home Ideas Letter of guarantee for purchase. How to write a letter of guarantee for the performance of work

Letter of guarantee for purchase. How to write a letter of guarantee for the performance of work

Content

In the business sphere, a letter of guarantee can be written for a variety of purposes: confirmation of payment under a contract for the supply of goods, ensuring an obligation to hire, provide services, return money. The legality of this kind of use of letters often raises questions from both parties - the parties to the agreement - about how the document is drawn up.

What is a letter of guarantee

A paper 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. A confirming action is sometimes necessary to confirm one's own intentions to a business partner or agreement with a supplier's proposal when ordinary agreement is not enough.

Application in legal practice

The scope of the letters of guarantee is business correspondence for the purpose of convincing the fulfillment of certain conditions or obligations of the agreed volumes and terms. The legislation does not regulate such papers in any way, therefore correspondence is conducted within the framework of office work norms and requires special clarity of presentation, excluding ambiguous interpretation.

Is a letter of guarantee evidence in court?

Based on the practice of court cases and Resolution No. A 40/10855-08 of the Federal Arbitration Court (Moscow District), letters of repayment of debt to a creditor are not considered an official promise to fulfill an obligation, but rather a confirmation of the author’s intention or agreement with the assumed responsibility. There is also no guarantee of execution in the event of legal proceedings.

Letter of guarantee form

The document formalizes the intention to subsequently enter into an agreement with the recipient. The Civil Code of the Russian Federation, Article 432, defines the completion of a transaction as the acceptance by one party of an offer to conclude an agreement from the other. A proposal regarding the delivery time of goods, provision of services and agreement to payment can be guaranteed both as an offer and as an acceptance.

Letter of guarantee as an offer

Article 435 of the Civil Code calls an offer a document sent to a legal entity with a proposal to consider the contract concluded if the offer made suits the addressee. For example: the company that wrote the guarantee expresses its willingness to consider itself to have entered into an agreement with the addressee who accepted the offer. This is a case where the obligation is an offer.

The letter of guarantee includes important conditions. An offer to pay for repair services must contain an obligation to begin and complete the work, criteria for evaluating the work, and other conditions essential to the 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 propose to consider the transaction completed, even in the absence of a bilateral main agreement.

Guarantee of acceptance in letter

Article 438 of the Civil Code provides the opportunity for an identification document to be an acceptance confirming consent to a proposal voiced earlier: for example, as a response to a multi-address Commercial offer on the company website. Such consent does not require specific indication of the conditions, but presupposes confirmation of unambiguous consent to the conditions proposed by the counterparty (Article 438 of the Civil Code).

Types of letters of guarantee

The essence of the guarantee is confirmation of accepted obligations on the part of one partner in relation to the other. Guarantees regarding monetary debts are common, since they can be presented to the court as a response to a claim, if the need arises. A warranty may be required for some work or repairs.

To pay for goods

Confirmation of payment for goods is a popular type of identification document. The emergence of unforeseen circumstances that make payment impossible forces 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.

Warranty obligations for work performed or services provided

Certification that what is promised will be done by the given date is carried out as a guarantee for the provision of the service. A voluminous task is divided into several stages with deadlines. In addition to time boundaries, they indicate norms or standards by which the customer can judge the quality of services and make claims for the security deposit (if provided). Such paper is sent in case of violation of the delivery deadlines specified in the contract.

Letter confirming the landlord's intentions

A guarantee of the provision of rented space is required for registration by a legal entity that is not the owner of the retail premises. When instructions legal address it is necessary (for example, when registering an LLC) to indicate the address of the premises occupied under the lease agreement. A letter of guarantee of the landlord's intentions is drawn up by the owner of the leased premises, at the request of the legal entity to which the provision of the space is guaranteed. A certified copy of the title deed of the owner of the premises should be attached to the letter.

Guarantee for future employment

Confirmation of employment indicates the employer's intention to provide workplace potential employee. This document is required:

a student who studied on a budget basis;
a foreigner completing paperwork for the migration service;
in other cases, when availability of space labor activity requires confirmation.

How to write a letter of guarantee

There are no official legal norms regulating the rules for writing letters of guarantee in the Russian Federation, although the scope of their application in business correspondence is 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.

Letter of guarantee form

The provision of guarantees is drawn up on an A4 sheet, no more than one page. The rule for drawing up by a legal entity requires the organization's letterhead, in the header of which the bank details of the company are indicated. The head of the enterprise signs (in mandatory) And Chief Accountant if necessary. Confirmation from individual written on a regular sheet of paper, the form is arbitrary.

