Form for filling out a letter of guarantee. Form and examples. Letter confirming the tenant's intentions

LETTER OF GUARANTEE

STK-Lab LLC (hereinafter referred to as the "Lessor") hereby guarantees the provision of an office space with a total area of ___ sq. m. according to the text of OOO "Vasilek") Address of the provided premises: 124482, Moscow, Takaya-to street, 1, office 17.

Upon passing state registration of Vasilek LLC, a lease agreement for office space located at the above address will be concluded with the company.

The landlord guarantees that the premises belong to him legally and can be freely leased out without violating anyone's interests, as well as the legislation of the Russian Federation.

A copy of the certificate of state registration of ownership of the premises series ___ No. __________ dated dd.mm.yyyy on 1 sheet is attached.

Note: The letter is prepared on the Landlord's letterhead. The details of the Lessor must contain contacts by which employees of the registration authority can contact the Lessor and double-check the information specified in the letter.

Financial relations between individuals or legal entities are supported by relevant documents.

The main thing is the contract, which spells out the rights and obligations of the parties. If one of them cannot fulfill financial obligations, a letter of guarantee is written to pay the debt.

Document Functions

This document is necessary for the pre-trial settlement of financial disputes. The basis for its formation are certain articles of the Civil Code of the Russian Federation - 619, 715, 723 and 480. The choice depends on the specific case and type of monetary obligations. However, this practically does not affect the form and partially affects the content. In the latter case, it is recommended to provide a link to a legislative document in order to increase the chances of a positive response from the other side.

The letter of guarantee performs the following functions:

notifies the creditor or provider of services (goods) of temporary financial difficulties;
serves as a basis for revising the debt repayment schedule;
included in the package of documents for pre-trial settlement of disputes;
reinforces the intention of one of the parties to the contract to pay off accounts payable

A letter of guarantee can be drawn up on behalf of an individual or organization. It does not matter whether such a possibility is provided for by the contract or not. The determining factor is the freedom of expression of the will of the debtor.

In the process of negotiations, the content of the document may change if the initial conditions do not suit the creditor.

Previous versions do not lose their legal force and can be used as evidence during the trial.

Is it necessary or not?

This document can express the intentions of one of the parties to the contract, regardless of the type of commodity-money relations. A letter of guarantee is drawn up in two cases. The first one is that the borrower has not yet overdue payments, but the financial situation will not allow fulfilling obligations in the future. The second case - the debt has already been formed, the schedule for its repayment differs from that specified in the contract.

The following factors are the basis for writing a letter of guarantee:

all types of loans: consumer, targeted, monetary;
late payment for goods or services.

The date of drawing up the document should not be earlier than the signing of the contract between the parties. The letter must contain references to the clauses of the agreement. Also, you cannot present a new repayment schedule if the amount of the debt or the methods of its calculation are controversial. To solve this problem, another type of letters is provided - claim letters. They differ in content and legal force.

Within the framework of the current legislation, there are no strict rules for filling out a letter of guarantee. But besides them, there are unspoken recommendations on document management. If you draw up a document in accordance with these rules, there will be no ambiguity in the wording, there will be no ambiguities when reading the content.

It is necessary to justify the reason for the delay in payment, and as a result, the formation of debt. If these are third-party circumstances, supporting documents are attached.
Accurately describe the proposed debt repayment schedule, take into account the difference with the original plan specified in the contract.
Indicate the clauses of the contract that are violated as a result of the delay.
It is recommended to use references to regulatory documents if the content of the contract falls under their scope.
Brief presentation of thought, using business turnover and wording. Jargon and similar phrases are not allowed.

Sample letter of guarantee for payment of debt

For specifics, you need to familiarize yourself with the sample document. Its content will vary on a case-by-case basis. Within the framework of one contract, several guarantee letters for payment of debts can be drawn up, with a difference in wording depending on the circumstances and factors.

A typical sample should contain the following sections:

Destination. It indicates the full name of the creditor, his address. For the organization, you need to specify the head to whom the letter is sent - full name and position.
Compiled. It can only be a private or legal person with whom the contract is concluded. Third parties are not authorized to draw up such documents.
Main content. Here it should be indicated that the credited person undertakes to repay the formed debt within the framework of current contract. The exact amount is indicated. Additionally, you can paint the exact payment schedule.
Penalties. The item is optional, but recommended. It signs the amount of the accrued penalty to the total amount if the applicant does not fulfill the obligations assumed.
Signature of the responsible person, his full name and the date of the formation of the application.

