Letter of warranty obligations under the contract. Letter of guarantee for payment. How to write a letter of guarantee

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, a so-called deferment of payment occurs until a certain date. This instrument 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 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:

1. Name of the organization, full name of the sender.
2. Sender's details (TIN, KPP).
3. Legal and actual address of the sender.
4. Name of the organization, full name of the person to whom it is addressed - the recipient of the letter.
5. 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.
6. Official seal of the sending company. In the event that the writer of the letter does not have a seal (an individual or individual entrepreneur), only his signature is sufficient.
7. Signature of management and chief accountant.
8. 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, by June 15, 2016, the existing debt under the contract for the supply of non-food products No. 132/TK dated January 20, 2016 for payment for the goods supplied in the amount of 123,466 (one hundred twenty-three thousand four hundred sixty-six) rubles, taking into account 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 the difficult financial situation at the enterprise due to a delay in financing from 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 for non-residential premises No. 678-56 was concluded between our organization and you. Indeed, according to the reconciliation report dated June 30, 2015, our organization incurred arrears in paying rent and 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 by the tax service) and guarantee to repay all outstanding 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/

A letter of commitment is a business official document that is addressed from one party to the other in a partnership relationship. The text of the letter most often contains the intentions of one of the participants to fulfill their obligations to the partner.

In what cases is a letter of guarantee drawn up?

Letter of guarantee for work completion

This type of warranty is intended to confirm that the work agreed upon between the parties will be completed. The contractor draws up such a letter and provides it to the customer upon signing the contract. The form of the letter differs from similar guarantee documents in content. It sets out the essence of the obligations, and they must comply with the provisions of the contract:

1. Number of the outgoing document and date of preparation.
2. Recipient's name.
3. Title.
4. Contents: list of works that the contractor undertakes to perform, deadlines, link to the agreement between the parties.
5. Information about the employer: company details, address, contacts.

If the obligations given by one of the parties are not fulfilled and the second party files a claim in court, the letter of guarantee will also be considered as indirect evidence of the existence of unfulfilled obligations.

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A payment guarantee letter will help to convince a partner that payment will be received on time after delivery of products, completion of work or provision of services. It is a type of business correspondence between organizations and confirms the intentions of payment in the future, after the preliminary fulfillment of obligations by the transaction partner. The letter of guarantee is the basis for including in the contract such a payment condition as deferred payment. Pre-contractual negotiations may end with the preparation of this document.

Before writing a letter of guarantee for payment, read the rules for writing it. Large organizations have special instructions on office work, which contain mandatory requirements for the preparation of business correspondence. There are programs that facilitate office work in an organization and offer a document management system with developed document forms. If you have a small company and do not have local instructions for office work, it is recommended to apply the general rules of GOST R 6.30-2003 “Requirements for paperwork”.

Take the organization's letterhead or place a corner stamp with the details of your company on the sheet of paper on the left. At the top right, write the addressee to whom you are sending the letter. If you do not know who specifically handles financial matters in an organization, your letter will be addressed to the company as a whole. Write its name in the nominative case. If you indicate the position and full name of the recipient, then in the dative case. The name of the organization is included in the position. Then follow the initials and surname. If in full, then in the following sequence: last name – first name – patronymic. Addressing yourself as “Mister” (abbreviated as “Mr”) is optional, but will emphasize respect. On the left you indicate the outgoing number and date of the document, below them there is an empty detail for the incoming number and date of receipt. Below in the center, according to the old habit, many indicate the name of the document - a letter of guarantee for payment. According to modern rules, the name is not indicated. Next, restrainedly and objectively state the essence of the letter. At the end, the signature of the manager and chief accountant, the seal of the organization.

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In the text of the letter, indicate the amount and terms of payment, the subject of the agreement (what product, work or service), bank details and legal addresses of the parties to the transaction. At the end of the text, use the phrase “payment guaranteed.”

