Letter of guarantee for damages. How to write a letter of guarantee? We confirm the provision of a legal address

Contract for the supply of goods, products → Letter of guarantee. Payment for the delivery of goods

20 y. position, name of organization addressed to letter warranty letter I ask you to deliver the goods, according to the application No. from "" 20 payment we guarantee from current account number in...

A payment guarantee letter is a document in which one of the parties to the transaction confirms its intention to pay (in the near future) for the goods or services received. Simply put, such a letter is a way to secure financial obligations. Not the most reliable, but popular and quite effective.

In what cases should you write?

The most common scenario: an entrepreneur needs to urgently purchase a new batch of goods or use some kind of service, but the financial situation does not allow paying immediately. It doesn't matter - you can ask the counterparty for a delay. If he agrees, the businessman will simply write a letter of guarantee for him. This is a common practice in cases where both parties have been successfully cooperating for a long time (and, accordingly, are confident in each other's decency).

Very often, a letter of guarantee becomes a response to a letter of claim. Let's say you ordered a product or service from a seller (performer), but there were problems with payment. Naturally, the seller will send you a claim demanding payment as soon as possible. Unpleasant situation. But what if you can’t give money right now? That's right, write a letter of guarantee. Even if your counterparty prefers real money to any messages, he will certainly be satisfied at first with this letter (and at least not go to court right away).

Registration

The law does not say unequivocally how to write a guarantee letter for payment, and there is no special form for such messages. If the guarantee is drawn up on behalf of a legal entity, then it must be written on company letterhead. In this case, the head, in addition to his signature, will also have to put a seal. But individual entrepreneurs (and individuals, that is, ordinary citizens) can draw up this document on a regular sheet of paper.

The list of required details looks like this:

• the number of the outgoing letter and the date of its compilation;
• information about the sender (name of the company, full name of the entrepreneur);
• information about the recipient - the name of the organization (full, not abbreviated) and the full name of its head, for whom the guarantee is intended;
• title - here you can simply indicate the subject of the message, the title "Letter of Guarantee" is usually not written.

Instead of writing information about the sender manually, you can put the company's stamp (if any).

What to write in the text?

The text of the letter usually consists of four short parts:

• first, the entrepreneur indicates what financial obligations he undertakes to fulfill;
• then follows the mention of the period during which he plans to do this (specific or approximate);
• bank details are mandatory - the number of the account from which the payment will be made;
• finally, penalties are mentioned in case of violation of the obligations assumed by the entrepreneur (this item is not mandatory, it is not always included in the text of the guarantee).

The following formulaic wording and introductory phrases can be used in the text:

• We guarantee;
• We guarantee by this letter;
• The LLC "So-and-so" company guarantees;
• We guarantee timely payment in full;
• We hereby guarantee.

An important point: if you are the head of a company (that is, a full-fledged legal entity), then it is desirable that your chief accountant also sign the letter of guarantee. If you are an individual entrepreneur, then put only your signature.

When preparing and writing a letter of guarantee for payment, consider a few recommendations.

1. Write the text in simple, clear, concise phrases. The simpler the document is written, the better - so it is guaranteed that there will not be any unclear provisions that allow for double interpretation.
2. If you have to compose letters of guarantee often, create a unified template for yourself so that you do not have to rewrite the message from scratch every time.
3. If desired, a letter of guarantee can be issued in more detail than indicated in the diagram above. No one forbids you to write as specifically as possible on which days you are going to pay, at what time intervals, why, etc. But do not overdo it - the text should fit on one sheet.
4. Always include your checking account. The recipient must know “where” exactly the payment will come from.
5. Additional documents can be attached to the letter, if required by the counterparty. This can be a Certificate of state registration of your company (or individual entrepreneur), an extract from the Unified State Register of Legal Entities, an order to appoint a general director, etc. You do not need to apply any of this on your own initiative.

It is worth saying more about the clause about liability for violation of payment terms. In fact, letters of guarantee are IOUs. Accordingly, they should indicate liability for non-payment and delay (at least in theory). To this end, indicate in a separate line the procedure for calculating "penalty" interest for each day of delay.

However, this clause is not always used. Sometimes the leader forgets about it unintentionally (it is not mandatory), sometimes - intentionally (because no one wants to voluntarily increase the burden of their responsibility). It happens that the other side believes in the integrity of the entrepreneur and does not want to overshadow cooperation by scrupulously prescribing interest, fines and other "usurious chips". You need to understand two things:

• even if it is not mentioned separately, it is possible to collect interest for delay (according to Article 395 of the Civil Code);
• but you won’t be able to get much - the amount of the fine is limited to 0.3 percent for one day of delay.

