Convincing your partner that payment will be received on time after delivery of products, completion of work or provision of services will help letter of guarantee about payment. It is a type business correspondence between organizations and confirms intentions to pay in the future, after the preliminary fulfillment of obligations by the transaction partner. The letter of guarantee is the basis for including in the contract such a payment condition as deferred payment. Pre-contractual negotiations may end with the preparation of this document.
Before writing a letter of guarantee for payment, read the rules for writing it. Large organizations have special instructions on office work, which contain mandatory requirements for the preparation of business correspondence. There are programs that facilitate office work in an organization and offer a document management system with developed document forms. If you have a small company and do not have local instructions for office work, it is recommended to use general rules GOST R 6.30-2003 “Requirements for the preparation of documents.”
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In the text of the letter, indicate the amount and terms of payment, the subject of the agreement (what product, work or service), bank details and legal addresses of the parties to the transaction. At the end of the text, use the phrase “payment guaranteed.”
A correctly drawn up letter of guarantee for payment and conscientious fulfillment of undertaken obligations will create good reputation your company and will be the key to profitable long-term cooperation with business partners.
A letter of guarantee is an informal document in which one of the parties undertakes to comply with certain conditions or perform certain actions. This may relate to payment, performance of certain works, products or provision of services. It is worth noting that the drafting of this letter can greatly advance the resolution of problems that have arisen and is a kind of guarantee between organizations that the parties will fulfill certain agreed conditions.
The letter of guarantee is intended for the addressee whose interests the sender’s actions are related to. A document is drawn up if one of the parties is not sure of compliance with the terms and conditions of the agreement, and such a letter can be addressed to both legal and to an individual.
Example. The Vesta company forgot to make a payment for Internet services; as a result, the provider disconnected the organization from these services for non-payment. The company provided a letter of guarantee stating that they undertake to repay the debt within 3 banking days, on the basis of this the provider agreed to a meeting and again provided the Internet without payment at that time.
This type of document is drawn up in accordance with certain rules and cannot be written in free form.
The letter of guarantee must necessarily contain the following information, written in the specified sequence:
- Source document number;
- Date of preparation;
- Addressee (full name of the head of the organization or full name of an individual);
- Optionally, indicate the title “Letter of Guarantee” or its subject;
- Text of the letter;
- Bank details of the party sending the document;
- If an agreement was previously concluded, which specifies all actions relating to the subject of the letter of guarantee, the sender can provide a link to this document;
- At the discretion of the letter writer, penalties may be specified that will follow in the event of non-compliance with the terms of the agreement (sanctions, payment of penalties, fines);
- Signature of the person who compiled the document and its transcript.
It is advisable (but not necessary) to draw up a document for or organization; it can also be certified with a seal. Typically, all obligations of the parties are specified in the contract, but a letter of guarantee in some cases can become additional insurance provided by the drafting party.
For example, if an organization has just started its activities and the management has not yet had time to draw up a lease agreement for premises, without which most types of activities are impossible, draw up an official legal contract It won't work between the parties. In this case, the letter of guarantee will become both a confirmation of the transaction and a guarantee of payment (provided that the document is certified by a notary).
Letter of guarantee drafting example
It is worth noting that it is better if the information in the document is specific; in this case, this document will be of greater significance and value. In this case, it is more likely that the organization to which you are writing this document will meet with you.
Ref. No. 190913-1
To the director
LLC "West"
D.B. Egorov
Letter of guarantee
IP Yurovsky, 1115861111121, as the recipient of plastic panels on the basis of purchase and sale agreement No. 14/2015 dated September 30, 2015, concluded with West LLC, this letter guarantees full payment for the products on the day of receipt.
Individual entrepreneur Yurovsky Sergey Viktorovich
Nuances when drawing up
The letter of guarantee has its own characteristics that must be taken into account when drafting. In such a document, it is better not to use long and vague wording that can be interpreted in two ways: under certain circumstances, this may not work in favor of the compiler. In a letter you can and should use the word “guarantee” and its derivatives: “the company guarantees”, “we guarantee”.
Spelling and stylistic errors are unacceptable in the letter: in some cases this may become a reason to invalidate such a document. This happens extremely rarely and looks more like the last opportunity to catch at least some kind of violation in the event that one of the parties is trying with all its might to cancel the obligations. But serious violations of design are indeed a good reason for the letter to become invalid (lack of signatures, details or incorrect date).
As for legal force specifically, the letter of guarantee does not have it until it is certified by a notary. However, in this case, the status of the document will already change: upon official acceptance (written consent of the recipient), it will acquire the force of a contract. Therefore, it is advisable to attach copies of documents to the letter of guarantee, which also need to be certified. These may be copies of contracts, details of the parties, registration certificates and other documentation, the availability of which is considered necessary by the parties.
