In accordance with the requirements of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data", I give my consent to the Public Joint Stock Company Bank "Financial Corporation Otkritie" (General license to carry out banking operations No. 2209, issued by the Bank of Russia on November 24, 2014, location: 115114, Moscow, st. Letnikovskaya, 2, building 4) and QIWI Bank (joint stock company) (General license of the Bank of Russia No. 2241, issued by the Bank of Russia dated January 22, 2015, location: 117648, Moscow, microdistrict Chertanovo Severnoe, d 1A, building 1) (hereinafter referred to as the Banks) for the processing, collection, recording, systematization, accumulation, storage, clarification, updating, modification, extraction, use, distribution, transfer, depersonalization, blocking and deletion of my personal data, performed from with or without automation.

In accordance with federal law dated 07.07.2003 No. 126-FZ “On Communications” I give my consent to the telecom operator with which I have an agreement on the provision of communication services in relation to the mobile number indicated by me, to provide the Banks with information about the subscriber and the communication services provided to me under the agreement on provision of communication services concluded with such a communication operator.

I consent to the processing of my personal data, including my last name, first name, patronymic, date and place of birth, details of an identity document, data on citizenship, address, family, social, property status, education, profession, income, place of work, contact information phone and other personal information that can be used for the purposes of promoting the services of the Banks, joint services of the Banks and third parties.

This consent is valid from the moment the application is sent until the Bank receives a written application to revoke this consent to the processing of personal data.

Leaving your data in the application sent by me and providing additional data and documents by phone, fax or e-mail, I acknowledge and acknowledge that I have read the stated agreement and give my unconditional consent without reservation or limitation.

Agree with the rules for booking accounts

The service for reserving a current account number is provided to legal entities and individual entrepreneurs(hereinafter referred to as clients) who filled out an application on the website or called the bank at 8 800 2000 024.

The bank does not make payments on the reserved account. The money transferred to the client using the details of the reserved account is kept in the bank for 5 working days. If the account is not opened, after 5 working days the money will be returned to their sender. The Bank is not responsible for losses incurred by the client if, on the date of return of money to the sender, the sender's account is closed or his details have changed. If within 5 working days from the date of receipt of money to the reserved account, it is opened, the money will be transferred to the open account within the time limits established by the current legislation of the Russian Federation.

The Bank may refuse to reserve an account number unilaterally without giving a reason. The Bank may refuse to open a reserved account in cases established by the Bank's internal documents in accordance with the current legislation of the Russian Federation.

The procedure for obtaining a bank guarantee is similar to the procedure for obtaining a loan: the necessary conditions for organizing a guarantor are filling out, collecting and providing a mass of papers, including photocopies of the company's constituent papers, full financial statements for last year, as well as for the last three reporting periods.

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

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You can get a bank guarantee without opening an account and collateral, in some situations without guarantors in the person of businessmen.

What is beneficial

bank guarantee- this is the obligation of a banking organization to pay in writing to the creditor, in accordance with the terms of the obligation given by the guarantor, money upon the provision by the principal of a written request for its payment.

Since opening an account for settlements requires a large number of papers, and registration takes a lot of time, many entrepreneurs are now trying to resort to the help of material services with the least amount of time.

In this situation, the probability of obtaining a bank guarantee without opening an account is beneficial for the organization.

As for tender BGs, they usually talk about short terms. The organizers of competitions and grants for various works will not wait until one of the contestants issues a BG to ensure the fulfillment of their obligations under the agreement in case of victory.

At the same time, BG without opening a current account takes up to two days, which is a big reason for choosing this banking product.

Terms of Service

In general, we can say that the provision of a bank guarantee without opening an account is a frequent occurrence, but more often it concerns working with guarantees up to 10-15 million rubles.

Terms

Video: Making the Right Choice

Documents for obtaining a bank guarantee without opening a current account

To assess the likelihood of issuing a balance sheet, you need to provide such securities:

• Application for the purchase of BG.
• Competition, auction papers.
• BG project according to the example of the customer (if any).
• Financial statements for the past five periods.
• Certificates TIN, OGRN.
• Excerpt from the Unified State Register of Legal Entities (for OJSC, excerpts from the register of shareholders).
• Copies of passports / data of the founders' passports, gene. director, chief accountant.
• Company charter.

In addition to these papers, the guarantor organization may require: certificates of money turnover for the past months, certificates from the tax office about the absence of tax debts. In the presence of loans from the organization, the guarantor bank will need to bring certificates of debts on existing loans.

