Letter of guarantee with the provision of personal property. Obtaining a letter of guarantee for payment of the debt. Letter of guarantee for practice and training

27.03.2020

(sample) will be of interest to those who want to receive from the debtor a document in which he undertakes to perform some action within the framework of the relationship of the parties. The scope of application of letters of guarantee is extensive. In this article, you will learn how to write a letter of guarantee correctly.

What is a letter of guarantee?

A letter of guarantee is one of the documents of business turnover, which is drawn up by one of the parties to the transaction (or by an individual) and contains confirmation of compliance with certain conditions or the performance of any actions.

A letter of guarantee is one of the ways to secure obligations.

In practice, this document is found not only in the relationship between legal entities, but also in the context of the interaction of individuals. Examples of areas of application for letters of guarantee can be:

Labor law. In this case, a letter of guarantee for employment is drawn up. It is usually required when submitting documents to the FMS for migrants.
Contract law. There are quite a few situations that may require the preparation of letters of guarantee. For example, a loan agreement, lease, etc. For example, a letter of guarantee for payment of debt, a letter of guarantee from the owner of the premises.

It is not difficult to draw up a letter of guarantee (sample), since the form of its writing is arbitrary, and the content depends on the specific situation.

You can send a letter of guarantee in several ways:

Personally in hands. In this case, the receiving party must sign on the second form of the document.
By registered mail.
By email.

How to write a letter of guarantee?

The legislator does not provide for a sample letter of guarantee in the norms of law. However, when compiling it, we recommend paying attention to several circumstances:

be sure to indicate the recipient of the document, in particular, his full name (or name of the legal entity), address, telephone number and other information;
write down everything in the text of the letter in the most detailed way - on the basis of what the legal relations of the parties arose and what is provided by the letter, in what time frame certain actions will be performed, etc.;
you can attach to the letter all the documents with which you consider it necessary to familiarize the other party;
if the letter is composed on several pages, then all of them must be stitched and numbered, or each page must be signed;
as a rule, a letter of guarantee is drawn up in response to a claim, therefore it is advisable to reflect this fact in the text of the document itself;
at the end of the letter, be sure to put the date and signature, and the signature should be only of an authorized person (a legal entity additionally puts its seal).

Letter of guarantee form

The form of a letter of guarantee, which is drawn up on behalf of a legal entity, must contain all its details (full and abbreviated name, TIN, PSRN, address, telephone).

If the document is written on behalf of individual, then the order of writing is arbitrary.

Letter of guarantee - how to write?

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The letter is written in simple writing, either on the official letterhead of a legal entity or on plain paper by an individual.

Depending on the specific situation, the guaranteeing party must write the terms and, if necessary, the means of fulfilling the obligation assumed by it.

Of course, a letter of guarantee is not a binding document, as it is not of a normative nature. However, when compiling it, the parties hope for the decency and diligence of the debtor. That is, these relationships are based on trust.

Example of a letter of guarantee

Download letter of guarantee

Director of Horns and Hooves LLC

Ivanov Igor Viktorovich

from Petrov Vladimir Ivanovich,

residing at:

Ulyanovsk, st. Lenina, d. 1 apt. one.

Contact phone: +7 111 111 11 11

Letter of guarantee

I, Petrov Vladimir Ivanovich, undertake to pay for the work performed by Horns and Hooves LLC, in accordance with the contract for the provision of services dated May 16, 2014 No. 2 in the amount of 16,500 (sixteen thousand five hundred) rubles by May 15, 2015.

Painting (decoding)

A letter of guarantee is a business official document that is addressed from one party to another in a partnership. 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 on the performance of work

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

The number of the outgoing document and the date of compilation.
The name of the recipient.
Title.
Content: a list of works that the contractor undertakes to perform, deadlines, a link to the contract between the parties.
Information about the employer: company details, address, contacts.

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

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

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

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

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

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

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

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

We guarantee...
We guarantee that...
"Partner" guarantees...
We confirm that we will make a payment
Please send cash on delivery...
Payment on time .... guaranteed ...
We hereby guarantee...

