How to write a letter of guarantee for payment sample. How to write a letter of guarantee. Letter of guarantee as acceptance

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

At its core, a letter of guarantee is a document confirming the fulfillment of obligations assumed in the future, such as: payment of a debt, performance of work, provision of services, supply of goods, etc. The debtor can write a letter of guarantee in which he assures that the existing debt within a specified period.

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The guarantee is often used in the pre-trial dispute resolution procedure. When a debt has formed and there are grounds for filing a lawsuit, but with the help of guarantee obligations, there is a so-called deferred payment until a certain period. This tool is enshrined in articles 619, 715, 723, 480 of the Civil Code of the Russian Federation, which give the debtor additional term to eliminate violations of the terms of the contract (for example, terms of payment).

So in what cases is it worth writing a letter of guarantee? This issue is resolved by agreement of the parties. One of the parties without fail has the right to demand to provide them with a guarantee obligation (for example, when the delivery of goods is carried out on credit or not on an advance payment).

In most cases, however, guarantees are nevertheless drawn up in case of violation of the terms for the fulfillment of monetary obligations, when the defaulter, trying to avoid litigation, sends this document to his creditor. Also, in frequent cases, the specified guarantee is written in response to a claim for debt repayment.

For example, the supplier sends a claim to the buyer with a demand to pay the amount of the debt for the delivered goods, indicating that the debtor did not fulfill his obligations within the terms specified in the contract.

The current Russian legislation does not provide for mandatory requirements for the preparation and essence of a letter of guarantee, however, they are of a legal nature.

However, every business person should be able to correctly and skillfully compose these letters.

This article is supposed to consider the features and rules for compiling (executing) a guarantee for paying debts.

Primary requirements

When compiling this guarantee, it is necessary to approach the preparation of its text with full responsibility and seriousness. Its content should be clear and understandable, business language, without slang and jargon. Indicating the terms during which the obligations will be repaid, it is necessary to be aware of their material capabilities. After all, in case of non-performance of the guarantee, you may incur losses in the form of legal costs, pennies, fines.

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

1. Name of the organization, full name of the person - the sender.
2. Details of the sender (TIN, KPP).
3. Legal and actual address of the sender.
4. Name of the organization, full name of the person to whom it is addressed - the recipient of the letter.
5. An indication of the type of circumstances or a statement of the whole essence of the guarantees provided to the addressee, the terms of execution, the amount of the debt (indicated in words and numbers), the debt repayment schedule, the number and date of the contract under which the debt arose.
6. Official seal of the sending company. In the event that the originator of the letter does not have a seal (an individual or individual entrepreneur), only his signature is sufficient.
7. The presence of the signature of the management and the chief accountant.
8. The date the document was created.

When writing a letter, the wording “letter of guarantee” should not, in principle, be found in the text.

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

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.

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 Applications

Sample letter of guarantee for payment of debt

LETTER OF GUARANTEE

By this letter, we undertake to repay the existing debt under the supply agreement by June 15, 2016 non-food items No. 132/TK dated January 20, 2016 for payment for the delivered goods in the amount of 123,466 (one hundred and twenty-three thousand, four hundred and sixty-six) rubles, including VAT. Payment will be made in equal monthly installments:

• until April 15, 2016 - 41,155 rubles.
• until May 14, 2016 - 41,155 rubles.
• until June 15, 2016 - 41,156 rubles.

General Director __________________ /A.N. Ivanov/

Sample #2

PAYMENT LETTER

Due to the heavy financial position at the enterprise due to a delay in financing from the customer, currently your organization has an unforeseen debt under subcontract No. 567/2015 dated November 17, 2015 in the amount of 670,000 (six hundred and seventy thousand) rubles. In turn, we guarantee the repayment of the debt in full by December 30, 2016.

In case of non-payment within the established period, interest will be paid at the rate of 1% of the amount of overdue obligations, for each day of delay.

