home Business blog A letter of guarantee for payment for services performed. Letter of guarantee to the legal address (sample)

A letter of guarantee for payment for services performed. Letter of guarantee to the legal address (sample)

A letter of guarantee is intended to provide the addressee with written guarantees confirming the promises or conditions, intentions or actions of the sender, one way or another related to the interests of the addressee.

The letter of guarantee may be addressed to an organization or to an individual. The word "guarantee" itself may not appear in the text of the letter, however, the letter will remain a document containing guarantees. A letter of guarantee can guarantee, for example, payment for the work performed, the timing of its completion, the quality of the work, the quality of the goods supplied, the timing of its delivery, payment for the products received, etc. Most often, such guarantees are required if one of the parties does not confident that certain agreements will be fulfilled. These points can make up the content of the entire letter or be part of it. Letters of guarantee are emphatically legal in nature, corresponding in status to documents of a contractual nature, i.e. contracts and additional agreements.

Most often, letters of guarantee are provided to confirm the fact of payment. In this case, it is obligatory to indicate the reference to the contract or invoice numbers according to which the payment is to be made. At the same time, a letter of guarantee can be a document for third parties. For example, when registering a legal entity, it is enough letter of guarantee to provide a legal address, since the conclusion of an office lease agreement is not possible. Also, a letter of guarantee can be accepted by the bank as loan security. The letter in this case will be a confirmation that the addressee will receive the necessary amount to repay it.

A letter of guarantee is distinguished by clarity, accuracy and unambiguous wording - since it deals with the provision of guarantees to the addressee on behalf of and on behalf of an organization or official. It must indicate the type of operation, and sometimes the full procedure that will be performed.

Letters of guarantee may begin with a statement of the essence of the guarantees provided to the addressee, for example: "We guarantee with this letter ...". In other cases, a letter of guarantee may contain a statement of the reasons that caused the intention of the author to declare his readiness to provide certain guarantees to the addressee. In this option, the corresponding statement is formulated in the final part, for example: "I guarantee payment" or "We guarantee timely and full payment."

A characteristic feature of this type of letter is the presence, along with the signature of the author (more often, the director of the organization), the signature of an official who is directly in charge of financial or other monetary matters. If a letter of guarantee is sent as an obligation to pay for a purchase, service rendered, etc., then the letter must contain the bank details of the paying organization.

The typical phrases of a letter of guarantee include the following:

The rules for issuing a letter of guarantee correspond to general rules clearance.

A letter of guarantee is issued when one of the parties to the transaction doubts the solvency and honesty of the other, even despite the contract concluded in accordance with all legal rules and regulations.

Frequent situations when letters of guarantee are requested are:

the obligation to pay for goods received, work performed, services rendered;
guarantee of provision necessary information(for example, providing a legal address during the registration of a legal entity);
confirmation of future intentions (for example, a guarantee of the conclusion of the main cooperation agreement in the future).

IMPORTANT! The letter of guarantee is not a commercial document.

Responsible for the preparation and implementation of guarantees

The responsible compiler, the sender is the party that takes responsibility for the fulfillment of certain obligations.

Design Requirements

Each letter of guarantee must comply with the requirements of the document flow:

How to write?

The most important thing is the statement in the letter of all the important conditions regarding the obligations to be fulfilled. Otherwise, the letter will have no meaning. Let's analyze the most commonly used types of letters of guarantee.

Deferral of payment to the supplier

This is a financial guarantee. The sender asks for a deferred payment and undertakes to make payment on time for the goods received (work performed, services provided).

The structure of the letter of guarantee for deferred payment:

Outgoing number, date.
Title of the document.
Text of the letter:
- the name of the originator and recipient, indicating legal details(For example, AAA LLC asks A1 OJSC to provide a deferred payment for(indicate the details of the document under which the payment obligation arose));
- you can (but not necessarily) specify the reason why it is impossible to make a payment on time (for example, We are not able to make payment within the time period established by the contract in connection with ....);
- the amount of money for which the deferral is requested and the date by which payment will be made (for example, We hereby guarantee payment in the amount of …. to DD.MM.YYYY).
Full name, position, signature of the head and accountant.

About delivery

The sender undertakes to deliver the goods of proper quality within the agreed time frame and agreed quantity.