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

Letter of guarantee for payment - document business correspondence, which contains a promise by one person (legal or natural) to pay for goods, services or work to another person (natural or legal).

Sample letter of guarantee for payment

A payment guarantee may relate to goods and services already received, that is, in essence, the letter contains a request for a deferred payment and a promise to pay off the debt within a certain time frame. Also, the letter can guarantee the performance of any already paid work or services.

A letter of guarantee from a legal entity is drawn up on the letterhead of the organization, from an individual - on a regular sheet of A4 format.

Form of guarantee letter for payment

The form of this document is not strictly regulated. Usually the person guaranteeing future payment writes it in free form according to a certain template of a letter of guarantee for payment, taking into account general rules conducting business correspondence.

The letter of guarantee for payment from a legal entity must contain:

outgoing number and date of compilation;
addressee data - to whom the letter is sent (name of organization, full name of the head);
guarantee of payment for goods, services, work, etc.; the text of the guarantee letter itself usually looks like this: “The company (name) guarantees to make payment for (name of goods or services) in the amount of (amount payable, including in words) on time (until which date) on the basis of (the document on which the goods, services are provided and payment is made).
In addition, for additional confirmation of the guarantee, the text of the letter can include obligations to pay penalties for late payment.
signatures of the head of the organization and the chief accountant (since we are talking about money), certified by the seal of the organization.

A letter of guarantee from an individual contains:

in the "header" - the name, address, telephone numbers, organizations, full name and position of its head, as well as the full name and address of the person who writes the letter of guarantee;
in the text of the letter - a promise to pay for a product or service (perform work), the amount, terms and method of payment;
the signature of the compiler and the date of writing the letter.

What is a letter of guarantee and how to write it: a sample letter of guarantee about payment, to the address, for the delivery of goods. Types of letters of guarantee

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It is no secret that in the era of commodity-money relations, it was required, and is still required to this day, a guarantee that each of the parties will fulfill its obligations under the transaction. One of the documents with which you can guarantee something (in fact, promise) is a letter of guarantee.

Definition and legal rules

From the point of view of legislation, a letter of guarantee is an element of the workflow, one of the types of business correspondence - as a rule, between legal entities. From the very name of the document it follows that a letter of guarantee is a written way of confirming obligations or fulfilling certain conditions in the required time and to the required extent. This additional confirmation is used when conventional arrangements may not be sufficient.

Important

The letter of guarantee is not a commercial document.

Letters of guarantee are often used in entrepreneurial activity, however, there are no special rules governing their design and use in Russian legislation. Therefore, one should be guided by standard business practices and strive to achieve the most clear and unambiguous language that accurately reflects the intentions and obligations of both parties.

What guarantees does it contain?

The letter contains guarantees that the product or service will be paid for within a certain period indicated in the document.

Who should make

The letter is written by the customer or buyer. Most often, some commercial firm or organization acts as a buyer. Further, the document is signed by the head of the customer's enterprise and the accountant, after which it is sent to the seller (supplier).

Letter of guarantee instead of contract

In fact, drawing up a letter of guarantee is an alternative to concluding an agreement when such an action is inappropriate for some reason.

Unlike a contract, which includes an offer (offer) and obligations in accordance with this offer (acceptance), a letter of guarantee acts as one of these components.

Letter of guarantee as an offer

An offer always expresses a proposal sent to one or more addressees to enter into a certain relationship, and clearly declares the intentions of the addresser. From this point of view, a letter of guarantee may be considered an offer if it contains:

an offer to pay for services after they have been rendered;
an offer to perform work, to make a delivery, to provide a service.

The letter of offer must be formulated in sufficient detail, because it replaces a part of the contract, which means it must contain its main essential elements:

the subject of the offer (goods, services, types of work - a specific listing);
deadlines.

Important

The terms indicated in the guarantee letter-offer are of decisive importance: sent to the addressee, it can no longer be canceled by the sender within the specified periods for response, unless other conditions are specified in the text itself or follow from it.

