One of the principles of 44-FZ is responsibility for the results and efficiency of procurement. In other words, the government customer needs guarantees that the winner of the tender will sign the contract and fulfill it in compliance with all stated conditions.

There are two types of guarantees in public procurement:

• - insurance in case the winner refuses to sign the won contract.
• Enforcement of the contract- insures in situations where the supplier does not fulfill the contract or violates its terms.

There are two ways to secure an application or execution of a contract.

• Put your own money as collateral. To secure an application - to, and to secure a contract - to the customer’s bank account. The money will be “frozen” until the winner of the tender is determined or all the terms of the contract are fulfilled.
• Provide a bank guarantee. The bank will reimburse the government customer for the guarantee amount in the event of improper performance by the supplier of its obligations. The bank guarantee is issued in accordance with the requirements of 44-FZ, and the supplier pays the bank a commission for receiving it.

The supplier decides what to choose to secure the contract - a cash deposit or a bank guarantee.

When is a bank guarantee provided?

Bank guarantee to secure the application

The security is from 0.5 to 5% of the initial maximum contract price: the exact amount is always specified in the procurement documentation.

The validity period of the bank guarantee provided as security for the application must be at least two months from the deadline for submitting applications. Upon completion of the procedure, the fee for the bank guarantee is not returned to the supplier.

Bank guarantee for contract execution in an electronic auction or competition

The winner of the electronic auction is required to sign a contract and provide a bank guarantee within 5 calendar days from the date the customer places the contract on the electronic trading platform.

The amount of security is from 5 to 30% of the initial contract price or equal to the advance payment. In case of improper execution of the contract, the bank will pay fines and penalties to the customer for the supplier.

In any of the above cases, the bank guarantee is irrevocable and is valid for a month from the date of fulfillment of obligations under the contract.

When can a customer request payment under a bank guarantee?

1. The winner, having won the tender, refuses to sign the contract. In this case, the participant secured the application using a bank guarantee.
2. The supplier does not fulfill the contract or violates its terms. In this case, the customer must unilaterally terminate the contract or provide evidence that the supplier is violating the terms of the contract.

According to the law, the government customer’s demand for payment under the guarantee is extrajudicial, that is, it can be put forward directly to the contract executor within 1 month after the expiration of the contract obligations.

Who can issue a guarantee?

Only financial institutions included in the list of the Ministry of Finance of the Russian Federation. Check in advance whether the bank where you have a current account is on this list.

Electronic agent Kontur.Spektr will help you get. Prepare just one application, which will go to several banks. Compare the terms of guarantees and send documents to the bank directly from the service.

What will the bank require from the supplier?

To successfully and quickly obtain a guarantee, find out the bank’s conditions in advance: issuance deadlines, commission amounts, list of documents, etc.

The company's reputation is one of the most important conditions for issuing a guarantee. If a company works in good faith, pays taxes on time and reports to regulatory authorities, it will most likely receive a bank guarantee.

To provide guarantees, most banks require the client to provide the same list of documents as for a loan:

• constituent documents (Charter, OGRN, INN),
• full financial and accounting reporting for 1 year,
• completed preliminary application,
• purchase link.

For many banks, it is important that the procurement participant has an account opened with them. You also need to be prepared for this so as not to waste time negotiating with banks where your company does not have an account.

In a bank with which good business relations have already been established, the issuance of a bank guarantee can proceed according to a simplified scenario. As a rule, quarterly financial statements are sufficient for financial analysis of a company.

How much does a bank guarantee cost?

The cost of a bank guarantee is determined individually and depends on:

• its validity period,
• the degree of risk of payment on it,
• quality of ensuring the bank's recourse claims to the client.

Typically, the fee for issuing a guarantee ranges from 1% to 5% of the amount of the required collateral.

Receipt time ranges from 1 day to several days. Recently, these deadlines have been shortened as a bank guarantee has become an increasingly popular banking product and banks are considering electronic applications.