Director _______________ V. L. Sobolev

Chief Accountant _______________I. V. Pisareva

Sample #3

On May 10, 2014, between our organization and you, a lease agreement for non-residential premises No. 678-56 was concluded. Indeed, according to the act of reconciliation dated June 30, 2015, our organization had a debt to pay rent payments and utilities for June and July 2015 in the amount of 60,000 rubles. In turn, we apologize for the improper fulfillment of our obligations (due to the blocking of the current account tax service) and guarantee to repay all the resulting debt in full by September 30, 2015. We also guarantee in the future not to violate the terms of the agreement concluded between us.

Director ______________/V.I. Ivanov/

And don't take a loss

To convince the counterparty that payments after the delivery of goods, the performance of work or the provision of services will be transferred on time, a letter of guarantee of payment will help.

It is an important element of business correspondence between enterprises and provides a guarantee of payment of debts after the preliminary fulfillment of the obligations of one of the parties to the transaction. This paper is the basis for making a deferral or installment payment agreement, as well as debt restructuring.

A sample letter of guarantee for payment allows you to fix the terms and procedure for calculating the supply of goods, renting premises or other subject of the transaction. In other words, this document represents a way to ensure the fulfillment of financial obligations by a party to a contract. It may be in response to a complaint. To correctly compose a letter, you should adhere to the appropriate design samples and forms.

Letter of guarantee confirms your readiness to fulfill your obligations under the contract.

Depending on the terms of the contract and the obligations assumed, the content of the letter may differ significantly. For example, a sample letter of guarantee for paying rent for a room contains completely different points compared to a similar document for a tax office.

We will analyze how to write a guarantee letter for paying debts and consider a sample of this document for individual items.

How to write a letter of guarantee?

Please review the requirements before filling out the Sample Letter of Guarantee for Payment of Debts. AT large companies there are special instructions for office work, which contain the rules for processing business correspondence.

You have to follow the official business style. This documentation is drawn up on an A4 sheet or on a specially designed letterhead of the enterprise with its name, all necessary details and logo. When writing, you should rely on the rules of office work. Such a document is distinguished by unambiguous wording, transparency and clarity of intentions of the “guarantor”.

Draw up a letter of guarantee for payment of the debt on the letterhead of the organization or put a corner stamp with the company's details already available (name, form of ownership, actual address, etc.).

In order to properly compose a letter of guarantee, you need to follow the rules of office work.

Register this form as outgoing documentation. In the upper right corner, you must specify the details of the recipient (full name of the company, full name and position of the head). If you do not know who specifically deals with finance in the company, address the appeal to the company as a whole.

A sample letter of guarantee for payment for goods contains a request for the supply or performance of services and guarantees timely payment. The text of the document begins with the words: "Please complete", the last paragraph - "We guarantee payment." For a letter that contains only a guarantee of payment of the debt, the beginning will be the following - "Guaranteed payment." In this case, it is necessary to indicate the exact date of fulfillment of the financial obligation.

List the products or services that have become the subject of a bilateral agreement. Indicate the size of the transaction amount not only in numbers, but also in words, as well as the payment term, the amount of penalties and interest that are imposed on the payer in a situation of improper performance of obligations. At the end of the document, be sure to indicate the full name, legal addresses of each of the parties and bank details for transfers.

Submit the form to management for signature. In certain situations, the chief accountant also has the right to sign the letter. Assure their signatures with a seal.

Note!

A letter of guarantee of payment is legally binding if it is correctly executed and the rules of office work are observed. It is mandatory to indicate the full details of the partner parties, the wording “we guarantee payment”, there is a signature of the head and the seal of the organization.

Having filled out a sample letter of guarantee for payment under the contract, it is necessary to follow the rules for handing the document to the counterparty. In case of disputes about the procedure and terms of settlement under the contract, the evidence of delivery will be examined by the court.

How to present a letter of guarantee?

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

1. personally. In this case, the addressee is obliged to sign for receipt of the documentation;
2. via postal service - by registered mail with acknowledgment of receipt;
3. fax;
4. by email.