Required details

For the confirmation paper you must indicate:

outgoing registration number and date of writing;
name of the sending company;
Full name of the head of the addressee company;
content of the letter;
details of the sending organization;
position, personal signature and full name of the manager (for an acting official, details of the power of attorney attached to the identification document are indicated).

Text of the letter of guarantee

To write a competent commitment, follow the recommendations for business correspondence:

restrained and correct style of speech;
brevity of presentation, appropriateness of the facts presented;
specifically formulated phrases (confirming documents are characterized by phrases and words such as: “we guarantee”, “we undertake”).

Design rules

when filling out the addressee column, the person (or organization) who is the recipient of the payment must be indicated;
the letter guaranteeing payment of the debt must include the deadlines for receiving the debt;
the text must contain the details of the company guaranteeing the fulfillment of the obligation (this can be on the company’s letterhead);
a list of briefly formulated reasons that prompted you to write a guarantee paper is welcome.

Confirmation of guarantees

When certifying guarantees, you should keep in mind:

in a letter written from an individual, the author personally confirms the guarantees;
a paper guaranteeing payment of debt by an organization or other financial obligations, in addition to the signature of the manager, is confirmed by the seal of the company and the signature of the chief accountant of the company.

Sample letters of guarantee

Written confirmation of any type includes standard details entered into the template ( registration number outgoing documentation, title of the document, 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.

About payment

A sample payment guarantee letter may be as follows:

the recipient’s details are written on the upper left side of the sheet (example: director of Spetsproekt LLC, V.A. Skvortsov);
title of the document in the center of the line (confirmation of payment for goods);
On the left, the registration number and date of drawing up the guarantee paper must be indicated (example: No. 125/16, 09/18/2016);
The following is indicated as proof of payment:

amount to be paid;
document justifying the debt;
guaranteed debt repayment terms;
bank details of the payer;
sanctions in case of non-payment (example: we guarantee that payment in the amount of 800,000 rubles for organizing the seminar “Personnel and Production” according to application No. 42-16 dated 08/07/2016 will be completed before 10/05/2016. Bank details: Delta OJSC -Bank", Moscow, account No. 12586953. If the transfer deadline is not met Money, for each day of delay we undertake to pay 1% of the guaranteed amount.);

details of the company director;
details of the company's chief accountant.

Warranty for work performance

The obligation applies in case of violation of the agreed terms. Sample letter of guarantee for work performance:

the recipient’s details are written on the upper left side of the sheet (example: director of Ternetsia LLC Nesterenko S.E.);
title of the paper in the center of the line (example: about completion repair work);
on the left side of the line indicate the registration number and the date of drawing up the guarantee (example: No. 124/16, 05/13/2016);
To confirm the completion of tasks, you should:

list the type of work (or stages) and deadlines;
write the details of the justification for fulfilling the required (contract, agreement);
clarify where the activities are carried out (example: we guarantee that LLC “Golden Hands” as the contractor at the address: Moscow, Malaya Dmitrovskaya str., 5, apt. 11, in accordance with Contract Agreement No. 2 dated March 10, 2016 , will complete all repairs in the apartment specified in the Agreement by June 15, 2016. We guarantee the quality of the work.);

Full name, position of the head of the company, signature;
Full name and signature of the chief accountant.

About submitting documents on time

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 recipient's details are written in the upper left part of the sheet (example: to CEO CJSC "Lira" Lukin O.E.);
the name of the paper in the center of the line (example: about submitting documents on time);
on the left side of the line indicate the registration number and the date of drawing up the guarantee (example: No. 78, 03/07/2010);
the obligation states:

view mandatory documents and terms of provision;
details of the claim substantiation;
reasons for rescheduling (example: we guarantee that Prometey JSC undertakes to submit information for the period from September 1 to June 30, in accordance with Requirement No. 32557 dated July 21, 2014, until August 5, 2014. It is not possible to provide documents earlier due to with the fact that the chief accountant of Prometey CJSC is on vacation until July 29, 2014. His responsibilities for the period of vacation are not assigned to anyone. Attachment: copy of the order for granting vacation dated July 9, 2014 No. 182);

signature of the head of the company (example: director of Prometey CJSC S.V. Timoshin).