In addition, without a clause on the procedure for calculating penalties, even these 0.3 percent simply cannot be obtained - the second party will have to go to court and prove for a long time that this case falls under the provision for additional payment for the use of other people's money.

In a word, if you do not write, but receive a guarantee letter of payment, immediately prepare a sample for the counterparty, which will include a clause on debt collection (see sample below). If you are writing the letter yourself, try to delicately omit this part. This is not entirely correct from a business point of view, but why do you need extra (albeit unlikely) problems?

Compilation example

A classic letter of guarantee looks something like this (we provide only the text, without details):

“We ask you to send us another batch of products in accordance with application No. 1753 dated July 20, 2015.

We hereby guarantee that payment in the amount of 30,000 (thirty thousand) rubles will be made by us before September 1, 2015.

In case of non-payment in the prescribed amount within the established period, this letter of guarantee should be considered as confirmation of the fact that our company has received a commercial loan for the amount of the supplied products. In this case, for each day of delay in payment, an additional amount of 1% of the amount of overdue obligations will be charged.

Our bank details:

OJSC JSCB "Uralsib", St. Petersburg.

r / s No. such and such.

Download a sample letter of guarantee for payment.

As you can see, everything is quite simple. The most important issue is related to the delay, and now you know how best to solve it. And remember - a letter of guarantee does not create one hundred percent legal guarantees for the fulfillment of obligations. This is just an analogue of an IOU, nothing more.

Business correspondence includes many important elements, one of which is letters of guarantee. They are indispensable in any kind of business relations, including commodity-money exchange. In view of this, such letters have become widespread and are used everywhere.

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Considering such letters from a legal point of view, we can conclude that they are documents that reliably confirm the fulfillment of various obligations assumed by one of the parties. The role of them can be debt payment, various services, transportation of various goods, and so on.

In the event of a debt, the borrower can use a letter of guarantee to pay the debt as an assurance to the lender that the existing financial obligations will be repaid soon.

Such guarantees are often used in the course of pre-trial settlement of various disputes and claims, which avoids wasting time and money on litigation. If the plaintiff has grounds for filing an application, such a letter can be used as a document deferred payment.

Such an opportunity is enshrined in several articles of the Civil Code at once, namely in, as well as in, which refers to the admissibility of using this document to obtain a deferral for the complete elimination of possible violations of obligations under the contract.

In what cases is it appropriate to write such a letter? As practice shows, its use is possible only subject to the agreement of both parties to the contract. At the same time, one of the parties has the right to demand the provision of guarantees for the fulfillment of obligations, which is especially important in the case of commodity exchange performed with borrowed funds.

But much more often one can observe the preparation of such guarantees in cases where it is a question of violation of the terms established by the contract for the fulfillment of previously assumed monetary obligations. The borrower, being unable to pay the debt at the present time, sends the creditor a letter guaranteeing the performance of its obligations in the future.

Such a letter may be a response to a claim regarding debt repayment.

Requirements

Quite stringent requirements are imposed on such documents, and their preparation should be approached as seriously as possible. The content of the letter should be completely understandable to the addressee, the style of speech must be business-like, without the use of jargon. When specifying specific deadlines, they must be commensurate with future opportunities, as their failure to comply is fraught with litigation.

In addition to the text of the letter itself, it must contain the necessary details, namely:

• The name of the company, as well as the name of the sender of the letter.
• TIN and KPP of the sender.
• Sender's address, both actual and legal.
• Full name of the company, as well as the full name of the addressee.
• A statement of the guarantees provided to the recipient of the letter, as well as an indication of the circumstances and terms in which the specified amount of the debt will be repaid. It would be useful to indicate the repayment schedule, as well as the date of the contract under which the obligations are not fulfilled.
• Signature or official seal (if any) of the sender.
• Signatures of the accountant and the date of the letter.

In addition to the above points, the letter may contain a list of possible fines and sanctions that will be sent to the sender in case of non-fulfillment of warranty obligations. This will give the letter additional weight in the eyes of the recipient. When drafting a letter, it is important to take into account the fact that it can be used in legal proceedings as evidence of default.

What is used

There are a number of standard expressions that allow you to describe as briefly and accurately as possible all the circumstances and requests that you plan to indicate in the letter. For convenience, you can use the table below, which contains the most typical patterns of speech used in such documents.