Bank guarantee limit

Before participating in an electronic auction or competition, you can find out in advance whether the bank will give you a guarantee if you win. To do this, you need to contact the bank to set a limit on bank guarantees. In this case, the bank requests copies of documents from you and sets a limit. However, two conditions must be taken into account:

• you will have to pay for setting a limit in some banks - about 1% of the guarantee amount,
• if the financial statements worsen in the next quarter, you will not be issued a bank guarantee.

Setting a limit is useful. Firstly, this will allow you to find out whether it is worth counting on receiving a bank guarantee in principle, and secondly, after you win the tender, the bank will make a decision on issuing a guarantee much faster.

What to do if there are a couple of days left to receive it?

It is important for the winner to receive the bank guarantee on time. If you miss the deadline for signing a contract, there is a risk of ending up on the register of unscrupulous suppliers. How to be in this case? Communicate with the bank via the Internet, and sign documents with a qualified electronic signature. It is much faster and more convenient than submitting documents on paper.

If you decide to participate in electronic auctions and competitions, study in detail the issue of obtaining a bank guarantee, find out your limit or calculate the cost of the guarantee in advance for each interesting purchase. If the terms of the contract are met, there will be no claims from the government customer, and therefore no payments under your bank guarantee.

In the comments to articles you can get answers from other suppliers, and experts will answer

Every year, many companies lose their money due to lack of insurance in a financial transaction. Having won a tender, some firms refuse their obligations, and the organization that conducted the tender suffers losses by organizing a new competition. In this connection, such a concept as a bank guarantee was introduced into the financial structure.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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What it is

A bank guarantee is one way to ensure the fulfillment of obligations under contractual relations. The guarantor of the transaction is a credit institution, which undertakes to pay compensation to the beneficiary in the event of failure or improper performance by the principal of his work.

All this is carried out at the written request of one party. The main parts of such a product are the guarantor, the beneficiary and the principal.

A guarantor is any financial or insurance institution that undertakes the obligation to pay compensation upon receipt of a payment request. With new legislative amendments, not only banks, but also insurance institutions can now issue financial statements.

Beneficiary- another party to the transaction who receives compensation in the event of failure to perform work by the principal.

Principal is the person in the transaction who initiates the execution and execution of the transaction.

Terms and rules

To receive a BG, each person in the transaction must know the terms of such a financial product, or rather the issuance period, the size of the commission and other facts. This gives you an understanding of how long it will take to register a banking product and what costs such an action will entail.

The first condition put forward by banking service specialists is the client’s solvency. If a company follows a conscientious policy and pays taxes, then the chances of receiving a loan product increase.

The guarantee is used to ensure the execution of government orders. That is why the amount reaches a third of the contract value. Moreover, the commission for this type of product is no more than three percent. The receipt period often does not exceed three weeks. But this period depends on the specific financial instrument.

The following conditions must also be taken into account:

1. Name of the credit or insurance institution;
2. Borrower's name;
3. Beneficiary name;
4. reference to contractual relations;
5. amount of money deposited;
6. terms for issuing the guarantee;
7. rules for making payments;
8. conditions for minimizing compensation payments.

Providing a bank guarantee

Providing a BG allows you to minimize the beneficiary’s risks for future possible expenses in the event of untimely completion of work or other violation of the rules of contractual relations.

To secure the contract

Allows you to ensure contractual relations and return money spent on guarantees for the completion of work.

Advance payment

Allows the guarantor to pay the guarantee amount to the lender in the event of failure to fulfill obligations for the intended purpose of the advance payment.

Upon proof of such use, the beneficiary applies to the insurance or credit institution for compensation.

Based on the results of the electronic auction

Allows you to receive compensation in the form of reimbursement of the beneficiary's costs associated with the future holding of a new auction.

This form of security obliges the credit institution to pay the beneficiary a guarantee amount if the principal refuses to carry out the work to win the tender.

Video: Agreement on provision

Under government contract

Allows you to return losses incurred by the beneficiary due to improper performance of work under a government contract.

The banking institution assumes obligations to pay compensation in case of improper or non-performance of work under this type of contractual relationship.

Term

The period for provision of this type of product by a credit institution is 3-14 days after submission of the application.

After confirmation of non-compliance with the terms of the agreement, the period is determined by the internal regulations of the credit institution. Only after a thorough check of the documentation will the credit institution pay compensation to the injured party.