The recipient of such a letter of guarantee, in case of acceptance of the offer, can fulfill the conditions or simply explicitly express consent: this action is considered the appropriate response, that is, the fulfillment of the second part necessary for the conclusion of the contract. Thus, as a result of the action of the letter of guarantee and the response of the addressee, a legal action takes place between them, equivalent to the conclusion of an agreement (no one bothers to sign a standard bilateral agreement in addition to it).

Letter of guarantee as acceptance

This document can also act as the second element of the contract - acceptance, that is, the intention to accept contractual proposals, if such proposals have already been voiced to the counterparty before. For example, an organization received offer, made a decision on the basis of an advertisement or an information site of a partner. Then the direction of the letter of guarantee will actually be a response to the offer made, albeit in an implicit form, of a contractual relationship.

The requirements for the answer are not as strict as for the proposal: in such a letter it is enough to formulate an unambiguous and detailed answer - consent to accept the proposed conditions.

Fact

If the sender decides to revoke his acceptance letter of guarantee, then this must be done immediately, preferably before it reaches the addressee or immediately after that - before any procedural actions are taken on it.

Pros and cons of a letter of guarantee as a substitute for a contract

Positive points:

you can not draw up a document signed by both parties;
if the requirements for the offer and acceptance are met, such legal relations are absolutely legal;
the court recognizes letters of guarantee on a par with the concluded contract.

Disadvantages of exchanging letters of guarantee:

volume limits detailed description conditions;
it is impossible to define all rights and obligations;
procedural points are not specified;
the responsibility of the parties is not always clearly defined.

Thus, contractual relations through letters of guarantee are legally valid, however, controversial points that may lead to litigation are not ruled out.

Letter of guarantee form

The form of a letter of guarantee, which is drawn up on behalf of a legal entity, must contain all its details (full and abbreviated name, TIN, PSRN, address, telephone).

If the document is drawn up on behalf of an individual, then the order of writing is arbitrary.

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The letter is written in simple writing, either on the official letterhead of a legal entity or on plain paper by an individual.

Depending on the specific situation, the guaranteeing party must write the terms and, if necessary, the means of fulfilling the obligation assumed by it.

Specific types of letters of guarantee

Depending on the function that this letter of guarantee is intended to perform, their types are distinguished.

A letter of guarantee confirming payment obligations. Funds recognized under a letter of guarantee may be intended as payment for goods, services, performance of a particular work, or to pay off a debt. Such a letter is a fact of recognition of the debt. Most often, it is drawn up when, for some reason, the payment cannot be made immediately or it has to be postponed.
A letter of guarantee confirming the commitment to work, goods or services. Such a document assures the recipient that the obligations indicated in it will indeed be fulfilled by the specified date in a certain amount. It is possible to indicate several time intervals when it comes to phased work. Such a document also confirms the required quality in accordance with certain standards (SNIPs, GOSTs, etc.). Such a letter of guarantee can be written if there is a possibility of violation of the terms according to the specification or other documents, or immediately before the conclusion of the corresponding contract.
A letter of guarantee confirming the intentions of the landlord. This refers to the guarantee of assigning a legal address. Such a document will be required for presentation to the tax if the organization does not own certain real estate for placement and indication in the constituent documents. The legal entity has the right to rent such premises, providing the tax authorities with a guarantee that the landlord really intends to provide such services to him.
Letter of guarantee confirming future employment. Such a letter may be needed when hiring is important for a future employee. legal significance. For example, such a letter of guarantee has the right to ask for:
- student for presentation to the university (some educational establishments in certain specialties, especially in the case of training at the places of state order, they issue a diploma only after providing a certificate of future official employment);
- a foreign employee (he must take such a document to the migration service);
- released prisoners embarking on a labor path (they will have to report to the administrative supervision authorities).

Features of compilation and design

As a rule, any letter of guarantee does not exceed a standard sheet of A4 format, is printed on a special letterhead of the sending legal entity, signed by the governing bodies (director, sometimes chief accountant), sealed by the organization. Mandatory details:

number and date (in accordance with the registration of outgoing documentation);
name of the recipient organization;
Full name of the recipient (usually this is the general director of the organization);
the subject of the letter (it is not necessary to write the words “letter of guarantee” themselves, since such a document as a type of business correspondence does not legally exist);
main content (guarantees of obligations, their volume and terms);
sender data;
position, personal signature and full name of the person signing the document (director, chief accountant).