After checking the content, the document is sent to the creditor. It is important that a responsible manager or an employee with the proper level of authority familiarizes himself with it. Most often it is Chief Accountant organizations.

How to compose text correctly

Often the problem in rejecting a letter of guarantee lies in incorrect or ambiguous wording. Therefore, often for its compilation resort to the services of professional lawyers or hired accountants. This is true if the terms of the payment agreement were violated for the first time. For regular partners, the letter is only a guarantee in nature - a brief content is allowed.

To make an application, the text must contain one of the following expressions and phrases:

We guarantee full and timely payment. It is used to confirm obligations and the date (schedule) of debt repayment.
Due to the unfavorable economic situation (circumstances). The reasons for deferred payments are specified.
Due to special circumstances. Indicated for force majeure. In this case, the details can not be deciphered. But it all depends on the degree of trust between partners.

The circumstances of the delay should be explained as simply as possible, but at the same time detailed. The creditor should have no doubts about the observance of earlier agreements. If additional documents are attached to the application, they must be referenced in the content. These can be statements from the company's accounts, information about the occurrence of force majeure circumstances.

Letter with payment schedule

If the amount of debt is large or the terms of the agreement imply payment in several stages, a payment schedule is drawn up. It is attached to the letter of guarantee and is the basis for the intentions of the creditor to repay the debt. When preparing an application with a payment schedule, you should carefully analyze the possibility of making the required amounts on the specified dates.

When drawing up a schedule, the following factors should be considered:

The chart is a separate application. It should be referenced in the body of the document.
The date of the formation and sending of the payment is indicated. It may differ from the time of receipt of funds to the current account of the creditor. The difference is from 3 hours to several days.
Consider obligatory observance of repayment. The required amount must be prepared in advance so that a new delay does not form.
In the purpose of payment, the number of the contract and the phrase "According to the letter of guarantee" are written. Penalty payments can be made separately or taken into account in the total amount. This should also be indicated in the purpose of payment.

Additionally, you can specify the bank details of the account from which the cash. It is important that the lender sees the payment in a timely manner, the time of receipt of which corresponds to the previously received letter of guarantee and schedule.

Legal force of the document

This type of document does not have any specific legal effect. The current Civil Code does not contain articles describing a letter of guarantee, requirements for its preparation and detailed recommendations and actions. But this does not mean that the application is useless - if properly drawn up, it can become the basis for deferred payment.

A letter of guarantee for payment of a debt has the following advantages:

Confirms the recognition of the amount of debt. By this, the sender does not renounce the obligations assumed in the contract, but only wants to change them to solve temporary financial difficulties.
May prevent the commencement of litigation for debt collection. The practice of pre-trial settlement in compliance with the laws shows that this method of resolving conflict situations is beneficial to all parties.
For a creditor, a letter of guarantee can become one of the evidence of non-compliance with the conditions if the case goes to court.

The actual validity of the document does not begin from the moment it is provided by the other party, but by formal agreement with the terms of the delay. To do this, it is recommended to make adjustments to the previously signed agreement or make an annex to it. In this case, the original remains with the creditor, and a copy with a mark of receipt - with the debtor. A similar measure is needed for the same information in the package of documents for both parties.

Transfer and possible reasons for refusal

As such, there is no clear procedure for transferring the application to the other party. Typically, letters of guarantee are given to the administrator of the organization or authorized representative. But this may lead to the lack of information from the manager about the receipt of the document.

Based on the experience of transmitting such applications, it is recommended to perform the following actions:

the document is given to the head or chief accountant;
you need to make a copy of the letter of guarantee, on which the date of receipt by the creditor, wet seal, full name and signature of the recipient is put;
if the transfer is carried out through the secretary, the head (chief accountant) is informed in telephone conversation or by email;
it is desirable to duplicate the letter by fax and e-mail.

Confirmation of receipt and agreement with the terms of the application - the creditor's resolution on the document. AT rare cases a response letter is generated.