The duration of the BG is determined by the contractual relationship between the principal and the beneficiary. As a rule, it is defined as the duration of the government or other contract plus one month for dispute in the event of a defective product.

Order

1. The procedure for issuing a bank guarantee is determined by the banking institution. If in order to obtain the legal document itself it is necessary:
2. choose a credit institution;
3. find out the conditions and cost of provision;
4. fill out the established form and submit the necessary documents;

pay for services and receive a bank guarantee.

1. Then the payment of compensation occurs first:
2. acceptance of documents;
3. familiarization with them;
4. authentication check;
5. payment of compensation;

requirement on the part of the principal for repayment.

Reward

The cost of purchasing a financial instrument is determined individually. The price of a banking product depends on the basic value of the contract, the term of conclusion and other important factors affecting the risks of a credit institution.

Also, the cost of the product depends on the client’s solvency and good credit history.

Providing a bank guarantee entails some costs on the part of the principal. And in case of failure to fulfill obligations, it entails costs on the part of the guarantor. All this is determined by 44 Federal Laws.

The legal costs of the credit institution after payment of compensation to the beneficiary are also borne by the principal. The court will always be on the side of the credit institution if it provides evidence of monetary costs in the appropriate amount.

Therefore, the principal must remember about the additional costs. There is also a bank commission, which supplements the principal's costs.

Postings

Accounting entries in this case are simply necessary. The bank guarantee itself is not worth it. The issuance of a financial product is recognized as a banking operation. In accounting, this is reflected as a miscellaneous expense.

It follows from this that the posting is drawn up as follows: debit 91-2, credit 76 - expenses for paying for the services of a credit institution.

The actual write-off of funds is reflected in debit 76 and credit 51.
Sample application

Before concluding a banking service agreement, experts recommend that each party to the transaction familiarize themselves with a sample application. This will help you understand the main provisions of the legal document and the responsibilities for failure to comply with any of the requirements described.

Each credit institution has the right to differ in some characteristics. However, there is a certain list of conditions and requirements for the design of such a banking product.

Requirement

It is also necessary to know before registering a financial instrument what requirements for a banking product the lender may impose on the principal.

According to all legal norms, demands are made without opening a legal case. That is, this guarantees presentation before the expiration of the legal document.

The amount of such claim cannot exceed the amount for which the legal document was issued.

To receive compensation, the beneficiary is required to notify the banking institution in writing of such action.

At the same time, he must attach supporting documents specified in the terms of the bank guarantee. In case of violation of any obligations of the principal, the fact of existence is indicated in a written demand.

The claim is granted first to the guarantor before the end of the contract.

1. You can request a refund if:
2. withdrawing your offer;
3. if you refuse to sign a contract after winning;

refusal to provide documents on the proper performance of work.

This is a special document that is attached to a copy of a notarized bank guarantee. This is provided to the guarantor credit institution. This is necessary to pay compensation to the beneficiary in case of untimely fulfillment of obligations under contractual relations.

It is drawn up in writing if there are copies of the documents provided to the credit institution. Each copy must be certified by a notary to acquire legal force. Otherwise, such a document is considered invalid.

How to obtain a bank guarantee: what is a bank guarantee + parties to the contract + 4 types of bank guarantee + 3 methods of obtaining + 4 requirements for the customer + 5 steps for quick receipt.

When signing a contract with a completely new company, every businessman is afraid of falling into a dishonest partner and losing his money.

Now you can insure yourself against such cases, but to do this you need to know.

What kind of tool this is for doing business, we will describe in detail below.

What is a bank guarantee?

Bank guarantee (BG)– this is a document of a financial nature, the task of which is to ensure the fulfillment of all terms of the contract by the executor of the contract (principal) to its customer of services or goods (beneficiary).

In this case, the guarantor that everything will be done is, that is, the bank.

A bank guarantee is required when signing contracts of the following nature:

1. State;
2. Municipal;
3. Commercial;
4. When announcing a government purchase (tender).

In the event that the contractor does not fulfill his obligations in particular or in general, the bank is obliged to pay a penalty to the customer.