Structure:

The use of letterhead is preferred.
Outgoing number, date.
Title of the document.
Text of the letter:
- name of the supplier and recipient with details;
- details of the document that is the basis for the delivery;
- you can specify the name and quantity of goods guaranteed for delivery (for example, 10 pieces. Lenovo tablets), if commodity items a lot, it is enough to make a reference to the number of the consignment note, attaching a copy of it to the letter;
- the date by which the goods will be delivered to the recipient.
Full name, position and signature of the head and accountant.
Name and contact details of the performer.

Ways to receive the document by the addressee

Letters of guarantee must be provided to the recipient in two copies personally so that the incoming number and date of delivery are stamped on the sender's copy. Alternative ways delivery of letters of guarantee are: registered letter with acknowledgment of receipt via mail, sending courier service with acknowledgment of receipt.

Correctly drawn up letters of guarantee can have and be recognized by the judiciary as direct evidence.

LETTER OF GUARANTEE

STK-Lab LLC (hereinafter referred to as the "Lessor") hereby guarantees the provision of office space with total area ___ sq. m. as the address of the location of the General Director Ivanov Ivan Ivanovich (sole executive body) registered Company with limited liability"Cornflower" (hereinafter referred to as LLC "Cornflower"). Address of the provided premises: 124482, Moscow, st. Such-and-such, d. 1, office 17.

Upon passing Vasilek LLC state registration a lease agreement for office space located at the above address will be concluded with the company.

The landlord guarantees that the premises belong to him legally and can be freely leased out without violating anyone's interests, as well as the legislation of the Russian Federation.

A copy of the certificate of state registration of ownership of the premises series ___ No. __________ dated dd.mm.yyyy on 1 sheet is attached.

Note: The letter is prepared on the Landlord's letterhead. The details of the Lessor must contain contacts by which employees of the registration authority can contact the Lessor and double-check the information specified in the letter.

When a company interacts with each other, as well as with individuals, it often becomes necessary to draw up a letter of guarantee according to a certain model. There are no specific requirements to such a document, so each company has the right to choose one form or another. About how to make it right, as well as real examples writing - next.

When compiling, it should be borne in mind that, regardless of the specific sample, this document confirms certain facts that are indicated in the text, for example:

intention to sign a contract (often a preliminary contract is also drawn up for this);
bank account information;
guarantees for the fulfillment of certain obligations.

It is always signed by the head of the company. Along with it, the deputy can also sign, as well as any other executive who is also responsible for the fulfillment of obligations (for example, the chief accountant).

NOTE. Regardless of the specific sample, the letter of guarantee is always printed on the letterhead of the company, which contains contact details, the full name of the institution. As a rule, the company seal is also put on the document.

For correct compilation, you can follow any pattern. The content of a particular document, as a rule, depends on the specific case, but should contain the following information:

the date of compilation and the outgoing number, which is registered in a special register of the company;
name of the recipient, as well as, full name CEO the company or other employee to whom it is sent;
the topic itself is usually indicated as the title of the document;
this is followed by a text that is concise and extremely specific (as a rule, the entire text fits on 1 printed page);
if documents are attached to the letter that confirm the fact of the guarantee, the “Appendices” section is filled in, which indicates the name of these documents, their number and type (original or copy).
at the end, the position and surname, name, patronymic of the employee who compiled it are indicated;
followed by the date and signature.

NOTE. If the employee acts on the basis of a power of attorney, he indicates the details of this document, and also attaches a copy of the power of attorney to them. In this case, the seal of the company, as a rule, is not affixed.

Kinds

At the moment, a certain writing practice has developed in business document management, on the basis of which several types of this document can be determined:

Form and examples

In the simplest version, the sample includes only the most basic sections, namely:

to whom it is addressed;
who compiled it;
content;
date, signature and seal.

If a we are talking on payment for goods that this moment is being tested to make a final decision to buy or refuse, you can use this sample.

In some cases, it has a different name, such as "Loan Payment Schedule". Then it is only important to prescribe a repayment schedule - i.e. terms and amounts.