Agreement for the supply of goods and products → Letter of guarantee. Payment for delivery of goods
20 position, name of the organization to whose address it is addressed letter warranty letter I ask you to deliver the goods in accordance with application No. dated "" 20 payment We guarantee from current account No. in...
Agreement for the provision of services and works → Sample letter of guarantee
sample warranty letters filled out on the organization's letterhead. certified by the company seal, signed by...
Agreement for the provision of services, works → Letter of guarantee (option)
Amp to the director (manager, chief) date, reference number (company name) warranty letter we ask you to fulfill services in the form of (subject of appeal) payment We guarantee from the current account No. bank branch...
Agreement for the provision of services, works → Letter of guarantee for completion of work on site
(to the customer) warranty letter(performer/name of the organization providing the guarantee), ogrn, as the performer of work at the facility located at...
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 repayment of the loan issued by (name of the bank) (name...
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 whom - ...
Leasing agreement, agreement → Letter of guarantee (annex to the international leasing agreement)
warranty letter warranty letter no. issued. (name of the lessor organization) place of issue. (address) 1. in St....
Guarantee agreement → Letter of guarantee for the provision of a legal address to a registered enterprise
to the Moscow Registration Chamber ref. no. branch warranty letter the present warranty letter is a guarantee of the proper fulfillment of undertaken obligations...
Foundation agreements, charters → Letter of guarantee for the provision of the address of non-residential premises for registration of an LLC or any other legal entity
On the owner's letterhead date city warranty letter organization......... which is the owner of a building (non-residential premises...) located at...
Founding agreements, charters → Letter of guarantee for the provision of an address for registration of the company with limited liability(option 2)
At the request of the city "" 201 warranty letter We notify you that the limited liability company "" provides...
Financial statements, Accounting→ Act-receipt for warranty and paid work on repairing 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 company indicating the address, no. telephone act-receipt no. for execution warranty and paid repair work (cross out what is unnecessary) of telephone sets (f., i., o. subscriber) (date of receipt of application...
Founding agreements, charters → 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 agreement, additional letter from the owner for permission to sublease this premises.
Guarantee agreement → Letter of guarantee of the founder providing his home address as the legal address of the enterprise
to (registration authority) from (full name) who is the founder (full name of the enterprise) warranty letter the present warranty letter is a guarantee of the proper fulfillment of my obligations...
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.
The 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. A letter of guarantee may guarantee, for example, payment for the work performed, the timing of the work, the quality of the work, the quality of the goods supplied, the timing of its delivery, payment for the products received, etc. Most often, such guarantees are required if one of the parties does not I am confident that certain agreements will be implemented. These points may form the content of the entire letter or be a component of it. Letters of guarantee are of a distinctly legal 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 payment. In this case, it is mandatory to indicate a reference to the contract or invoice numbers according to which payment must be made. At the same time, the letter of guarantee can be a document for third parties. For example, when registering a legal entity, a letter of guarantee to provide a legal address is sufficient, since concluding an office lease agreement is not possible. A letter of guarantee can also be accepted by a bank as security for a loan. The letter in this case will be a confirmation that the addressee will receive the necessary amount to repay it.
The letter of guarantee is distinguished by clarity, accuracy and unambiguity of wording - since it we're talking about on providing the addressee with guarantees on behalf and on behalf of an organization or official. It necessarily indicates the type of operation, and sometimes the complete 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: “With this letter we guarantee...”. In other cases, the letter of guarantee may contain a statement of the reasons behind the author’s intention to declare his readiness to provide the addressee with certain guarantees. 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 (usually the director of the organization), of the signature of the official who is directly responsible for financial or other monetary matters. If a letter of guarantee is sent as an obligation to pay for a purchase, service provided, etc., then the letter must indicate the bank details of the paying organization.
Typical phrases of a letter of guarantee include the following:
- We guarantee...
- We guarantee that...
- The Partner company guarantees...
- We confirm that we will make payment
- Please send to our address by cash on delivery...
- Payment on time... we guarantee...
- We hereby guarantee...
The rules for issuing a letter of guarantee comply with general rules clearance .
Treaties are of an ancient nature. For a long time, the procedure and amount of payments were essential conditions, without which the contract was not considered concluded. And, in fact, there is profit making the main objective business contract. The reputation of a dishonest payer could haunt the debtor from year to year and repel potential clients and partners from him.
What does the letter guarantee?
IN modern world a good reputation is as valuable to a business executive as it was in ancient times. However, there are different types of defaulters: malicious and forced. The former are gradually becoming the talk of the town in business circles, and knowledgeable businessmen are distancing themselves from them. The latter are hostages of certain unforeseen circumstances, when there is no way to repay the obligation on time. Probably, it is for the second category that a letter of guarantee to the lender can be a worthy way out of the current situation.