Price

The price of a BG may vary depending on the personal characteristics of the principal organization, its solvency and credit history, as well as mandatory parameters, such as a good reputation and a stable position in the market for the services provided by this organization.

The commission for issuing a bank guarantee depends on several criteria:

• From the amount of the guarantee, from which you need to pay from 1 to 5%, and sometimes 25%.
• Time of issuance of the guarantee. The smaller it is, the more the collateral costs.
• Preference for a guarantor, because in a competitive environment, each organization sets its own prices for services.
• Presence or absence of collateral. Thus, in the absence of the latter, the level of risk of the guarantor organization increases, and therefore it can double the price of the guarantee.

Who issues

Since a banking organization that provides a BG without opening an account assumes material risks due to the probable non-fulfillment of its obligations by the principal, only large financial organizations provide this service.

Banks prefer to cooperate with stable organizations that provide the smallest risks for providing guarantees.

BGs are issued by banks that have confirmed compliance with the requirements of the legislation, have been recognized as financially stable and included in the list of the Ministry of Finance and Art. 176.1. tax code Russia.

It is necessary to note a few more points that affect the likelihood of banks to act as guarantors, namely: the bank has been operating for at least 5 years and the presence of its capital, which exceeds 1 billion rubles.

Applicants can directly apply to the bank to complete this type of transaction, which will take a long time. Or you can go to brokerage company, she will simplify the process of registration by choosing the most suitable option from a whole list of banking organizations in accordance with the customer's requests, taking on the responsibility of completing all the necessary documents.

Warranty occurrence

A guarantee case is a fact of violation by the principal of his obligations to the beneficiary, established in the guarantee itself. The occurrence of a guarantee situation entails an obligation for the beneficiary to provide the guarantor with a written request for the payment of an unfulfilled obligation.

The guarantor needs to pay the amount specified in the BG during the established warranty period. Often the onset of a warranty situation brings with it disputes between the parties to the transaction, but such conflicts are easily resolved with the help of the courts.

How to issue

In order to issue a BG without opening an account, you need to take the following steps:

• Provide the bank with a number of papers: an application addressed to the manager of the financial institution and a client questionnaire issued by the bank.
• Provide a package of financial papers.
• Make and bring to the bank a copy of the tender application and the conditions of the tender or loan agreement. Be sure to attach to the documents copies of the title papers of the legal entity. faces.
• Based on these securities, the banking organization will assess the financial situation of your organization and agree or refuse to issue a guarantee.
• In case of a positive decision, draw up and sign an agreement with the bank. Pay and get BG.

Time of action

The working time of the BG usually coincides with the time of the main duty of the principal. But shorter periods of guarantees are possible in cases where obligations of a short period are subject to security. For example, this type of guarantee may apply to deliveries of goods in a short time within a full range of works.

BG work period

Peculiarities

A bank guarantee has its own characteristics:

• Subjects. As a guarantor can only be a credit or Insurance Company(Article 368 of the Civil Code of Russia).
• BG refund. For the vacation of the BG, the principal pays the guarantor a reward (clause 2, article 369 of the Civil Code of Russia).
• Independence of the bank guarantee from the main obligation. The obligation of the contractor to the customer provided for by the BG does not depend on the main obligation to ensure the fulfillment of which it is released, even if the guarantee contains a reference to this obligation (Article 370 of the Civil Code of Russia).
• The BG cannot be recalled as a guarantor, unless it provides otherwise (Article 371 of the Civil Code of the Russian Federation).
• Non-transferability of rights under a bank guarantee. The right of claim against the guarantor belonging to the beneficiary under the BG cannot be transferred to another person, unless the guarantee provides otherwise (Article 372 of the Civil Code of Russia).

According to requests to the BG, it can be issued using two methods:

• On the hard copy in writing.
• A virtual document that meets current legal requirements.

Advantages and disadvantages

Pros:

• A big plus for both parties to the transaction is the prompt execution of the BG. Many organizations issue it within one day after applying. Therefore, the additional security procedure does not delay the signing of the main agreement.
• It is easy to find a guarantor: in the financial market, this service is provided not only by many banking organizations but also insurance companies.
• BG is trusted. Here the reputation of the guarantor plays an important role.
• Simplicity of registration of the banking agreement and receipt of reimbursement.