Only disagreement with the amount of the debt or the schedule of its repayment can serve as a refusal for such applications.. But this needs to be discussed in advance to avoid unnecessary paperwork. During negotiations, general agreements are reached, which are then written in a letter of guarantee.

How to write a letter of guarantee for payment of a debt? What does a sample letter of guarantee for payment for goods, works and services look like?

When there is no absolute certainty that the contractor, buyer or customer will fulfill their promises, and verbal guarantees are not enough for you, you can demand a letter of guarantee containing written guarantees of performance of obligations, confirmed by signature and seal.

How to write a payment guarantee letter: sample writing

Most often, letters of guarantee are drawn up if it is necessary to guarantee the fulfillment of obligations to pay for goods and services. A letter of guarantee for payment helps to reach an agreement with the supplier, in other words, to recognize the debtor for payment arrears.

To correctly write a letter of guarantee, you must adhere to the official business style. This document is drawn up on a sheet of A4 format, or, if available, on a specially designed letterhead of the organization, with its name, logo and all the necessary details. When writing a letter, you should follow the general rules business correspondence and business standards. A letter of guarantee should be distinguished by unambiguous wording, transparency and clarity of intentions of the “guarantor”.

A letter of guarantee drawn up by a legal entity must contain the following information:

Standard details business letter, the date of the document and the outgoing number.
The amount of the amount to be paid;
Details of the main document - the grounds for the occurrence of debt (agreement, invoices, acts of acceptance and transfer);
Terms (date) of payment;
Bank details of the debtor;
The amount of fines and penalties that are imposed on the payer in the event of improper performance obligations;
Any other information relevant to the parties to the transaction.

The document is “sealed” with the personal signature of the compiler and the corporate seal of the organization. Unlike other types of letters of guarantee, the letter of payment is also signed by the chief accountant, if there is an appropriate unit in the state.

Guarantee letter sample on payment for goods: sample letter

Let us give an example (sample) of a letter of guarantee from a legal entity to a legal entity.

The letter of guarantee is drawn up on company letterhead (if available), and an outgoing number is assigned to it.

General Director of NIKO LLC
Prosvirova E.N.
From the director of OAO Metallurg
Ezhova P.P.
Tel. 89634567843

Letter of guarantee

OJSC Metallurg guarantees to pay the debt for the received goods - bearings in the amount of 125644 rubles by December 23, 2018 in accordance with the terms of the main contract No. 65 of September 12, 2019 to a single personal account 1667877777.
In case of non-compliance with the obligation to pay the specified amount in due time, OJSC Metallurg will be obliged to pay penalties in the amount of 1% of the amount of the debt for each day of delay in payment.
02.11.2019
Head of the enterprise ___________ Ezhov P.P.

Chief Accountant * ___________ Anisimova A.V.

(signature) (signature transcript)

* if there is no chief accountant at the enterprise, it can be noted: we inform you that there is no position of chief accountant in (company name).

Sample letter of guarantee for payment for services and works

Let's give an example of writing a letter of guarantee from an individual to an organization.

Director of Shield and Sword LLC
Ivanchenko Ilya Mikhailovich
from Petrenko Vladimir Vladimirovich,
residing at:
Volgograd, st. Gafuri, d. 15 apt. thirteen.
Contact phone: +7 555555555

I, Petrenko Vladimir Vladimirovich, undertake to pay for the work performed by Shield and Sword LLC, in accordance with the contract for the provision of services dated April 18, 2018 No. 2 in the amount of 18,600 (eighteen thousand six hundred) rubles until July 19, 2018.

Painting (Petrenko V.V.)

You can download a sample letter of guarantee for payment for services on the Internet or simply copy the text from this page.

A letter of guarantee to pay for work is written similarly to a letter of service.

Letter of guarantee, sample on the performance of work

This letter usually confirms the intention to perform work under the contract in certain period.

Director of StroyTechGazprom LLC
Semenyuk to Stepan Sergeevich
from MontazhNaladka LLC
Moscow, st. Kovalevskoy, d. 15 apt. thirteen.