Use a formal writing style, simple, concrete sentences. Do not use participial and adverbial phrases. Avoid vague phrases and long discussions. Otherwise, your recipient will not understand the essence of your request or will doubt your guarantees. Goodwill and sincerity will help motivate your partner to make an affirmative decision in your favor. Jargon, archaisms (outdated, unused words) and ambiguous words are not for business correspondence. Write correctly and without errors. Typically, important decisions require the rapid delivery of information. Letters take a long time to arrive by mail. Therefore, the letter is first sent by fax. The recipient uses the fax copy until the original document arrives by mail. The exchange of letters via the Internet is widespread. The original document with stamps and signatures is scanned and sent via e-mail.

A correctly drafted letter of guarantee for payment and conscientious fulfillment of obligations undertaken will create a good reputation for your company and will be the key to profitable long-term cooperation with business partners.

The purpose of letters of guarantee is to provide written guarantees to the addressees. They confirm the agreed conditions or promises, intentions or actions of the sender related to the interests of the addressee.

Letters can be addressed to an individual or organization. They are a document containing guarantees, even if the word “guarantee” itself is not present in the text. Such letters may confirm the timing of work, payment for work performed or products received, the quality of goods supplied or work performed, delivery times, etc. Such clauses are necessary in cases where one party is not confident in the implementation of the agreement.

These points constitute the content of the letter or are a component of it. The letter of guarantee is of a legal nature and its status corresponds to documents of a contractual nature (additional agreement, contract, etc.).

Letters are often provided to confirm payment has been made. Here they indicate a link to the account number or agreement on the basis of which payment should have been made. In addition, letters serve as a document for third parties and are accepted by the bank as collateral for a loan (they confirm that the addressee has received the necessary amount to repay it).

For example, when registering legal entities, a letter of guarantee is sufficient to provide a legal address, since it is impossible to conclude an office lease agreement.

The document is distinguished by accuracy, clarity and unambiguous wording, since it talks about the provision of guarantees on behalf of or on behalf of an official or organization. It indicates the type of operation or complete procedure that will be performed.

Letters begin by stating the essence of the guarantees provided to the addressee, for example:

With this letter we guarantee......

In other cases, they contain a statement of reasons why the author declares his willingness to provide certain guarantees to the addressee. Here the statement is contained in the final part, for example:

We guarantee full and timely payment

A characteristic feature of the document is that, along with the signature of the director (author), there is the signature of the official responsible for managing financial and other monetary matters. When sending a letter as an obligation to pay for a service rendered, purchase, etc. The text indicates the bank details of the paying company.

Characteristic phrases of the letter:

• We guarantee...
• We hereby guarantee...
• The company "Name" guarantees...
• Payment on time... we guarantee... etc.

Letters of guarantee are drawn up according to general drafting rules.

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Treaties are of an ancient nature. For a long time, the procedure and amount of payments were essential conditions, without which the contract was not considered concluded. And making a profit, in fact, is the main goal of a business contract. The reputation of a dishonest payer could haunt the debtor from year to year and repel potential clients and partners from him.

What does the letter guarantee?

IN modern world a good reputation is as valuable to a business executive as it was in ancient times. However, there are different types of defaulters: malicious and forced. The former are gradually becoming the talk of the town in business circles, and knowledgeable businessmen are distancing themselves from them. The latter are hostages of certain unforeseen circumstances, when there is no way to repay the obligation on time. Probably, it is for the second category that a letter of guarantee to the lender can become a worthy way out of the current situation.

The payment guarantee letter sample is primarily a non-commercial business document. It cannot be presented for payment and funds cannot be written off using it. The letter merely emphasizes the goodwill of the debtor and his readiness to fulfill the agreements as soon as possible.

The letter guarantees that the counterparty is friendly, aware of its delay, but cannot fulfill the agreement on time for reasons beyond its control, and often due to force majeure.

When is a letter of guarantee required?

The law does not establish when it is necessary to draw up such a document, because a letter of guarantee does not have the force of a transaction. A transaction always creates or terminates obligations or rights, and a letter of guarantee is only informational and diplomatic in nature.