Minuses:

• You have to pay for the registration of the BG. And although the price of opening and maintaining a BG is less than the interest on the loan, the principal bears extra costs.
• BG does not stop working with the fulfillment of the main duty.
• For the main obligation creditor, there is a risk associated with the revocation of the license from the bank that issued the guarantee.

A bank guarantee without opening an account is a profitable tool for an organization, because it is quickly issued and satisfies the interests of each party to the transaction. Since the positives for one side often translate into negatives for the other, a balance point must be found where the two sides can cooperate beneficially.

Hello dear colleague! This article will focus on obtaining a bank guarantee. This topic is relevant for the majority of procurement participants who have become winners in public tenders, or who want to use the BG as a bid security. For this reason, I will try to consider in as much detail as possible all the stages of obtaining a BG, and I will give you a step-by-step algorithm that will allow you to painlessly overcome each stage. There will be a lot of information, so you can make yourself a cup of coffee and spend 10-15 minutes studying the article. And so, let's go...

1. The concept of a bank guarantee

Step 2 Find out in the selected bank on what conditions it is possible to issue the necessary BG, as well as what list of documents should be provided to obtain it.

Step 3 Agree on a rate.

Step 4 Fill out an application for a BG and send it along with a package of documents.

Step 5 Approve the BG project.

Step 6 Pay the bill.

Step 7 Get BG.

This is how the process of obtaining a bank guarantee currently looks like.

Actions of the procurement participant after registration of the BG

Step 1. Obtain the following package of documents from a banking institution, which should contain:

1. one copy of the concluded agreement on the provision of a bank guarantee;
2. the original of the BG itself;
3. extract from the register of bank guarantees.

Step 2 Check the issued guarantee for its compliance with those established in Article 45 of the 44-FZ.

9. How much does a bank guarantee cost?

And at the end of today's article, I would like to say a few words about the cost of a bank guarantee. The process of obtaining a bank guarantee is similar to obtaining a loan from a bank. In fact, this is a service, the cost of which depends on the supply and demand for it. And as you know, demand creates supply. Therefore, the cost of registration of BG in different banks may differ significantly.

Let's take a look at what can affect the final cost of the BG.

Firstly, is the value of the guarantee amount.

Secondly, this is the subject and duration of the BG.

Thirdly, is the presence or absence of security (collateral). A guarantee without collateral is more expensive. Currently, the commission for issuing a BG ranges from 1% to 10%. On average, it is 3-5%. Below you will find an example of the calculation of the value of the BG provided as security for the performance of the contract.

An example of calculating the cost of a bank guarantee

Suppose a bidder has won a repair contract kindergarten. NMCC for this facility is 30,000,000 rubles. The amount of the contract performance security established in the documentation is 30% of the NMCC, i.е. 9,000,000 rubles. Deadline repair work under the contract - 12 months (1 year). For example, let's take the interest rate for issuing a BG equal to 3%.

Now let's calculate the cost of BG:

30,000,000 x 30% x 3% x 1 = 270,000 rubles.

Thus, it turns out that in order to receive an order worth 30 million rubles, the winner needs to purchase a BG for 270 thousand rubles, which is much more profitable than withdrawing 9 million rubles from the organization’s turnover for 12 months and transferring them to the Customer’s account.

That's all for today. See you in the next articles.

P.S.: If you liked the article, then put "likes" and share it with friends and colleagues on social networks.

Union and this Federal Law, - the obligation of another person (principal) to pay customs duties, taxes, customs fees, special, anti-dumping, countervailing duties, if the payer (other person) fails to pay the amounts of customs duties, taxes, customs fees, special, anti-dumping, countervailing duties, penalties, interest in accordance with the terms of the obligation given by the guarantor to pay the amount of money at the request of the customs authority to pay this amount.

3. The provisions of civil law apply to legal relations arising from the acceptance of a bank guarantee as a way to ensure the fulfillment of obligations. Russian Federation, legislation on electronic signature and this Federal Law.

4. To ensure the fulfillment of obligations, customs authorities accept bank guarantees issued by banks included in the register of banks that have the right to issue bank guarantees (hereinafter in this chapter - the register), as well as bank guarantees issued by VEB.RF or the Eurasian Development Bank. The register is maintained by the federal executive body exercising the functions of control and supervision in the field of customs.

