part, and the remainder to cover in cash. The document is signed with only one credit institution, for the entire amount of the delivery.

Scope

Bank guarantee for contract enforcement is given in the amount of 5-30% of the maximumprice, which is indicated in the notice. If the value of the contract exceeds 50 million rubles, this figure increases to 10-30%. The amount of collateral must exceed the advance amount, 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 performer significantly understatesthe minimum price of the transaction to attract customers. In such cases, anti-dumping measures take effect. If the value of the contract is understated by a quarter or does not exceed 15 million rubles, then either the customer provides information characterizing it as a bona fide participant in the transaction, or there must be a bank guarantee to enforce the contract, a sample of which will be presented below. In the second case, the contractor will have to insure risks 1.5 times the original.

Provision in the form of cash

Advance transfer is more reliableway, confirming the intentions of the parties. There is no need to study banking regulations, the risk that documents will not be accepted. As a security, you can also use credit funds.

The money must go to the agreed upon in the projectterm, otherwise the contract will not be concluded. In the document itself, you must specify the date the security is returned. Most often this is the next day after the signing of the act of work performed.

Features

Bank guarantee for performancethe contract can be issued not by any credit organization, but only that which is included in the list of financial institutions whose guarantees are taken into account for the purposes of the NU. It is presented on the website of the Ministry of Finance and the Central Bank of Russia. A credit institution must meet the following requirements:

Have a license of the CBR.
Carry out banking for at least five years.
Have own funds in the amount of at least 1 billion rubles.

A little over 300 banks corresponded to these requirements at the beginning of 2015.

Requirements

The document should contain a clear statement of obligations, the amount of the transaction. In the event of a delay in settlement, the Bank undertakes to pay a penalty of 0.1% per day.
The guarantee must be irrevocable, that is, one that can not be withdrawn by the bank under any circumstances.
The date of crediting is considered to be the moment of performance of obligations.
Enforcement of the contract is a bank guarantee. The validity period must be at least 30 days longer than the validity period of the main contract.
The law allows the customer in cases of delay in payment for 5 days to make a write-off.

Decision on the compliance of the guarantee with all requirementsThe customer must be accepted within 3 days. If the security does not meet the conditions, it is necessary to provide the executor with a written refusal indicating the reason. There can be several:

1. A bank guarantee for the enforcement of the contract is not registered in the register of the Federal Treasury.

2. The document was signed by the 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 algorithm of signing the papers is similar to the processcredit registration. The decision is made on the basis of an analysis of the documents of the potential bidder. In practice, this process takes at least 2 weeks. Sberbank bank guarantees for the execution of the contract for each client individually, subject to government restrictions. In practice, the maximum amount does not exceed 25% of the value of the contract. Like a loan, Sberbank provides bank guarantees to ensure the performance of the contract, not for free, but for a certain fee. The size of the commission depends on the amount of funds, terms, availability of collateral.

Benefits

Bank guarantee - as collateralexecution of the contract - allows the customer to reduce the risks of poor performance. The contractor can enter the market of state orders and large corporations. The application of the guarantee allows not to divert money from the turnover, direct them to finance current activities or cover costs. If you place temporarily idle funds on a deposit, the interest income will exceed the amount of the commission paid for the guarantee. A credit institution from such transactions receives additional income. At the same time, it assumes responsibility for the principal's debts.

Bank guarantee for the enforcement of the contract: a sample

The branch of JSC (guarantor) represented by the director Petrova II., which acts on the basis of power of attorney No. АА75, informs: it is known that the CJSC (principal) is recognized as the winner of the auction for the right to conclude a contract for the construction of a road running LLC (the beneficiary), which results in a contract.

The guarantor ensures that the principal fulfills the obligations.

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

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

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

The application must be accompanied by the following documents:

a certified copy of the contract;
claim for default;
copies of the documents that confirm the authority of the signatories of the document.

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

The liability 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 made in a single copy and is valid until 31.12.2015.

Bank guarantee for the enforcement of the contract: posting

When the beneficiary receives funds, hetakes them into account on the account 51 "Accounts in the bank" and 76 "Settlements with creditors". Indebtedness of the principal is indicated depending on the type of obligations: on account 58-3 "Loans", 62 "Settlements with buyers", 58 "Finvlozheniya." The beneficiary must recognize the cash that was received as payment for the state order, the proceeds from the sale. How does the bank guarantee a bank guarantee for the enforcement of the contract? The postings are presented in the table below.