MontazhNaladka LLC guarantees the performance of the work stipulated by the contract 25/15 dated April 21, 2019, concluded between MontazhNaladka LLC and StroyTechGazprom LLC until October 24, 2018.

Painting (Petrenko V.V.)

Legal meaning of a letter of guarantee

What is the legal significance of a letter of guarantee?

The letter of guarantee has a number of main tasks:

is a recognition of debt (and this is connected, among other things, with proving and running the statute of limitations);
confirms a certain amount of debt of one counterparty to another, as well as other circumstances;
can confirm the fact of the conclusion of an agreement between counterparties (as evidence).

This document can be considered one of the options for securing obligations and is used not only in business relations of legal entities, but also in the course of interaction between citizens and individual entrepreneurs(individuals). Being one of the types of business correspondence documents, a letter of guarantee contains a written confirmation by one of the parties to the transaction of the fulfillment of certain conditions or actions in the future.

Often, letters of guarantee guarantee the fulfillment of any obligations that do not contradict the current legislation: for example, the conclusion of an agreement within a certain period, confirmation of any information, for example, about the organization’s current account, fulfillment of obligations, works, provision of services or delivery of products.

Legal force of the letter of guarantee

The Civil Code of the Russian Federation does not contain legislative norms regulating the concept of a "letter of guarantee", therefore this document, rather, is not so much an official confirmation of the fulfillment of obligations, but a measure psychological impact on the counterparty, reflecting the seriousness of intentions, and also serves as evidence in court.

But does this mean that the letter of guarantee has no legal force? Based on the legal practice that has developed in the Russian Federation, it can be concluded that the legal force of such a document directly depends on its content and correct execution. To give the letter the force of a contract, it is worth referring to articles 435-443 of the Civil Code of the Russian Federation. If, for example, the supplier intends to deliver goods or provide a service, he can send a letter of guarantee to the customer with a proposal for the forthcoming delivery (offer), and if the customer gives a positive response to this proposal (acceptance) in writing, such documents can be considered in as evidence of contractual obligations that are legally binding in the event of litigation. The main thing is that the offer contains essential conditions for the provision of services, performance of work or delivery of goods. For example, a clear list of goods, delivery times, types of services and the term for their provision. Without the presence of such conditions, the offer may be recognized as insignificant.

Important: Judicial practice on the issue of letters of guarantee is diverse, in each case the legal force of the letter depends on the content of the document, the positions of the parties in the case and other factors. Therefore, a letter of guarantee should not be considered a reliable legal guarantor of the fulfillment of obligations, and, if possible, it is best to replace it with a guarantee agreement.

The only “plus” of a letter of guarantee is the fact that it interrupts the statute of limitations. For example, after the creditor has received a letter of guarantee acknowledging the existence of a debt, the limitation period, provided for by the general rule of 3 years, is recalculated.

Form of guarantee letter for payment

The form of a letter of guarantee does not imply special legislatively developed norms. Therefore, the form of the document must correspond general rules business correspondence and contain the main elements of a business letter - registration number, sender details, addressee data, signatures, etc.). If an organization often uses letters of guarantee in its practice, in this case it is advisable to develop special letterheads. If there are no such forms, or the letter is drawn up individual, the form of the letter of guarantee can be arbitrary.

How to present a letter of guarantee

There are several ways to send a letter of guarantee to the recipient:

1.Personally. In this case, the addressee must sign for receipt of the document.
2. By postal service - by registered mail with acknowledgment of receipt.
3.Via fax or e-mail.

Of course, the most preferred option is the first or second. The third option is acceptable if it is possible to reliably establish the owner of the e-mail box (for example, if e-mail addresses are clearly specified in the contract between counterparties).

The material was prepared by order of the law firm "Dominium"

When a company interacts with each other, as well as with individuals, it often becomes necessary to draw up a letter of guarantee according to a certain model. There are no specific requirements for such a document in the legislation, so each company has the right to choose one form or another. About how to make it right, as well as real examples writing - next.

When compiling, it should be borne in mind that, regardless of the specific sample, this document confirms certain facts that are indicated in the text, for example:

intention to sign a contract (often a preliminary contract is also drawn up for this);
bank account information;
guarantees for the fulfillment of certain obligations.