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).

use a formal style of presentation, do not complicate the sentences - they should be simple and specific;

no need to use adverbial and participial phrases;

phrases should not be vague, long arguments are unacceptable. Otherwise, your recipient will not understand the essence of your requirements or will doubt your guarantees. Sincerity and goodwill will help set up the counterparty to make a positive decision in your favor;

jargon, obsolete, unused words (archaisms) and ambiguous words should not be present in business correspondence;

be literate - write without errors.

A standard sample of a letter of guarantee for payment for services or products is not approved at the legislative level. Therefore, counterparties must adhere to the style adopted for business papers when compiling them.

Sample letter of guarantee for payment

A sample of a correct letter of guarantee for payment of debts should contain clear wording that allows you to determine the term and procedure for fulfilling obligations, as well as the conditions for bringing to responsibility. Therefore, the content of individual items may differ significantly, depending on the subject of the transaction. The content of the document must be clear and understandable, the language must be business-like, without slang and jargon. When prescribing conditions, it is important to be aware of your real possibilities.

Note!

If you fail to fulfill your obligations, you will have to pay penalties and fines.

When filling out a sample letter of guarantee for payment of an invoice, you must specify the following items:

name of the organization, full name of the sender;

details of the sender (TIN, KPP);

legal and actual address of the sender;

name of the organization, full name of the person to whom the letter is addressed - the recipient;

type of circumstances;

the essence of the guarantees provided to the addressee;

deadlines.

At the end put official seal sending company, signature and date of the document.

A letter of guarantee can be drawn up when taking a loan, registering a company with a tax authority, under contracts for the supply, performance of work or provision of services.

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 when registering 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.

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.

Legal meaning of a letter of guarantee

It has a number important functions:

• is a recognition of debt (and this is connected with proving and running the statute of limitations);
• certifies a certain amount of debt of one party to the other, as well as other circumstances;
• confirms the fact of registration of an agreement between counterparties (as evidence).

Note!

A letter of guarantee is considered one of the options for securing obligations and is used not only in business relations legal entities, but also in the interaction of individuals and individual entrepreneurs. In addition to the letter, you can submit a bank guarantee for the entire amount of the debt.

Often, letters of guarantee undertake to perform any actions that do not contradict applicable laws: for example, execution of a contract within a certain time frame, confirmation of some information, fulfillment of obligations undertaken, as well as work, delivery of goods or provision of services.

A well-written letter of guarantee creates a good reputation for your organization and is the key to long-term cooperation with a business partner.

If you have any difficulties with the preparation of this document, we recommend that you contact our lawyers for advice. You can contact a specialist by phone or write to us directly on the site.

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

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

It is allowed to draw up a letter of guarantee in free form, because the current legislation of the Russian Federation does not provide for a unified form for filling out. At the same time, it is necessary to adhere to the business style of writing and follow the rules of the Russian language.

How to write a letter of guarantee on the performance of work correctly

The following information must be included in the letter:

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

The main purpose of this type of document is to confirm the completion of certain work. Basically, the paper is prepared and handed over to the customer before the conclusion of the contract. At the same time, the agreement must indicate the list of services necessary for the implementation and the date of completion of each of them.

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

Types of letters with a guarantee

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

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

• Offer.

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

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

• offer to pay for services after they have been provided;
• offer to perform certain works;
• an offer to order a service.

The document discloses all the detailed terms of cooperation. This is because it replaces a certain part of the contract. Upon receipt of such a letter, the addressee has the right to agree to the conditions specified in it. Such an action is equivalent to the conclusion of an agreement.

• Acceptance.

Situations are allowed in which the letter acts as the second component of the contract. This phenomenon occurs when receiving and accepting the contractual terms sent earlier. For example, a company receives an offer commercial type. The management agrees to the conditions prescribed in it on the basis of advertising.