The payment guarantee letter sample is primarily a non-commercial business document. It cannot be presented for payment and funds cannot be written off using it. The letter merely emphasizes the goodwill of the debtor and his readiness to fulfill the agreements as soon as possible.
The letter guarantees that the counterparty is friendly, aware of its delay, but cannot fulfill the agreement on time for reasons beyond its control, and often due to force majeure.
When is a letter of guarantee required?
The law does not establish when it is necessary to draw up such a document, because a letter of guarantee does not have the force of a transaction. A transaction always creates or terminates obligations or rights, and a letter of guarantee is only informational and diplomatic in nature.
When it is necessary and when it is not necessary to draw up a letter of guarantee, the parties decide by agreement between themselves. It's probably worth writing such a commitment when your partner insists on it. Also, the debtor may try to persuade the counterparty to delay the trial by guaranteeing him payment of the debt with an installment schedule attached.
The lender should clearly understand several points:
- Having received a letter of guarantee from the debtor in your hands, you do not at all ensure the collection of the debt in the future, because the provided document has no legal force and can be considered in court only as one of the indirect evidence of the existence of a debt;
- No bank will accept a letter of guarantee for payment - this is not an order from the owner to write off funds, but only a promise to pay them in the future.
It is also advisable for the debtor to consider the following:
- The receipt by your addressee of a letter of guarantee and even a favorable response to it does not deprive the creditor of the opportunity to still go to court. So don’t be surprised if you receive a agenda for a meeting.
- Even if you find yourself in a difficult financial situation, try to fulfill your guarantee promises on time - take care of your reputation. It is unlikely that they will believe you again.
How to write a letter of guarantee
A sample payment guarantee letter can be found in business documentation reference books and business communication manuals. Not only a legally savvy professional can draw up such a document, but also a talented entrepreneur or manager who wants to maintain a relationship with a business partner and resolve the issue without bringing the matter to court.
The payment guarantee letter form is free and must be filled out depending on the specific needs of the sender. As in any business document, there are integral details and phrases.
Sample letter of guarantee for payment of services
Next, let's talk specifically about the document itself. A letter of guarantee for payment of debt, a sample of which will be discussed below, is one example of such a document. It is quite suitable for developing letters of guarantee in other areas.
Chairman of the Board
JSC "Vikhr"
Vetrov A. A.
st. Skobarya, 61,
Tmutarakansk.
Dear Alexander Alexandrovich!
An agreement for consulting services was concluded between our companies on October 31, 2011, which was renewed annually and promptly executed by our parties.
However, due to circumstances beyond our control, we cannot make payment for services provided by your party in March and April 2015 on a timely basis. To confirm this, we are sending you copies of court decisions and bailiff orders to recover damages in favor of a third party.
We guarantee repayment of the debt until 06/01/15, of which we will notify you immediately.
We hope for your understanding and for further fruitful cooperation.
Attachment: a copy of the court decision on debt collection;
a copy of the bailiff's order to seize the bank account.
Sincerely,
Director of the private enterprise "Chukh"
Laptev V.V.
Is the letter of guarantee part of the contract?
As already mentioned, a letter of guarantee is not a transaction, but rather a unilateral confirmation of intentions to pay the debt in the future. The sample payment guarantee letter gave us a fairly clear idea of the sound and direction of this document.
A special clause in a letter of guarantee will also not turn it into a part of the contract, binding on both parties, because a contract is always a multilateral transaction, agreed upon by everyone, signed and sealed. A letter of guarantee is an act of goodwill: the counterparty may accept it or may ignore it.
Required details
The letter of guarantee is drawn up according to the template of business documents and must be solid, thoughtful and justified. A sample payment guarantee letter is drawn up on company letterhead and contains the following sections:
- “hat” indicating the position, surname and initials of the head of the recipient company;
- the location of the company to which the letter is addressed;
- then come the date and outgoing registration number of the letter of guarantee - the number will add solidity and reliability;
- This is followed by a statement of the situation with reference to the agreement under which the debt arose, indicating the reasons for the delay and defining clear deadlines for repaying the debt;
- if there are documents confirming the above, you can attach certified copies of them to the letter;
- if there are attachments, they are indicated in a list before the signature;
- After drawing up the letter, it is signed by the first person of the company or his authorized deputy. In this case, “with respect” is written by hand;
- It is advisable, after the manager’s signature, to indicate the surname and telephone number of the performer, with whom, if necessary, you can contact and clarify controversial issues.
That's it, the letter of guarantee is ready!
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