Afterwards, the credit institution will, as soon as possible, demand that the executor pay the amount that they had to pay to the beneficiary.

To receive a bank guarantee, the executing company will have to prove its responsibility and solvency, because financial institutions do not give out big money to everyone.

Who are the subjects of a bank guarantee?

Before obtaining a BG, you need to know which entities are involved in the transaction.

Principal.

A person who, according to the contract, is the executor of the order, and before the bank - the borrower.

Guarantee.

The party that prepares documents to obtain a bank guarantee, and also assumes responsibility for paying the penalty to the customer on behalf of the contractor.

Beneficiary.

A company that orders services or goods, which enters into an agreement with the principal and pays him a fee for this.

When this type of lending, such as a bank guarantee, first appeared, it could only be obtained from a financial institution.

Today, the law does not prohibit insurance companies from participating in such transactions.

4 types of bank guarantee

To conclude contracts in the state or municipal sphere of activity, the following types of bank guarantees are used:

Type of guarantee	Description
1. Bank guarantee for the return of the advance.	This type of banking service is intended to protect customers from performers who took an advance payment for the work, but refused to continue cooperation after transferring the money. In such a situation, the credit institution is obliged to return to the state customer the amount of the advance paid.
2. Tender.	Participants in public procurement can receive such a guarantee from the bank. Its task is to ensure the conclusion of a contract with the winning bidder. If he refuses his duties, the customer will receive a certain amount of money from the bank, which is specified in the contract.
3. Guarantee for the duration of the contractor's warranty.	This type of document is often used when purchasing technical equipment. How does it work? - The customer purchases goods from the supplier along with a guarantee for full service for a certain period of time. If during this period the equipment breaks down and the supplier refuses to carry out repairs or delays the work, then the customer receives from the bank the amount under the bank guarantee agreement.
4. Guarantee to ensure fulfillment of the terms of the contract.	The main function of the document is to provide a guarantee that the contractor will strictly adhere to all the terms of the contract. According to the law, for violation or failure to comply with at least one point, the customer can receive the amount specified in the bank guarantee.

Bank guarantees are also divided into types:

Covered.

Those that are fully paid;

Uncoated.

Obligations are partially paid;

Conditional.

Payment is made only after the agreement is signed by the beneficiary, if all requirements are met;

Unconditional.

Payment is made without fulfilling the terms of the contract, but with a written application;

Reviews.

According to this type, one of the parties can change the terms of the contract;

Irrevocable.

Changing the contract is considered impossible.

3 popular ways to get a bank guarantee

Today there are 3 common ways to obtain a bank guarantee:

Classical.

This type is characterized by personal submission of an application at a branch of a bank or insurance company.

The classic option is used when the contractor needs to receive a large amount (from 20 million rubles) as a bank guarantee.

Another option is when the bank has restrictions on the maximum amount of guarantees issued.

Electronic.

More and more banking services are moving electronically. BG today can be issued and received using an electronic signature online.

This type of service is convenient because it takes a minimal amount of time and there is no need to collect a bunch of printed certificates. In just 4 business days, the principal can receive approval from the bank.

There is also a significant disadvantage - these are restrictions on the amount. One guarantee should not exceed 5 million rubles.

According to the bank's rules, one person can issue several guarantees, but their total amount should be no more than 10 million.

Accelerated.

You can get a BG under an accelerated program in those banks that need new clients.

It is for this purpose that an expedited procedure for processing and receiving a document was created.

For this program, the list of required documents and the application review period are reduced (up to 5 working days).

This option is not suitable for those who are counting on a large amount of money. Under an accelerated bank guarantee, you can receive a maximum of 15 million rubles.

Requirements for the principal

For a bank, the main requirement for a principal is solvency. It is also necessary to streamline the accounting and all documentation of the company.

We consider the following company indicators to be the main requirements:

No. 1.Financial stability.

A company that wants to receive a BG must at the time of application. It is imperative to check all documentation and financial statements for several years.

One of the important requirements from any guarantor is the capital of the company, which must exceed the amount of the bank guarantee.