(see text in previous edition)

5. A bank guarantee issued by VEB.RF or the Eurasian Development Bank is accepted by the customs authority subject to the conditions established by this article, if the maximum amount one bank guarantee and the maximum amount of all simultaneously valid bank guarantees of VEB.RF or the Eurasian Development Bank established by the Government of the Russian Federation, and there are no grounds provided for in paragraphs 3-7 of part 18 and part 19 of this article.

(see text in previous edition)

6. A bank guarantee is submitted to the customs authority in the form of a paper document or an electronic document signed with an enhanced qualified electronic signature of a person entitled to sign bank guarantees on behalf of the guarantor.

7. The bank guarantee must contain the following information:

1) on the condition according to which the fulfillment of the obligations of the guarantor under the bank guarantee is the actual receipt Money to the account of the Federal Treasury;

2) on reducing the amount of the obligations of the guarantor under the bank guarantee by the amount of the payment made by the guarantor under the bank guarantee. The amount of payment by which the amount of the guarantee is reduced does not include the amounts of penalties paid by the guarantor in connection with the delay in fulfilling obligations under the bank guarantee;

3) on the obligation of the guarantor to pay a penalty to the customs authority in the amount of 0.1 percent of the amount payable for each calendar day of delay in fulfilling obligations under a bank guarantee;

4) on the application by the customs authority of measures to recover from the guarantor the amounts, the obligation to pay which is secured by a bank guarantee, in the manner and within the time limits that are also provided for by this Federal Law, in the event that he fails to fulfill the demand for payment within the established period sum of money under a bank guarantee sent before the expiration of the bank guarantee;

5) that the bank guarantee cannot be revoked or changed by the guarantor.

8. If a bank guarantee is presented as a general security, the beneficiary of such a bank guarantee must be the customs authorities.

9. On the day of its submission to the customs authority, a bank guarantee must be in force, unless otherwise provided by part 10 of this article.

10. It is allowed to present and accept a bank guarantee to the customs authority before it comes into force in order to comply with the condition of continuity of ensuring the fulfillment of obligations provided for in paragraph 4 of Article 63, paragraph 9 of Article 399 and paragraph 9 of Article 436 of the Code of the Union, provided that the difference between the day the bank guarantee is submitted to the customs authority and the day it comes into force does not exceed ninety calendar days, and the previously accepted security for the performance of obligations expires no earlier than one day before the bank guarantee comes into force.

11. Depending on the secured obligations, a bank guarantee is provided:

2) to the federal executive body exercising the functions of control and supervision in the field of customs affairs - for a bank guarantee provided as a general security.

12. A bank guarantee issued in the form of an electronic document signed with an enhanced qualified electronic signature shall be submitted to the customs authority by the guarantor in accordance with the procedure provided for by part 32 of this article.

13. A bank guarantee issued in the form of a document on paper shall be submitted to the customs authority by the principal with a cover letter. The principal, together with the original bank guarantee, shall submit originals or notarized copies of documents confirming the relevant powers of the persons who signed the bank guarantee, and a duly certified card with specimen signatures of these persons and a seal imprint (if any) of the guarantor who issued the bank guarantee, or a notarized copy of such card. If these documents and the card were previously submitted to this customs authority, their submission is not required.

14. The customs authority accepts the provided bank guarantee or refuses to accept it within a period not exceeding:

1) five working days from the date of its receipt - for a bank guarantee issued in the form of a document on paper;

2) one working day following the day of its receipt - for a bank guarantee issued in the form of an electronic document signed with an enhanced qualified electronic signature.

15. A bank guarantee is accepted by the customs authority subject to the conditions established by this article, if the bank that issued it is included in the register on the day the specified bank guarantee is received by the customs authority and the maximum amount of one bank guarantee and the maximum amount of all simultaneously valid bank guarantees specified in register for this bank, as well as there are no grounds provided for in parts 18 and this article.

16. If a bank guarantee is accepted, the customs authority, within a period not exceeding two working days from the date of its acceptance, sends the principal a customs receipt for the amount indicated in the bank guarantee.

17. If the bank guarantee is presented in the form of an electronic document signed with an enhanced qualified electronic signature, the customs authority sends information about its acceptance to the guarantor that issued the bank guarantee.