Further nuances depend on the type of letter of guarantee. Let us consider them in more detail and give a specific example of compiling a letter of guarantee designed to perform a particular function.

debts

By issuing this document, you guarantee the fulfillment of your obligations to pay the debt in the future. To the items listed above, you must add the amount of the debt (indicated in words and numbers), the schedule for its repayment, the number and date of the agreement under which the debt arose.

To reschedule obligations or agree on a debt restructuring, you can use a sample deferred payment guarantee letter. In such a document, you must indicate the exact period for which the debtor asks to postpone payments, as well as the conditions of liability for its violation.

To the tax

This document is required for registration legal entities. Tax inspectors often require applicants to provide a letter of guarantee from a prospective landlord. Thus, the Federal Tax Service checks the address of the organization being created.

In the letter, it is important to indicate the intention of the owner to conclude a lease agreement with the registered organization for non-residential premises located at a specific address. It is also worth registering the details of the title documents for the premises.

To pay for rented space

In order for the owner of the leased object not to doubt the timely settlement of payments, it is necessary to fill out and submit a sample letter of guarantee for payment of rent. This document indicates a link to the concluded agreement, or a potential tenant will guarantee the timeliness of payment when concluding an agreement.

A sample letter of guarantee on payment for the premises will also be needed if there is a debt on monthly payments. It is important to carefully prescribe the guarantees provided to the owner of the object, since the contract can be terminated unilaterally for late payment of the lease.

To perform work

This document is provided to the customer by the contractor before the conclusion of the contract. It specifies specific types works or services that the contractor undertakes to perform within a certain period of time. In practice, to confirm the conscientiousness of the contractor, a bank guarantee is also presented.

We confirm payment guarantees

Such a document may be in circulation not only between organizations, but also between entrepreneurs - individuals.

A letter recognizing the debt and guaranteeing its repayment must necessarily have, in addition to the signature of the head, the signature of the financially responsible person (financial director, chief accountant).

Letter of guarantee to the FSS on the payment of benefits

The addressee is the manager of the local branch of the Social Insurance Fund. At the beginning, the data of the LLC or individual entrepreneur must be given: name, registration and TIN numbers, legal address. The paper indicates the record number with the date of writing.

In the main part, it is guaranteed that the benefits accrued for a certain period of time will be paid in full within the legal deadlines. It also declares readiness to accept the responsibility provided for by law in case of violation of obligations.

The text is signed by those responsible for social insurance - the head of the enterprise and the chief accountant.

Purchased item

A sample letter of guarantee for payment of an invoice is required if the term for receiving products does not coincide with the moment of transfer of funds. In such a letter, it is important to indicate the amount of payment and the name of the goods, the details of the seller. In some situations, you can prescribe liability for breach of obligation.

What wording to use when preparing a letter of guarantee

In order to formulate the essence of the assurance as correctly as possible, it is necessary to know which wording will most clearly reflect it.

Download a sample letter of guarantee for payment of debts in MS Word format.

The most suitable words and expressions will be:

We guarantee.
We are obligated to pay the debt.
We confirm payment on time.
Please send to our address cash on delivery (type of guarantee).
We guarantee timely payment.
We hereby provide a guarantee.

Sample letter of guarantee for construction and installation works

When performing a work contract, the guarantees provided by both parties to the contract to each other largely depend on external factors, each of which must be taken into account in the letter in order to avoid imposing unnecessary responsibility on oneself.