Sample letter of guarantee for payment of debt from 2017

In some situations, it may be convenient to use a sample debt payment guarantee letter to write your own letter with specific details. This will help not only save precious time, but also prevent serious mistakes in the process of writing such an important letter.

It is important to note that such a document is drawn up either on the company's letterhead or on a standard A4 sheet indicating the necessary information and details.

General Director of Smirna LLC
Nikolaev D.V.
From the director of CJSC "Montazh Limited"
Karaseva P.P.
Tel. 84953788017

Letter of guarantee

Smirna LLC guarantees to pay the resulting debt for the received goods - fittings in the amount of 127134 rubles by December 23, 2020 in accordance with the terms of the main contract No. 65 of October 29, 2020 to a single personal account 1619489777.
In case of non-compliance with the obligations to pay the specified amount within the established time limits, OJSC Smirna will be obliged to pay a fine in the amount of 2% of the total amount of accumulated debt for each week of delay in payments.
02.11.2015
Head of the company ___________ Karasev P.P.

Chief Accountant * ___________ Ermolenko A.B.

(signature) (signature transcript)

Legal force

A letter of guarantee has a number of legal features, for example:

• such a letter is a recognition of the debt for the sender;
• is a confirmation of the amount of the resulting debt, as well as a number of other circumstances;
• is proof of a contract between the two parties.

Such letters can be seen as a fairly reliable means of guaranteeing the fulfillment of obligations, and therefore their use is not limited to the interaction of legal entities. The use of such letters is quite acceptable within the framework of an agreement between an individual entrepreneur and an individual and is a reliable confirmation and recognition of the details of the transaction and the fulfillment of obligations in the future.

It is worth considering that letters of guarantee can be used in any cases where the obligations do not contradict applicable laws.

An important feature is the fact that the Civil Code does not contain the concept of a letter of guarantee, which gives reason to consider such a document as a measure of mental influence on one of the parties to the agreement, rather than an official confirmation. However, such a document can be successfully used during the trial as evidence.

However, this does not mean that a letter of guarantee does not have any legal force at all, because, as practice shows, it depends solely on its content and compliance with the rules of registration. This document must be in the form of an agreement, for which it is advisable to refer to articles 435-443 of the Civil Code.

It should be borne in mind that the judicial practice in relation to letters of guarantee is completely different, individual in each case. The perception of a letter is influenced by the style and content of the document, the positions of the parties and many other factors, and therefore it is at least unreasonable to consider such a document as a reliable guarantor.

1. Act-receipt for performance warranty and paid works telephone repair. Form No. tf-2-22 ( letter Ministry of Finance of the Russian Federation of February 22, 1994 No. 16-36)

   Accounting reports, accounting → Certificate of receipt for the performance of warranty and paid work on the repair of telephone sets. Form No. tf-2-22 (letter of the Ministry of Finance of the Russian Federation dated February 22, 1994 No. 16-36)

   6 form no. tf-2/22 stamp of the communication enterprise with the address, no. telephone act-receipt no. on the performance warranty and paid works for the repair (cross out the unnecessary) of telephone sets (f., i., o. of the subscriber) (date of receipt of the application ...

2. Warranty letter to complete works on the object

   Contract for the provision of services, works → Letter of guarantee for the completion of work at the facility

   (to the customer) warranty letter(executor/name of the organization giving the guarantee), OGRN, as an executor works at the facility located at...

3. Sample warranty letters

   Contract for the provision of services, works → Sample letter of guarantee

   sample warranty letters completed on company letterhead. certified by a company seal, signature of the head and ...

4. Warranty letter. Payment for the delivery of goods

   Contract for the supply of goods, products → Letter of guarantee. Payment for the delivery of goods

   20 y. position, name of organization addressed to letter warranty letter I ask you to deliver the goods, according to the application No. dated "" 20, we guarantee payment from the current account No. in ...

5. Warranty letter(option)

   Agreement for the provision of services, works → Letter of guarantee (option)

   Amp to the director (manager, head) date, reference number (name of the enterprise) warranty letter we ask you to perform services in the form (subject of appeal) we guarantee payment from the current account No.

6. Warranty letter(the form)

   Debt, loan agreement → Letter of guarantee (form)

   on the letterhead of the guarantor organization, the name of the bank (or corner stamp, date, reference number) warranty letter(name of the guarantor organization) guarantees the repayment of the loan issued by (name of the bank) (name ...