18. The customs authority refuses to accept a bank guarantee issued in the form of an electronic document signed with an enhanced qualified electronic signature, if at least one of the following grounds exists:

1) feedback central bank Russian Federation from the bank that issued the bank guarantee, licenses for banking operations, appointment of a temporary administration to the bank for management credit institution or the imposition of a moratorium on satisfying the claims of the bank's creditors;

2) the absence of the bank that issued the bank guarantee in the register on the day of receipt of the specified bank guarantee by the customs authority;

4) the presence in the bank guarantee of erroneous (incorrect, unreliable) information about the guarantor, principal and (or) beneficiary, about the secured obligation, if such erroneous (incorrect, inaccurate) information may result in the guarantor's refusal to pay under the bank guarantee;

5) non-observance of the limit on the maximum amount of one bank guarantee and (or) the maximum amount of all simultaneously valid bank guarantees specified in the register for the bank that issued the bank guarantee, or non-observance of the limit on the maximum amount of one bank guarantee and (or) the maximum amount of all simultaneously valid bank guarantees of VEB.RF or the Eurasian Development Bank established by the Government of the Russian Federation;

(see text in previous edition)

6) the presence in the bank guarantee of an indication of the submission by the customs authority to the guarantor of documents that are not provided for by this article;

7) the term of the bank guarantee expires earlier than three months after the day due date fulfillment of the obligation to pay customs duties, taxes, customs fees, special, anti-dumping, countervailing duties, secured by a bank guarantee, or the date of occurrence of an event with which the fulfillment of the obligation to pay customs duties, taxes, customs fees, special, anti-dumping, countervailing duties is connected.

19. The customs authority refuses to accept a bank guarantee drawn up in the form of a document on paper and returns it to the principal if one of the grounds provided for by Part 18 of this Article and (or) one of the following grounds exists:

1) non-receipt from the guarantor to the federal executive body exercising the functions of control and supervision in the field of customs affairs, information in in electronic format on the issuance of a bank guarantee in accordance with the procedure provided for by part 32 of this article;

2) signing of a bank guarantee by persons who do not have the appropriate authority, and (or) persons whose authority to sign a bank guarantee is not confirmed;

3) discrepancy between the seal of the guarantor's seal on the bank guarantee and the seal of the guarantor on the card with sample signatures of persons who signed the bank guarantee and the seal of the guarantor (if there is a seal) that issued the bank guarantee, if the guarantor has a seal;

4) discrepancy between the signatures of the persons who signed the bank guarantee on the bank guarantee and the specimen signatures of the persons indicated on the card with specimen signatures of the persons who signed the bank guarantee and the seal of the guarantor (if any) that issued the bank guarantee;

5) failure to comply with other conditions established by this article.

20. The provisions of clause 7 of part 18 of this article shall not apply to bank guarantees that ensure the performance of obligations legal entity operating in the field of customs, and (or) the obligations of an authorized economic operator, as well as bank guarantees used as general security, or in cases where the obligation to pay customs duties, taxes, customs fees, special, anti-dumping, countervailing duties did not arise.

21. In case of refusal to accept a bank guarantee, the customs authority, within the period established by part 14 of this article, informs the principal and the guarantor that issued the bank guarantee, in the form of a document on paper or an electronic document signed with an enhanced qualified electronic signature, of the refusal, indicating the reasons which served as the basis for the refusal. Simultaneously with the refusal, the principal is returned a bank guarantee issued in the form of a document on paper.

22. If the bank guarantee is accepted by the customs authority before the obligation to pay customs duties, taxes, customs fees, the obligation to pay special, anti-dumping, countervailing duties arises, then the bank guarantee cannot be used to ensure the fulfillment of such obligations if the validity period of the bank guarantee expires earlier than three months from the date of expiration of the established period for the fulfillment of these obligations or the date of occurrence of an event with which the fulfillment of the obligation to pay customs duties, taxes, customs fees, special, anti-dumping, countervailing duties is connected.

23. The customs authority that accepted the bank guarantee sends the guarantor a waiver of its rights under the bank guarantee, if such guarantee has not expired, in the cases established by paragraph 13 of Article 399 and paragraph 23 of Article 436 of the Code of the Union, as well as in cases where the obligation to payment of customs duties, taxes, customs fees, special, anti-dumping, countervailing duties, the execution of which is secured by such a bank guarantee, has been executed in full, terminated or has not arisen, or another security for the fulfillment of obligations has been provided and accepted by the customs authority instead of the bank guarantee.

24. The waiver of the customs authority from its rights under a bank guarantee is executed in the form of an electronic document signed with an enhanced qualified electronic signature. If the bank guarantee is issued in the form of a document on paper, it will not be returned.