If your company is just developing and does not have large turnover, start with small contracts so as not to end up in debt later.

No. 2. Long existence on the market.

In business, few people trust newcomers; they are afraid of falling for dishonest people. In the case of banks, the situation is the same.

To obtain a BG, the company must exist for at least 3 months. Although in practice, banks refuse to issue guarantees to newly opened companies.

The only condition under which financial institutions give their permission is a large deposit.

No. 3. Participation in tenders.

Financial institutions trust most of all those who have already had experience participating in government procurement and can also boast of large contracts.

If you don’t have such experience yet, then you need to prove your responsibility and financial stability to the guarantor.

It is also important here to have an excellent reputation for fulfilling contracts, even small ones. If your customers confirm that you have fulfilled the terms of the contract well, then getting approval from the bank will not be difficult.

No. 4. Availability of collateral.

When a company provides collateral in the form of real estate, large equipment, a car, etc., it will be easier to obtain a guarantee.

Moreover, the commission for cash transactions will be reduced.

How to get a guarantee from a bank: 5 main steps

Before applying for a guarantee, you need to objectively assess your strengths.

Calculate the actual turnover of money in the company, whether you can provide collateral as an additional requirement, think about the possible risks.

Stage No. 1.

Decide on a financial institution.

Choosing a bank is the first stage and the most important one for obtaining a bank account. By law, not all credit organizations and insurance companies have the right to engage in this type of activity.

1. In order not to make a mistake when choosing a bank, go through the following steps:

   Check out the list of organizations that can help you obtain a guarantee.

   Information is available on the website of the Ministry of Finance of the Russian Federation:

   https://www.minfin.ru/ru/perfomance/tax_relations/policy/bankwarranty/

   Currently there are 279 of them, but the Ministry of Finance changes the list every month.

2. • Of course, it is difficult to make a choice just by the name of the organization, so we advise you to familiarize yourself with the offers of the most popular financial institutions that have been operating for more than one year.
   • Individual entrepreneurs who use a simplified form of taxation must provide a declaration of income and expenses for the last year;
   • For individual entrepreneurs who pay tax according to the general system, you need to prepare a declaration in form 3-NDFL;

   For legal entities that use the general taxation system, it is necessary to provide a balance sheet (form No. 1) and a report on the financial position for the requested period (form No. 2).

Let us note that if a financial institution only needs a few certificates to issue a financial statement, then there is a high probability that they are working unofficially and simply want to deceive you.

Before receiving a bank guarantee, we advise you to seek objective advice from a lawyer with a contract drawn up by a financial institution.

As a rule, in the standard guarantee contract FZ-44, the main thing is to indicate:

1. Rights and obligations of the parties to the agreement;
2. BG validity period;
3. Monetary amount, etc.

Stage No. 4.

Payment for the service

Receiving a bank guarantee is the same as applying for a loan.

This service is paid, otherwise there would be no benefit for financial institutions to provide such services. Each bank has its own price list for the provision of financial services, which primarily depends on the demand for this service.

• The formation of the final price is also influenced by:
• BG subject;
• Period of validity of the agreement with the bank;

Guarantee amount;

The presence of collateral or its absence.

For example, if there is collateral, the bank will reduce the service fee.

Today banks charge a commission for providing a guarantee in the amount of 4-6%.

In the image below you will see how the cost of BG can be calculated:

Stage No. 5. Obtaining BG

After paying the amount for providing a bank guarantee, the principal receives one copy of the agreement.

The financial institution must also prepare one copy for the beneficiary.

In addition to the main document, the bank is also required to provide an extract from the state register of bank guarantees of the Russian Federation.

How can I get a bank guarantee? These simple tips about how to get a bank guarantee

, will help you become the owner of a profitable contract for your business in a matter of days.
Useful article? Don't miss new ones!