About hiring

The commitment to hire the employee is sent to a specific organization or to the future employee. You can draw it up correctly using the following sample letter of guarantee:

the recipient’s details are written on the upper left side of the sheet, if known (example: at the place of request);
title of the paper in the center of the line (example: job application);
on the left side of the line indicate the registration number and the date of drawing up the guarantee (example: No. 536, 06/07/2016);
the obligation states:

Full name of the hired employee and position;
remuneration procedure;
employer guarantee (example: Uchites LLC guarantees to hire P.A. Alenkina for the position of mathematics teacher from September 1, 2019. Uchites LLC undertakes to establish P.A. Alenkina’s official wages in the amount of 55,500 rubles. per month. We guarantee official registration in accordance with Labor Code Russian Federation and a full social package.);

signature of the head of the company (example: director of Uchites LLC M.A. Livon);
financial signature responsible person(example: chief accountant of LLC “Learn” I.V. Malov).

Advantages and disadvantages of a letter of guarantee as a replacement for a contract

Advantages:

no need to formalize a bilateral agreement;
subject to all conditions required for acceptance and offer, the transaction is considered legal;
judicial proceedings recognize these obligations.

Flaws:

the volume of the letter is not enough to describe the details of the transaction;
written form business letter does not imply a detailed definition of the rights and obligations of the parties;
lack of distribution of the degree of responsibility of the parties.

Sign the guarantee document when time is limited or it is not practical to develop a detailed agreement in compliance with all procedural aspects. Despite all the convenience of this form of concluding an agreement, it leaves ample opportunity for the emergence of controversial issues, which will have to be resolved through litigation.

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Nowadays, in the modern business world, business relationships based on commodity-money exchange are built between partners (organizations, individual entrepreneurs, individuals). To streamline these relationships, there is business correspondence; one of these forms is letters of guarantee.

At its core, a letter of guarantee is a document confirming the future fulfillment of undertaken obligations, such as: payment of debt, performance of work, provision of services, delivery of goods, etc. The debtor can write a letter of guarantee in which he assures of the speedy payment of the existing debts within a certain period of time.

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The guarantee is often used in claims (pre-trial) dispute resolution procedures. When a debt has arisen and there are grounds for filing a claim in court, but with the help of guarantee obligations, there is a so-called deferment of payment until certain period. This instrument is enshrined in articles 619, 715, 723, 480 Civil Code RF, 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 drawing up a letter of guarantee? This issue is resolved by agreement of the parties. One of the parties has the right to demand that they provide a guarantee (for example, when the supply of goods is carried out on credit or not on an advance payment basis).

In most cases, guarantees are nevertheless drawn up in case of violation of the deadlines for fulfilling monetary obligations, when the defaulter, trying to avoid legal proceedings, 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 payment of the amount of debt for the delivered goods, indicating that the debtor did not fulfill his obligations within the time period specified in the contract.

The current Russian legislation does not provide for generally 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 compose these letters correctly and skillfully.

This article is intended to consider the features and rules for drawing up (executing) a guarantee for debt payment.

Primary requirements

When drawing up this guarantee, you need to approach the drafting of its text with full responsibility and seriousness. Its content should be clear and understandable, the language should be businesslike, without slang and jargon expressions. When indicating the time frame during which obligations will be repaid, you must be aware of your financial capabilities. Indeed, if the guarantee is not fulfilled, you may incur losses in the form of legal costs, penalties, and fines.

The text of the letters of guarantee must necessarily contain the following details:

Name of the organization, full name of the sender.
Sender's details (TIN, KPP).
Legal and actual address of the sender.
Name of the organization, full name of the person to whom it is addressed - the recipient of the letter.
Indication of the type of circumstances or statement of the entire essence of the guarantees provided to the addressee, deadlines for fulfillment, amount of debt (indicated in words and figures), debt repayment schedule, number and date of the agreement under which the debt arose.
Official seal of the sending company. In the event that the originator of the letter does not have a seal (an individual or individual entrepreneur), just his signature is enough.
Signature of management and chief accountant.
Date of document creation.

When writing a letter, the wording “letter of guarantee” should not fundamentally appear in the text.

It would also be useful (and besides, it will inspire confidence on the part of the creditor) if the letter indicates penalties for failure to fulfill obligations within the agreed period.

What wording to use when preparing a letter of guarantee

In order to formulate the essence of the assurance as correctly as possible, you need to know what wording will most clearly reflect it.