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

Thus, there are several ways to take on guarantees for the performance of work, one of which is the issuance of a letter of guarantee, its sample is presented below.

We are talking about a non-commercial document that is often used in business correspondence. The essence of the paper is that the sender undertakes to perform some action. In our case, transfer money to the contractor. These funds are usually either used to pay off debt.

A letter of guarantee on payment for services under the contract confirms the existence of a debt, which may be taken into account when considering a dispute in court.

Thanks to such a paper, the participants in the transaction can build a trusting relationship, postpone the payment date without fines and penalties, and prevent delays in the delivery of goods (rendering services, performing work).

When this paper may be needed and how to write a letter of guarantee for payment? As a rule, it is drawn up in the case when the customer cannot transfer money on time for one reason or another. And the reason for compiling such a document may be to the payer or the latter's own initiative.

How to issue

An approved sample of a guaranteed letter of payment for services or goods is not provided for by applicable law. However, it is part of the business document flow, so when it is issued, it is worth considering a few generally accepted rules.

Consider the mandatory provisions that should also be in it:

1. Date and outgoing number.
2. Details of the recipient of the money (name of the company or the name of the citizen, address).
3. FULL NAME. representative of the recipient (for example, the head of the organization).
4. Title of the document (optional).
5. The main text, which guarantees the transfer of the required amount within a specific period.
6. Details of the document on the basis of which the funds will be transferred (invoice, acceptance certificate, etc.).
7. Information about the sender.
8. Full name, position and signatures of the debtor's representatives.

Usually, the paper is drawn up on an A4 sheet on a letterhead, signed by the managers (general director and chief accountant) and sealed.

Signing such a document should not only CEO but also a financially responsible person (for example, Chief Accountant or CFO).

In the main text, among other things, you can briefly indicate the reasons for late payments. If the customer plans to pay the debt in installments, then a schedule should be drawn up.

For greater persuasiveness, the payer can also prescribe, which will be charged to him for each day of delay.

Payment guarantee letter example

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.

Quite often, when concluding real estate contracts, performing various works or the provision of services, the parties discuss the issue of making an advance payment. However, not in all cases, prepayment takes place, for example, due to the lack of Money at one of the sides. In this case, it is advisable to draw up a letter of guarantee stating that payment will be made after, for example, shipment. That is, the preparation of this document allows, by agreement of the parties, to defer payment.

The second option for using such a letter is when a citizen needs to use the services of an organization or an individual, and the possibility of paying for these services in this moment no.

A payment guarantee letter is a document that guarantees payment in the future.

How to write a payment guarantee letter

When drawing up a letter of guarantee for payment, we recommend that you pay attention to the following points:

Don't know your rights?

• in the upper right corner of the document, the name of the organization and the full name of the head (or the full name of the individual) are indicated, then it is written on behalf of whom this letter is being drawn up;
• the text of the letter indicates a request to perform some action - for example, a request to book a boat;
• then the payment term for the action performed by the counterparty is indicated;
• Below is the signature and date of the letter.

The text of the letter should consist of simple and understandable phrases. No need to operate with the norms of the law and write ornate expressions. The simpler the document is written, the better it will be for both parties.

Form of guarantee letter for payment

The legislator does not impose clear requirements on the form of a letter of guarantee for payment.

By general rule it is considered that the document is drawn up in the form in which the main contract was concluded. But, you must admit that in oral form a letter of guarantee will not have the same force as in writing.

Therefore, despite all the promises of the second party, we recommend that you insist on drawing up a guarantee in writing.

If the letter of guarantee is drawn up on behalf of legal entity, then it is, as a rule, written on the letterhead of the organization and certified by the signature of the head (or other authorized person) and the seal of the organization. For individuals you can write on a regular blank sheet of paper.

Thus, a letter of guarantee for payment is a frequent case of confirmation of the obligations of the party to make payment in the future. In order for this document to have legal force and the court to accept it as evidence in the case (in case of an unfavorable outcome), use our recommendations and carefully read the text of the document.