1.1. When establishing requirements for banks, the Government of the Russian Federation establishes requirements for the size of the bank's own funds (capital) and the level of credit rating assigned to a Russian credit organization by one or more credit rating agencies, information about which is included by the Central Bank of the Russian Federation in the register of credit rating agencies, according to national rating scale for the Russian Federation in accordance with the methodology, the compliance of which with the requirements of Article 12 of the Federal Law of July 13, 2015 N 222-FZ “On the activities of credit rating agencies in the Russian Federation, on amending Article 76.1 of the Federal Law “On the Central Bank of the Russian Federation” (Bank of Russia)" and the recognition as invalid of certain provisions of legislative acts of the Russian Federation" was confirmed by the Central Bank of the Russian Federation.

1.2. The list of banks that meet the established requirements is maintained by the federal executive body for regulating the contract system in the field of procurement based on information received from the Central Bank of the Russian Federation, and is subject to posting on the official website of the federal executive body for regulating the contract system in the field of procurement in the information telecommunications network "Internet". If circumstances are identified indicating that a bank not included in the list meets the established requirements or that a bank included in the list does not comply with the established requirements, such information is sent by the Central Bank of the Russian Federation to the federal executive body for regulating the contract system in the field of procurement within five days from the date of identification of these circumstances to make appropriate changes to the list.

ConsultantPlus: note.

Part 1.3 art. 45 (as amended by Federal Law No. 469-FZ dated December 27, 2019) applies

1.3. During the period of implementation of the plan for participation of the Bank of Russia in the implementation of measures to prevent bankruptcy of a bank included in the list of banks provided for Part 1.2 of this article, as of the date of approval of the said plan, bank guarantees of such a bank can ensure applications and execution of contracts, regardless of the compliance (non-compliance) of such bank with the requirements established in accordance with Part 1.1 of this article, subject to the decision of the Board of Directors of the Central Bank of the Russian Federation on guaranteeing the continuity of the activities of such a bank.

ConsultantPlus: note.

Part 1.4 art. 45 (as amended by Federal Law No. 469-FZ dated December 27, 2019) also applies to banks for which, before December 28, 2019, plans for the participation of the Bank of Russia in the implementation of measures to prevent their bankruptcy were approved and the continuity of their activities is guaranteed during the period of implementation of the plans.

1.4. During the period of implementation of the plan for the participation of the Bank of Russia in the implementation of measures to prevent the bankruptcy of a bank included in the list of banks provided for in Part 1.2 of this article, on the date of approval of the said plan by the Board of Directors of the Central Bank of the Russian Federation, such a bank is not excluded from the specified list, subject to acceptance by the Board directors of the Central Bank of the Russian Federation decisions to guarantee the continuity of the activities of such a bank.

ConsultantPlus: note.

Part 1.5 Art. 45 (as amended by Federal Law No. 469-FZ dated December 27, 2019) also applies to banks for which, before December 28, 2019, plans for the participation of the Bank of Russia in the implementation of measures to prevent their bankruptcy were approved and the continuity of their activities is guaranteed during the period of implementation of the plans.

1.5. Information about the fact and date of approval of the plan for the participation of the Bank of Russia in the implementation of measures to prevent bankruptcy of a bank included in the list of banks provided for in Part 1.2 of this article, and information about the fact and date of the adoption by the Board of Directors of the Central Bank of the Russian Federation of a decision to guarantee the continuity of the activities of such a bank in during the implementation period of the specified plan are sent by the Central Bank of the Russian Federation to the federal executive body for regulating the contract system in the field of procurement no later than within five working days following the day of adoption of the specified decision.

ConsultantPlus: note.

Part 1.6 art. 45 (as amended by Federal Law No. 469-FZ dated December 27, 2019) also applies to banks for which, before December 28, 2019, plans for the participation of the Bank of Russia in the implementation of measures to prevent their bankruptcy were approved and the continuity of their activities is guaranteed during the period of implementation of the plans.

1.6. If a bank included in the list of banks provided for in Part 1.2 of this article, on the date of approval in relation to such bank of the Bank of Russia participation plan in the implementation of measures to prevent bankruptcy, is excluded from the specified list until the day the Board of Directors of the Central Bank of the Russian Federation makes a decision on guaranteeing the continuity of the activities of such a bank during the period of implementation of the plan for the participation of the Bank of Russia in the implementation of measures to prevent bank bankruptcy, such a bank is included by the federal executive body for regulating the contract system in the field of procurement in the specified list no later than within five working days following the day receiving from the Central Bank of the Russian Federation the information specified in part 1.5 of this article.