It is always signed by the head of the company. Along with it, the deputy can also sign, as well as any other official who is also entrusted with the fulfillment of obligations (for example, the chief accountant).

NOTE. Regardless of the specific sample, the letter of guarantee is always printed on the letterhead of the company, which contains contact details, the full name of the institution. As a rule, the company seal is also put on the document.

For correct compilation, you can follow any pattern. The content of a particular document, as a rule, depends on the specific case, but should contain the following information:

the date of compilation and the outgoing number, which is registered in a special register of the company;
name of the recipient, as well as, full name CEO the company or other employee to whom it is sent;
the topic itself is usually indicated as the title of the document;
this is followed by a text that is concise and extremely specific (as a rule, the entire text fits on 1 printed page);
if documents are attached to the letter that confirm the fact of the guarantee, the “Appendices” section is filled in, which indicates the name of these documents, their number and type (original or copy).
at the end, the position and surname, name, patronymic of the employee who compiled it are indicated;
followed by the date and signature.

NOTE. If the employee acts on the basis of a power of attorney, he indicates the details of this document, and also attaches a copy of the power of attorney to them. In this case, the seal of the company, as a rule, is not affixed.

Kinds

AT this moment in business document management, a certain writing practice has developed, on the basis of which several types of this document can be determined:

Form and examples

In the very simple version the sample includes only the most basic sections, namely:

to whom it is addressed;
who compiled it;
content;
date, signature and seal.

When it comes to paying for goods that this moment is being tested to make a final decision to buy or refuse, you can use this sample.

In some cases, it has a different name, such as "Loan Payment Schedule". Then it is only important to prescribe a repayment schedule - i.e. terms and amounts.

If the employer gives a guarantee to employ a citizen, an example will look like this:

Rules for the preparation and execution

Regardless of the specific sample, when compiling, it is desirable to proceed from the following rules:

The style of presentation is only formal business.
The volume is not more than 1-2 printed pages
In the text, it is undesirable to use complex syntactic constructions that make it difficult to understand.
Any grammatical errors are not allowed.
Since the letter must guarantee certain actions that the party intends to perform, they should be written in a separate paragraph and highlighted by different means (italic, bold or larger).
The text of the promise itself should be extremely specific - for example: “We undertake to pay for the service of connecting to the Internet in accordance with the contract for the provision of services for a fee of May 22, 2014, no later than November 30, 2017” (and not in November of this year) .

It is important to strengthen your guarantee by supporting it with appropriate documentary evidence, if possible.

Always made in 2 copies, each of which bears the signature of the CEO and a blue seal. One copy remains in the custody of the sender and is registered in the workflow register.

Delivery methods

personally in hand with a courier;
registered mail with acknowledgment of receipt;
by scanning a document through email- in this case, it is important to understand that it is the original that is sent, which is scanned or photographed.

It is not sent by fax, because in this case it is not always known how well it will be printed and whether it will reach a specific addressee.

Legal force

Regardless of the content of the text, as well as the sample according to which it was drawn up, the document has legal force. However, specific responsibilities are associated with those obligations that are indicated in the text:

In most cases, it is drawn up as a declaration of intent that the company will enter into an agreement in the future on certain conditions. Then it is considered that the legal entity only expressed its intentions, which it may refuse. Therefore, in this case, it has only an informative character.
They are also compiled in cases where the company confirms its intention to pay for a product or service for a certain period of time. Be sure to provide links to specific agreements and other documents between counterparties.
It is also compiled for the bank, when the company confirms the existence of debt obligations and the intention to make the next payment or repay the entire debt before a specific date.

In the last 2 cases, the company that made up not only declares its intention to pay for a product, service or financial obligation, but also guarantees to do so within a certain period of time. Therefore, such a document has full legal force. Accordingly, the other party may use the letter as additional evidence if the need arises for litigation.

NOTE. If the company assumes obligations to pay the debt to the bank or transfer funds to the accounts of the counterparty for goods and services, then in the event of a possible appeal to the court, the limitation period is counted from the date of drawing up a letter of guarantee according to a certain sample, this is evidenced by the relevant judicial practice.

Thus, the letter is not equivalent to a contract, but it is a written evidence on behalf of the company, so any interested party can use this document during litigation as additional evidence.

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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