7. Warranty letter

   Debt, loan agreement → Letter of guarantee

   warranty letter(on the letterhead of the guarantor organization) we guarantee the repayment of loans issued and to be issued (to ...

8. Warranty letter(annex to the international leasing agreement)

   Leasing agreement, agreement → Letter of guarantee (annex to the international leasing agreement)

   warranty letter warranty letter no. issued. (name of the organization-lessor) place of issue. (address) 1. in St...

9. Warranty letter on granting a legal address to a registered enterprise

   Guarantee agreement → Letter of guarantee on the provision of a legal address to the registered enterprise

   to the Moscow registration chamber ref. no. branch warranty letter the present warranty letter is a guarantee of the proper fulfillment of the obligations assumed ...

10. Warranty letter to provide the address of non-residential premises for the registration of an LLC or any other legal entity

    Articles of incorporation, charters → Letter of guarantee for the provision of the address of non-residential premises for the registration of an LLC or any other legal entity

    On the letterhead of the owner date city warranty letter organization .......... which is the owner of the building (non-residential premises ...), located at the address ...

11. Warranty letter to provide an address for registration of a limited liability company (option 2)

    Memorandum of association, articles of association → Letter of guarantee for the provision of an address for registration of a limited liability company (option 2)

    At the request of the city "" 201 warranty letter we inform you that the limited liability company "" provides ...

12. acceptance certificate works, completed fulfillment certain work. Form N T-73

    Documents of office work of the enterprise → Act on the acceptance of work performed under a fixed-term employment contract concluded for the duration of a certain work. Form N T-73

    Private signature) (decryption of the signature) on admission works, completed under a fixed-term employment contract concluded for a while fulfillment certain work ...

13. Warranty letter to provide an address for registration of a Limited Liability Company (option 1)

    Memorandum of association, articles of association → Letter of guarantee for the provision of an address for registration of a Limited Liability Company (option 1)

    Permission to sublease without additional approvals or, if such a clause is not found in the contract, an additional letter from the owner for permission to sublease this premises.

14. Warranty letter the founder providing his home address as the legal address of the enterprise

    Guarantee agreement → Letter of guarantee from the founder providing his home address as the legal address of the enterprise

    to (registration authority) from (full name) who is the founder of (full name of the enterprise) warranty letter the present warranty letter is a guarantee of the proper fulfillment of the obligations assumed by me ...

15. Sample. Order (instruction) on admission to work. Form No. t-1 ( letter State Tax Service of the Russian Federation dated 10.20.95 No. pv-4-17-69n)

    Employment contract, contract → Sample. Order (instruction) on employment. Form No. t-1 (letter of the State Tax Service of the Russian Federation dated 10.20.95 No. pv-4-17-69n)

    Approved by the Decree of the State Statistics Committee of Russia no. +-+ form code +-+ order (instruction) on admission to work(last name, first name, patronymic) +-+ date +- credit to work from +- to +-+ (with a trial period...

Warranty letter on payment for the goods- a document by which a legal or natural person assumes certain obligations to ensure mandatory payment for goods or services. As a rule, a letter of guarantee is written in response to a letter of claim from the supplier about non-payment for the delivered goods.

The customer or the buyer writes it, where he asks the supplier to deliver the goods, while indicating the amount and guarantees of payment for the goods or services within the period specified in the letter. The letter of guarantee is signed by the head of the buyer's company, an accountant, after which the document is sent to the supplier's organization. The letter serves as a guarantee that all material assets will be paid on time. If necessary, the document can be used as evidence in court proceedings if it is drawn up in accordance with applicable law.

How to write a letter of guarantee for payment for goods

Let us consider in more detail the aspects when issuing a letter of guarantee. When compiling a document, you can use both the letterhead of the organization and a simple A4 sheet. In the upper right corner, the details of the addressee are indicated: the name of the supplier, position, full name of the head of the supplier company.

A completed letter of guarantee is registered in the journal of outgoing documentation, it is assigned an outgoing registration number, which is written in the left corner of the document.

The letter of guarantee must contain the following items:

• the name of the document, the date of the letter, the number of the application for the request to deliver the goods;
• indicates the amount to be paid;
• date of payment for the goods or payment schedule;
• indication of the method of payment, writing a bank account (C/C, current account) and details (TIN, KPP, OKPO) of the organization;
• the type of liability for failure to fulfill the obligation is determined: pennies, fines, etc.;
• signed by the head of the organization, the document is certified by the seal of the organization.

If the letter of guarantee is written correctly, then in case of late payment, the supplier may apply to the judicial authorities to recover the debt.