If the employer gives a guarantee to employ a citizen, an example will look like this:

Rules for the preparation and execution

Regardless of the specific sample, when compiling, it is desirable to proceed from the following rules:

The style of presentation is only formal business.
The volume is not more than 1-2 printed pages
In the text, it is undesirable to use complex syntactic constructions that make it difficult to understand.
Any grammatical errors are not allowed.
Since the letter must guarantee certain actions that the party intends to perform, they should be written in a separate paragraph and highlighted by different means (italic, bold or larger).
The text of the promise itself should be extremely specific - for example: “We undertake to pay for the Internet connection service in accordance with the paid services agreement dated May 22, 2014 no later than November 30, 2017” (and not in November of this year) .

It is important to strengthen your guarantee by supporting it with appropriate documentary evidence, if possible.

Always made in 2 copies, each signed by the CEO and blue seal. One copy remains in the custody of the sender and is registered in the workflow register.

Delivery methods

personally in hand with a courier;
registered mail with acknowledgment of receipt;
by scanning a document through email- in this case, it is important to understand that the original is sent, which is scanned or photographed.

It is not sent by fax, because in this case it is not always known how well it will be printed and whether it will reach a specific addressee.

Legal force

Regardless of the content of the text, as well as the sample on which it was drawn up, the document has legal force. However, specific responsibilities are associated with those obligations that are indicated in the text:

In most cases, it is drawn up as a declaration of intent that the company will enter into an agreement in the future on certain conditions. Then it is considered that entity only expressed his intentions, from which he can refuse. Therefore, in this case, it has only an informative character.
They are also compiled in cases where the company confirms its intention to pay for a product or service for a certain period of time. Be sure to provide links to specific agreements and other documents between counterparties.
It is also compiled for the bank, when the company confirms the existence of debt obligations and the intention to make the next payment or pay off the entire debt before a specific date.

In the last 2 cases, the company that made up not only declares its intention to pay for a product, service or financial obligation, but also guarantees to do so within a certain period of time. Therefore, such a document has full legal force. Accordingly, the other party may use the letter as additional evidence if the need arises for litigation.

In trade relations, situations often arise when one of the partners cannot pay for a product or service immediately. You can get a deferred payment in different ways, for example, to conclude supplementary agreement with a supplier, obtain a loan or borrowed capital, make an installment purchase or issue a documented guarantee. An up-to-date sample of a guarantee letter for payment for goods can be downloaded at the end of the article.

In fact, the document has no significant legal force, and nothing prevents the buyer from breaking a written promise to pay on time. However, this kind of documentation can:

restore the limitation period, i.e. the GP confirms that the debtor recognizes and accepts the debt;
compensate for the absence of a concluded contract, for example, if the goods have been delivered, but the contract has not yet been signed, then the “guarantee” will exclude legal problems;
correct errors in the contract, for example, if the agreement between the partners is entered into by an unauthorized person, then the GP will eliminate the legal blot.

In some cases, the supplier may independently request a payment guarantee letter (a sample can be downloaded for free at the end of the article), even if the terms of the contract are not “burning”. For example, a guarantee is required to be provided to third parties as confirmation of the terms of delivery and payment.

The presence of such a document does not relieve the parties from responsibility and fulfillment of the terms of the agreements concluded. For example, if under the contract the buyer is obliged to pay for the products within 10 days, and specified 35 days in the guarantee, then the supplier has the right to accept the terms of the GP, but at the same time charge a penalty for violation of the terms for transferring payment for the supplied products.

The procedure for compiling a "guarantee"

There is no unified form for compiling a letter of guarantee. Install single form meaningless, since in each case the content and text of the request-guarantee are determined in individually. We suggest using a sample form of a payment guarantee letter (you can download it for free).

We draw up a guarantee on a sheet of A4 format, it is permissible to use the letterhead of the organization. Then follow the simple rules:

First of all, we write down the name and address of the recipient of the “guarantee”, we also indicate the position of the head of the company and his full name.
We indicate the name of the documentation, sample: "guarantee letter of payment for the goods."
We describe in detail the conditions and essence of the appeal. AT without fail specify the details of the contract and settlement documents, prescribe the terms and procedure for settlements between partners. We indicate the amount to be transferred, the frequency of payments and special conditions, if any.
If the GP is drawn up to adjust the details, terms of the agreement, then it is necessary to describe in detail the new conditions and details.
We sign the document with the head and chief accountant. We put the date and seal of the company.
We register the document in the journal of outgoing documentation.

You can download a sample payment guarantee letter for free.