2. The bank guarantee must be irrevocable and must contain:

1) the amount of the bank guarantee payable by the guarantor to the customer in the cases established by Part 15 of Article 44 of this Federal Law, or the amount of the bank guarantee payable by the guarantor to the customer in the event of improper performance of obligations by the principal in accordance with Article 96 of this Federal Law;

2) obligations of the principal, the proper fulfillment of which is ensured by a bank guarantee;

3) the obligation of the guarantor to pay the customer a penalty in the amount of 0.1 percent of the amount payable for each day of delay;

(see text in the previous edition)

4) the condition according to which the fulfillment of the guarantor’s obligations under the bank guarantee is the actual receipt of funds into the account on which, in accordance with the legislation of the Russian Federation, transactions with funds received by the customer are recorded;

(see text in the previous edition)

6) a suspensive condition providing for the conclusion of an agreement for the provision of a bank guarantee for the obligations of the principal arising from the contract at its conclusion, in the case of a bank guarantee being provided as security for the execution of the contract;

7) the list of documents established by the Government of the Russian Federation, provided by the customer to the bank simultaneously with the requirement to pay the amount of money under the bank guarantee.

3. In the case provided for by the notice of procurement, procurement documentation, draft contract concluded with a single supplier (contractor, performer), the bank guarantee includes a condition on the customer’s right to indisputably write off funds from the guarantor’s account if the guarantor fails to do so on time the customer’s demand for payment of a sum of money under a bank guarantee, sent before the expiration of the bank guarantee, has not been fulfilled for more than five working days.

ConsultantPlus: note.

Part 3.1 art. 45 (as amended by the Federal Law of December 27, 2018 N 502-FZ) applies to procurements for which notices are posted and invitations are sent after 07/01/2019, and by agreement of the parties - to relations under contracts for which procurement notices are posted and invitations are sent until 07/01/2019.

3.1. A reduction in accordance with parts 7 and 7.1 of Article 96 of this Federal Law in the amount of security for the performance of a contract provided in the form of a bank guarantee is carried out by the customer by waiving part of his rights under this guarantee. In this case, the date of such refusal is recognized as the date of inclusion of the information provided for in Part 7.2 of Article 96 of this Federal Law in the relevant register of contracts provided for in Article 103 of this Federal Law.

4. It is prohibited to include in the terms of a bank guarantee a requirement that the customer submit to the guarantor judicial acts confirming the principal’s failure to fulfill the obligations secured by the bank guarantee.

5. The customer reviews the received bank guarantee within a period not exceeding three working days from the date of its receipt.

(see text in the previous edition)

6. The grounds for refusal to accept a bank guarantee by the customer are:

1) lack of information about the bank guarantee in the registers of bank guarantees provided for in this article;

(see text in the previous edition)

3) non-compliance of the bank guarantee with the requirements contained in the notice of procurement, invitation to participate in determining the supplier (contractor, performer), procurement documentation, draft contract, which is concluded with a single supplier (contractor, performer).

7. In case of refusal to accept a bank guarantee, the customer, within the period established by part 5 of this article, informs the person who provided the bank guarantee in writing or in the form of an electronic document, indicating the reasons that served as the basis for the refusal.

(see text in the previous edition)

8. A bank guarantee used for the purposes of this Federal Law, information about it and the documents provided for in Part 9 of this article must be included in the register of bank guarantees located in the unified information system, with the exception of bank guarantees specified in Part 8.1 of this article. Such information and documents must be signed with an enhanced electronic signature of a person authorized to act on behalf of the bank. Within one business day after such information and documents are included in the register of bank guarantees, the bank sends to the principal an extract from the register of bank guarantees.

(see text in the previous edition)

8.1. The information on bank guarantees provided for in Part 9 of this article is not posted on the official website, and when purchasing goods, works, services, information about which constitutes a state secret, is included in a closed register of bank guarantees, which is not posted in the unified information system and on the official website .