As a rule, a contract for the provision of construction services is a long-term document that implies various stages of work and payments for them, as well as the execution of accompanying documentation and the commissioning of an object by a state commission, followed by a 5-year guarantee for the services performed. Thus, the document takes into account many nuances, and the letter of guarantee is drawn up as an additional official paper, taking into account the following circumstances:

If the deadlines were violated, the circumstances under which this happened, and the exact date of completion of these works, are prescribed.
When the fulfillment of warranty obligations depends on the provision of the contractor with any resources, powers, project documentation, letters of agreement or other significant things, he must clearly indicate this, determining the deadline for completion of work in the number of days after receipt of the specified data.
In the event that the customer doubts the quality of the work, the contractor guarantees compliance with SNiP and other standards, as well as, if necessary, calling the laboratory or providing other control with subsequent documentary confirmation.
In situations where there is a delay in payment on the part of the investor, and this greatly affects the timing of the work, the customer gives guarantees for payment for services with a deadline or offers to act as a guarantor when drawing up a credit line for his work manager.
The result of this letter should be the final commissioning of the premises for the possibility of its use by the owners for its intended purpose, as well as the receipt of all the amounts specified in the contract.

Important

All performance guarantees construction works must be substantiated by real facts, since repeated failure to meet deadlines may lead to termination of the contract.

Sample letter of guarantee on the fulfillment of obligations under the contract

If the parties enter into a contract, but one of them has doubts that the opponent will be able to provide the goods, perform the service or make payment in the required amount and on time, then she has the right to demand a letter of guarantee from her counterparty.

In the event that obligations were violated, it is necessary to briefly indicate the reason for this oversight, which does not depend on the actions of the defendant, and also apologize in connection with this fact.

Indicate any additional conditions and benefits for the customer or supplier, in particular, discounts, bonuses, gifts, additional shipments and other pleasant circumstances that can make amends for the parties to the contract and the possibility of further cooperation with the counterparty.
Be sure to fix the deadlines for fulfilling obligations and the completion of this action. That is all cash will be credited to your account by (specify date) in the amount specified in the signed agreement.

Important

If this letter was preceded by any breach of agreement, the text should indicate that such a fact was isolated and subsequently the respondent will make every effort to avoid repetition.

If a guarantee is given to pay for a product or service, it is necessary to indicate the amount in figures or words, the method of transfer, the stage of payments made and other mandatory conditions for the fulfillment of financial obligations under the contract.

Sample letter of guarantee on the absence of debt

The requirement to provide it is a common thing in banks when opening an account. The guarantee is also issued in tax service when registering an enterprise in a new region or transferring to a new status.

The referent prescribes his name, PSRN, TIN and legal address. Actually, the guarantee can be formulated as follows:

Who is responsible for fulfilling the obligations under the contract

The sender of the letter, that is, the executor, who undertakes to fulfill his part of the agreement in a quality manner and within the time specified in the document, is responsible for the fulfillment of guarantees.

A letter of guarantee with a prescribed performance of obligations does not replace the contract. However, when properly drafted, it can help resolve disputes when they arise.

How to present a letter of guarantee

You can send the appropriate correspondence to the addressee in several ways:

The most preferred options are the first or second, since the sender still has supporting documents in his hands. The rest are possible by agreement of the parties (for example, if e-mail addresses are indicated in the contract between the parties).

Additional questions

Is there liability for non-compliance?

The letter of guarantee documents the seriousness of the buyer's intentions and expresses his readiness for timely payment. It is possible to hold the customer liable for failure to fulfill the prescribed obligations (in case of non-payment) only in judicial order, and according to the previously prescribed penalties.

Summarizing the above, we can conclude that although the letter is not a 100% guarantee that the buyer will pay the cost of the goods, it is a serious document if the issue is resolved in court.

What mistakes are made when compiling

Since we are dealing with such paper as, for example, a sample letter of guarantee for payment, it would be inappropriate to use informal words (slang, vernacular) here. It is also not worth describing in detail the events that led to the impossibility of transferring money on time. You can specify their very essence or even omit this moment. Warranty obligations must be written accurately, indicating the amount and date of its transfer.

All information in the text should be unambiguous for understanding (without ambiguous phrases) to prevent possible disputes.

Finally, it is desirable to receive notification from the creditor of receipt of the document. This will prevent papers from being lost along the way.

Conclusion

A letter of guarantee does not replace the conclusion of an agreement between the customer and the work or service provider. But this document can help in resolving disputes between the parties. Its timely conclusion and fulfillment of the obligations specified in the document makes it possible to avoid litigation in the event of unforeseen circumstances in the relationship between the contractor and the customer.

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