The most suitable words and expressions would be:

We guarantee.
We undertake to pay the amount of debt.
We confirm payment on time.
Please send to our address by cash on delivery ( type of guarantee).
We guarantee timely payment.
We hereby give a guarantee.

Sample applications

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 products No. 132/TK dated January 20, 2016 for payment for goods supplied in the amount of 123,466 (one hundred twenty-three thousand four hundred sixty-six) rubles, including VAT. Payment will be made in equal monthly installments:

until April 15, 2016 – RUB 41,155.
until May 14, 2016 – RUB 41,155.
until June 15, 2016 – RUB 41,156.

General Director __________________ /A.N. Ivanov/

Sample No. 2

LETTER ON DEBT PAYMENT

Due to severe financial situation at the enterprise, due to a delay in financing on the part of the customer, your organization currently has an unforeseen debt under subcontract agreement No. 567/2015 dated November 17, 2015 in the amount of 670,000 (six hundred seventy thousand) rubles. In turn, we guarantee that the debt will be repaid in full by December 30, 2016.

In case of failure to pay on time, 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 No. 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 report dated June 30, 2015, our organization has arrears in payment of rental 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 resulting debt in full by September 30, 2015. We also guarantee not to violate the terms of the agreement concluded between us in the future.

Director ______________/V.I. Ivanov/

Letter of guarantee for payment. Payment may be guaranteed in whole or in part. A guarantee of payment may be given by any person other than the payer.
A guarantee to pay is valid even if the obligation guaranteed is invalid for any reason other than a defect in form.

A letter of guarantee for payment is signed by the person giving the guarantee, indicating his place of residence and the date of payment, and if the person giving the guarantee is a legal entity, then his location and the date of payment.
A surety bond to pay is valid even if the obligation it guaranteed is found to be invalid for any reason other than failure to comply with the form.

A requirement to pay a guarantee when the main obligation has been properly fulfilled is regarded as an abuse of right.
If evidence is provided of the termination of the main obligation in connection with its proper fulfillment, which was known before the written demand was presented to the guarantor, the demand for payment under the guarantee is regarded as an abuse of right.

Amounts overpaid under the letter of guarantee are subject to refund or credit. Refunds of amounts overpaid are carried out on the basis of an application.

For late or incomplete payment under the guarantee, the person who provided the guarantee shall pay penalties (interest).

To Mosenergosbyt

Due to the difficult financial situation of the open joint stock company“RAA Law” (abbreviated name - JSC RAA) under agreement No. 1243 dated February 23, 2015, for March 2015 a debt in the amount of 1,200 rubles arose.
Based on the above, we ask for a deferred payment. We guarantee payment of the resulting debt until December 31, 2015.

Sincerely!

CEO
JSC "RAA Law"
Rusinov Artem Alexandrovich

Below we will look at a sample letter of guarantee for payment of services for an individual. As you already understood, a payment guarantee is something like a written receipt indicating actions and emerging obligations.

Letter of guarantee for payment of services

To the manager ______________________
(name of company)
___________________________________
(Full Name)

LETTER OF GUARANTEE

I, citizen _______________________________________ (passport: series ______, N ____________, issued _________________________), ask you to perform the services in the form of:
1) __________________________________________________________;
2) __________________________________________________________;
3) __________________________________________________________.
Payment in the amount of _______________ (______________________) rub. I guarantee from current account N ____________
________ (name of bank) _______ within ___ (___________) banking days.

___________ __________________
(signature) (full name)

"____"_____________ _____ G.

The letter of guarantee is a document of a regulatory nature. This paper acts as a guarantee that the contractor provides to the customer. In most cases, relationships of this type arise between legal entities. There are many types of documents. One of these is a letter of guarantee for the completion of work; download a sample of it for free below.

Special attention should be paid to filling out the paper, because it is an important tool. business communication. In this case, it guarantees the fulfillment of certain obligations under the contract in the form of performance of work.

The letter of guarantee can be drawn up in free form, because the current legislation of the Russian Federation does not provide for a unified form to be filled out. In this case, it is necessary to adhere business style writing and following the rules of the Russian language.

How to write a letter of guarantee for the completion of work correctly

The following information must be included in the letter:

name of the sending organization and the receiving organization. The exact names of companies and full names of directors;
outgoing document number;
Date of preparation;
main part. It indicates the specific conditions of the guarantee, as well as the services to which it applies. In the example under consideration, the author of the letter of guarantee undertakes to complete the work within a specific time frame in accordance with a previously concluded agreement or contract;
Full name of the employee who wrote the letter, his signature and seal.