(see text in the previous edition)

8.2. Additional requirements for a bank guarantee used for the purposes of this Federal Law,

By issuing a bank guarantee and by providing it to the customer, the supplier confirms his reliability, enlisting the support of the bank in fulfilling contractual obligations.

The agreement must be in writing. It confirms that if the debtor is unable to ensure the execution of the order, the guarantor organization will pay compensation to the customer. Thus, the risks associated with holding a tender are significantly reduced: either the order will be completed, or the bank will transfer up to 30% of the contract value to the customer’s account.

Bank guarantee participants

A bank guarantee is a transaction and, at the same time, a banking operation. This is important from the point of view of legal regulation: on the one hand, civil legislation, and on the other, banking laws. To avoid any difficulties with paperwork, let’s consider which entities appear in the process of issuing a bank guarantee.

Beneficiary

the entity in whose favor they undertake to ensure compliance with the terms of the contract.

an entity that guarantees the fulfillment of obligations under an agreement or contract. He issues a written certificate.

Principal

a subject in need of an assignment; debtor.

Conditions for obtaining a bank guarantee

The procedure for issuing a bank guarantee is simple: the principal enters into an agreement with the guarantor on the basis of certain documents (we will consider this issue later).

This agreement ensures the proper fulfillment of the principal's obligations to the beneficiary. A bank or other institution enters into a transaction under certain conditions and receives a fee for providing a guarantee.

Our specialists will help you obtain a bank guarantee quickly and without commission for their services.

★ Calculation of the cost of the guarantee in leading Russian banks

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Documents for issuing a bank guarantee

To obtain a bank guarantee, you need to know how much is needed and the conditions of the beneficiary. If we talk about tenders, they are usually spelled out in detail in the terms and conditions of the tender documentation. All information and agreements regarding the transaction are specified in the agreement concluded by the guarantor and the principal:

1. issuance procedure;
2. method of calculation between the principal and the guarantor, the amount of remuneration of the latter;
3. the right of recourse of the guarantor to the debtor, their scope and nature (right of recourse).

Warranty process

It begins with the preparation of a package of documents. Requirements for their list may vary depending on the organization and the basis of the monetary obligation, but the following documents are considered mandatory:

papers confirming the opening of a current account with a bank or creditor organization;

security and pledge;

documents of the company's financial statements for a certain period of time with all the necessary notes from the tax service (usually the last year).

In other words, the organization issuing a bank guarantee must have a good understanding of the financial condition of the debtor company. The more complete the collected package of documents, the greater the likelihood that the application will be approved.

The process of issuing a bank guarantee consists of the following stages:

Client contact and verification. At the first stage, the client contacts a commercial bank (or broker) and fills out a primary document (questionnaire, application or application in the bank’s form); when contacting the broker, the intermediary will independently select a bank according to your requirements and fill out the documents. The bank may request additional information: constituent and financial documents. At the same time, the list of documents from banks specialized in express guarantees is much smaller than from ordinary ones.

Decision-making. Based on the analysis of documents, the bank decides whether or not to provide BG. If in doubt, additional documents may be requested.

Registration of a guarantee. If the decision is positive, the client is sent a draft contract, guarantees and details for paying the commission. All banks have an individual approach to pricing, so the amount of remuneration may vary. However, on average it is 3-6% per annum. Then the client signs the necessary documents, agrees on the draft guarantee with the customer and pays the invoice. The next day, the bank issues a guarantee and places it in the official register of bank guarantees (according to 44-FZ).

Assistance in obtaining a bank guarantee

If this is your first time dealing with paperwork to obtain a bank guarantee, this can become a serious problem. To do everything correctly and on time, many prefer to use tender support services.

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RusTender provides assistance to its clients at all stages of obtaining this document. The advantages of using our company’s intermediary services are clearly defined:

1. short period of document preparation;
2. the waiting time to receive a guarantee is less than when contacting a bank directly;
3. when applying through our company, it is not necessary to open a bank account, provide collateral and security;
4. You entrust the work to professionals and this means that the documents will be completed quickly and efficiently.

Our company’s specialists will help you sort out any questions you may have, they will advise you and select the most favorable conditions for your company.

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