When it is necessary and when it is not necessary to draw up a letter of guarantee, the parties decide by agreement between themselves. It's probably worth writing such a commitment when your partner insists on it. Also, the debtor may try to persuade the counterparty to delay the trial by guaranteeing him payment of the debt with an installment schedule attached.

The lender should clearly understand several points:

• Having received a letter of guarantee from the debtor in your hands, you do not at all ensure the collection of the debt in the future, because the provided document has no legal force and can be considered in court only as one of the indirect evidence of the existence of a debt;
• No bank will accept a letter of guarantee for payment - this is not an order from the owner to write off funds, but only a promise to pay them in the future.

It is also advisable for the debtor to consider the following:

• The receipt by your addressee of a letter of guarantee and even a favorable response to it does not deprive the creditor of the opportunity to still go to court. So don’t be surprised if you receive a agenda for a meeting.
• Even if you find yourself in a difficult financial situation, try to fulfill your guarantee promises on time - take care of your reputation. It is unlikely that they will believe you again.

How to write a letter of guarantee

A sample payment guarantee letter can be found in business documentation reference books and business communication manuals. Not only a legally savvy professional can draw up such a document, but also a talented entrepreneur or manager who wants to maintain a relationship with a business partner and resolve the issue without bringing the matter to court.

The payment guarantee letter form is free and must be filled out depending on the specific needs of the sender. As in any business document, there are integral details and phrases.

Sample letter of guarantee for payment of services

Next, let's talk specifically about the document itself. A letter of guarantee for payment of debt, a sample of which will be discussed below, is one example of such a document. It is quite suitable for developing letters of guarantee in other areas.

Chairman of the Board

JSC "Vikhr"

Vetrov A. A.

st. Skobarya, 61,

Tmutarakansk.

Dear Alexander Alexandrovich!

An agreement for consulting services was concluded between our companies on October 31, 2011, which was renewed annually and promptly executed by our parties.

However, due to circumstances beyond our control, we cannot make payment for services provided by your party in March and April 2015 on a timely basis. To confirm this, we are sending you copies of court decisions and bailiff orders to recover damages in favor of a third party.

We guarantee repayment of the debt until 06/01/15, of which we will notify you immediately.

We hope for your understanding and for further fruitful cooperation.

Attachment: a copy of the court decision on debt collection;

a copy of the bailiff's order to seize the bank account.

Sincerely,

Director of the private enterprise "Chukh"

Laptev V.V.

Is the letter of guarantee part of the contract?

As already mentioned, a letter of guarantee is not a transaction, but rather a unilateral confirmation of intentions to pay the debt in the future. The sample payment guarantee letter gave us a fairly clear idea of ​​the sound and direction of this document.

A special clause in a letter of guarantee will also not turn it into a part of the contract, binding on both parties, because a contract is always a multilateral transaction, agreed upon by everyone, signed and sealed. A letter of guarantee is an act of goodwill: the counterparty may accept it or may ignore it.

Required details

The letter of guarantee is drawn up according to the template of business documents and must be solid, thoughtful and justified. A sample payment guarantee letter is drawn up on company letterhead and contains the following sections:

• “hat” indicating the position, surname and initials of the head of the recipient company;
• the location of the company to which the letter is addressed;
• then come the date and outgoing registration number of the letter of guarantee - the number will add solidity and reliability;
• This is followed by a statement of the situation with reference to the agreement under which the debt arose, indicating the reasons for the delay and defining clear deadlines for repaying the debt;
• if there are documents confirming the above, you can attach certified copies of them to the letter;
• if there are attachments, they are indicated in a list before the signature;
• After drawing up the letter, it is signed by the first person of the company or his authorized deputy. In this case, “with respect” is written by hand;
• It is advisable, after the manager’s signature, to indicate the surname and telephone number of the performer, with whom, if necessary, you can contact and clarify controversial issues.

That's it, the letter of guarantee is ready!