The main purpose of this type of document is to confirm completion certain works. Basically, the paper is prepared and handed over to the customer before concluding a contract. In this case, the agreement must indicate a list of services required for implementation and the completion date of each of them.

In the future, a note about the quality of the work performed may appear in the letter of guarantee. In this case, the nature of the services provided is regulated by the legislation of the Russian Federation.

Types of formatting a letter of guarantee

A letter of guarantee can act as a substitute for other papers. If this document is drawn up to guarantee the completion of work (obligations under the contract), it is permissible to use it together employment contract. Most often, such a need arises when concluding an agreement is inappropriate.

It is important to note that the contract includes 2 parts - offer and acceptance. If a letter of guarantee replaces an agreement, it can only act as one of its components.

Offer.

An offer is a proposal directed to a specific person. There are situations when the application of an offer is used to attract a group of addressees. At the same time, the paper must clearly declare the interests of the recipients.

In this case, the guarantee document can be connected to the offer only if the following actions are noted in it:

offering payment for services after they have been provided;
proposal to perform certain works;
offer to order a service.

The document reveals all the detailed terms of cooperation. This is due to the fact that it replaces a certain part of the contract. Upon receipt of this type of letter, the addressee has the right to agree to the conditions specified in it. Such an action is equivalent to concluding a contract.

Acceptance.

Situations are allowed in which the letter acts as the second component of the contract. This phenomenon occurs when receiving and accepting contractual terms sent earlier. For example, a company receives a commercial proposal. The management agrees to the conditions stated therein based on the advertisement.

It should be noted that if the sender of the letter of acceptance has decided to revoke the document, it is recommended to do so as quickly as possible. This is necessary so that the paper does not have time to reach the addressee, or he does not take any procedural actions.

Thus, you can take on guarantees for the performance of work in several ways, one of which is to issue a letter of guarantee, a sample of which is presented below.

One of the integral components of business relationships is business correspondence. One of the types of which, in turn, is a letter of guarantee. In it, the sender expresses promises/guarantees to carry out any actions regarding the addressee that are directly related to the interests of the addressee. This letter is not a formal commitment, but a confirmation of the obligations assumed by the sender. Each letter of guarantee must be signed by the head of the organization, has the appropriate seals and is registered through the company office.

How to draw up a letter of guarantee - the nuances of drawing up a letter of guarantee

Letters of guarantee are quite common in business these days. They are most often used in the following cases:

Confirmation of payment for something (work, services, goods, etc.).
Deferred payment guarantee.
Intentions of the legal entity regarding potential cooperation.
Providing information to third parties.

Features of drawing up a letter of guarantee:

Purely business language, no long and vague phrases.
Clarity of wording.
An indication of the type of circumstances or a statement of the entire procedure for fulfilling obligations.
Drawing up this document on the sender’s letterhead.
Affixing the document with the seal of the sending company.
Signature of management and chief accountant.
Stylistic, and especially spelling/punctuation errors in the letter are unacceptable.
A letter not written according to the rules may be considered invalid.

Most of these documents begin with the phrases “We assure (guarantee) with this letter...” or “In view of the agreement signed between our companies and the prepayment made...”, etc. Provided that the letter is about guarantees of payment, it is mandatory to indicate bank details. Also, copies of certain documents are often attached to the letter, if necessary.

What should be in the letter?

Name of the sending company + standard set of organization details.
Serial number of the letter + date of registration of this document as outgoing.
Addressee details (full name or company name).
The essence of the appeal is in the content of the letter.
Signature of the addressee (manager).
Official seal of the organization (readable imprint).

Main types of letters of guarantee - characteristics and features of filling out letters of guarantee for individuals and legal entities

An organization can provide a letter of guarantee to both individuals and legal entities, depending on the circumstances. Moreover, the word “guarantee” itself may not even be mentioned in the text. The main thing is that the content of the letter contains confirmation of the organization’s intentions. The types of letters of guarantee are as follows:

Letter of guarantee from the legal side - does a letter of guarantee have legal force?

In fact, a letter of guarantee is not a type of official confirmation of obligations. Such a concept is simply absent in the Code of the Russian Federation. But arbitrage practice using letters of guarantee already exists, and the legal force of this document will depend on its design and text content.