25. In the event that the Central Bank of the Russian Federation revokes the banking license of the bank that issued the bank guarantee, appoints a temporary administration to the bank to manage the credit institution and (or) imposes a moratorium on satisfying the claims of the bank's creditors, the principal is obliged no later than one month from the date of revocation of the license submit to the customs authority a new security for the performance of duties.

29. The maximum amount of one bank guarantee and the maximum amount of all simultaneously valid bank guarantees issued by one bank included in the register for the acceptance of these guarantees customs authorities are established by the federal executive body that performs the functions of developing public policy and legal regulation in the field of customs, depending on the value own funds(capital), the values ​​of the mandatory ratios provided for by the Federal Law of July 10, 2002 N 86-FZ "On central bank Russian Federation (Bank of Russia)", and other criteria.

30. The maximum amount of one bank guarantee and the maximum amount of all simultaneously valid bank guarantees issued by VEB.RF or the Eurasian Development Bank for the acceptance of these guarantees by the customs authorities are established by the Government of the Russian Federation. the procedure established by the Central Bank of the Russian Federation in agreement with the federal executive body exercising the functions of control and supervision in the field of customs. The transfer of VEB.RF or the Eurasian Development Bank to the customs authorities, as well as the customs authorities to VEB.RF or the Eurasian Development Bank of electronic documents signed with an enhanced qualified electronic signature, and information in electronic form, provided for in this article, is carried out in the manner established by the agreement federal body executive power, which performs the functions of control and supervision in the field of customs, with VEB.RF or the Eurasian Development Bank.

(see text in previous edition)

33. The composition and structure of information in electronic form sent by banks to customs authorities, as well as by customs authorities to banks provided for in this article, are established by the Central Bank of the Russian Federation in agreement with the federal executive body exercising control and supervision functions in the field of customs . The composition and structure of information in electronic form sent by VEB.RF, the Eurasian Development Bank to the customs authorities, as well as by the customs authorities in VEB.RF, to the Eurasian Development Bank, provided for by this article, are established by agreement of the federal executive body that performs the functions of control and customs supervision, with VEB.RF or the Eurasian Development Bank.

(see text in previous edition)

34. A bank guarantee may be used to ensure the fulfillment of the obligations specified in paragraph 16 of Article 399 of the Code of the Union, if this is provided for by the terms of such a bank guarantee.

A bank guarantee is a type of security for obligations confirmed by a bank (“guarantor”) in favor of a client (“principal”) to fulfill obligations to a creditor (“beneficiary”).

There are various types of guarantees: tender, payment, customs, tax, contract performance, credit line. Legislative regulation of operations is carried out on the basis of Art. 368 part 1 of the Civil Code of the Russian Federation dated November 30, 1994 (51-FZ). A bank guarantee helps to develop business, opens up new prospects for legal entities.

Return of bank guarantee

The return of the bank guarantee is made:

• when the beneficiary waives his rights. Such a situation may arise upon termination of the contract, in the event that customs obligations have not arisen;
• upon liquidation of the guarantor as a legal entity, upon revocation of the license by the Central Bank of the Russian Federation;
• at the end of the contract;
• upon payment of the full amount to the beneficiary;
• expiration of the warranty period;
• upon payment of compensation.

Execution of a bank guarantee

The execution of a bank guarantee is understood as the fulfillment of the guarantor's obligations under the contract upon the occurrence of the cases described in it. The execution of the bank guarantee is entrusted to the bank, which subsequently independently returns the funds from the unscrupulous principal.

The process of execution of a bank guarantee consists of several stages:

• drawing up a claim, submitting it to a financial institution and notifying the principal of a claim received by the guarantor;
• consideration of the application and verification of documents;
• making a decision and notifying all interested parties about it.

Securing a bank guarantee

The provision of a bank guarantee is made on the basis of Art. 368 Civil Code RF. It is made after the application for a guarantee is submitted and the bank makes a positive decision on the application. The subject of the security is specified in the contract. It can be: a pledge, a deposit, a bill, guarantees of another financial institution, which the principal transfers to the bank. The amount of the security must exceed the amount of the guarantee. The credit authority may request confirmation of the value of the collateral, for example, an expert opinion. Usually interest rates for a guarantee without collateral is higher than for the same service with a pledge or deposit.

Register of bank guarantees

Information on all issued guarantees is entered into the register of bank guarantees. This requirement is fulfilled within 24 hours from the date of conclusion of the contract. Only then will the obligation enter into force. The goals of registration are the possibility of verifying the authenticity of documents, reducing budget losses from false guarantees.

The following information is entered in the register of banking operations:

• name of the bank, its address TIN;
• the amount of money payable by the guarantor in case of default by the principal;
• name, TIN and address of the client of the financial institution as the principal;
• a copy of the surety agreement;
• duration of the obligation.

Bank guarantee terms

The terms of a bank guarantee are determined by its type and are described by an agreement between the principal and the guarantor. Depending on the procedure for payment of funds to the beneficiary, a distinction is made between a guarantee on demand (unconditional) and a conditional guarantee, which requires documentary evidence of the principal's failure to fulfill his obligations. For example, non-fulfillment of obligations can be considered improper performance of the contract, failure to return an advance payment or non-payment of customs duties, failure to fulfill obligations by a tenderer.

Limit on issuance of bank guarantees

Any company can obtain a limit on the issuance of bank guarantees (BG), subject to a number of rules. Registration of an application is beneficial for organizations that often take part in tenders. Obtaining a limit allows you to receive a bank guarantee as soon as possible for several years.

Companies with the most stable economic indicators. A plus for the organization will be experience in fulfilling obligations. Banks carefully check the level of solvency of the borrower.

Main types of bank guarantees

Guarantee - a way to ensure the fulfillment of obligations on debts. By issuing a guarantee, the bank assumes the corresponding risks. Allocate the main types of bank guarantees: payment, execution, return of advance payment, bill of lading, conditional, guarantees on first demand, customs.

Types of BG differ in terms of execution. Payment guarantee - an agreement by the bank to make payments in the event of default by the borrower. First demand guarantee - the obligation of the borrower to return the borrowed amount after the first written application of the lender.

How to get a bank guarantee?

You can find out how to get a bank guarantee from a bank or a broker. Clients who seek help from a broker are guaranteed to receive permission to, however, the cost of an agent's services is higher than in a bank. By cooperating with the bank, the borrower receives less risk.

It is necessary to prepare a package of documents. The execution of an application in cooperation with a broker, the client shifts to the agent. Consideration of the application in the bank is delayed for 2-3 weeks, the broker is ready to provide the bookmaker within a few days.

What does a bank guarantee look like?

AT last years the problem of forgery has worsened bank documents, so the client must know thoroughly what a bank guarantee looks like. The document is printed on a corporate bank letterhead. The corporation issuing the guarantee must be listed by the Ministry of Finance.

The document contains the standard text of the agreement, the details of the borrower and the bank. Most banks print letterheads with watermarks. When contacting an intermediary for a guarantee, you should check all levels of protection of the form.

Who issues bank guarantees?

When choosing a broker for a loan, you should clarify in advance who issues bank guarantees and under what conditions. An intermediary of any level turns to the bank for help, since only institutions registered with the Ministry of Finance are entitled to issue guarantees. The right to issue relevant documents is also reserved for insurance companies.

Today, more than 300 banks in the Russian Federation are authorized to issue BGs, the list is expanding. More often, clients turn to big banks: Sberbank, VTB, Otkritie. Small financial institutions offer the drafting of an agreement on more favorable terms.

Bank commission and factors affecting the cost of a bank guarantee

The bank commission and factors affecting the cost of a bank guarantee vary by financial institutions and in the time span. The size of the state contract, the availability of collateral, the reliability of the borrower - everything is taken into account in the preparation of the price of the guarantee. The bank commission is 1.5-5% of the size of the BG.

The rate in the presence of a pledge in the form of property will be 2.5% of the amount of the guarantee, but not less than 10,000 rubles. Having a deposit, the client can count on 1.5%. In the absence of collateral and the ability to open a deposit, the bank provides a rate of 4%.

Documents for obtaining a bank guarantee

Turning directly to the bank or to the broker, you must independently collect information. An application, a questionnaire, analytical tables are compiled at a bank branch. It is also necessary to prepare constituent documents for obtaining a bank guarantee.

It is obligatory to provide: an accounting report, tender documentation, a copy of the contract, a draft text of the guarantee, bank statements for the last 6 months. The Bank requests copies of the passports of the persons responsible for signing the agreement. Banks have the right to require the provision of additional information.

Advice from Sravni.ru: When concluding a bank guarantee agreement, it is worth consulting with specialists who can check the terms of the guarantee.