Letter of guarantee for payment without a contract. How and when to write letters of guarantee? Confirming employment

You can get answers to any questions about registering LLCs and individual entrepreneurs using the service free consultation on business registration:

Letter of guarantee for provision of a legal address- this is a document with which the owner of the premises guarantees the conclusion of a lease agreement in the event of successful registration of the LLC. Although the letter of guarantee is not included in the list of mandatory documents specified in the Law “On State Registration”, the tax authorities require it to confirm the authenticity of the statement.

The obligation of the Federal Tax Service to verify the accuracy of registration data, including information about the legal address, is established by Article 51 of the Civil Code of the Russian Federation. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 61 dated July 30, 2013 provides a list of signs indicating the unreliability of a legal address, such as:

• several legal entities have already been registered at the address indicated in the registration documents, but communication with them is impossible (mass registration address);
• the specified address does not exist or the property located at it is destroyed;
• the address is a conventional postal address assigned to an unfinished construction project;
• the address contains government agencies, military units and other facilities where registration of commercial organizations is not possible;
• the owner of the premises stated that he does not allow the registration of a legal entity at the address of this property.

According to the Plenum, any of these circumstances indicates the unreliability of information about the legal address. As you can see, the absence of a letter of guarantee is not listed among these signs. At the same time, this list is not closed, which means that the tax office can prove that confirmation of the accuracy of the legal address allows it to be provided by a letter of guarantee from the owner of the premises.

Thus, although theoretically submitting registration documents without a letter of guarantee is possible, there is a risk of refusal to register an LLC. If you do not want to challenge an unfounded refusal in court, we recommend that you obtain a letter of guarantee from the owner.

Does the letter of guarantee have legal force?

Another question: is the owner of the premises, who issued a letter of guarantee before registering the organization, obliged to enter into a lease agreement for the premises at this address? The conclusion of the contract occurs on the basis of the free will of the parties, therefore in this case it is impossible to force the landlord to transfer the premises for rent (unless the letter of guarantee is drawn up in the form).

The letter of guarantee only confirms that the owner has been informed that a legal entity is expected to be registered at the address of the property he owns, and he does not object to this. The tenant who has registered the organization at this address can also refuse to enter into a lease agreement.

If it so happens that the lease agreement at the address specified in the registration documents and letter of guarantee has not been concluded, then it is necessary to submit an application in Form P13001 (if the full legal address was indicated in the charter) or in Form P14001 to change the legal address.

Letter of guarantee form

Any property owner can issue a letter of guarantee: an ordinary individual or a commercial entity. It is good practice to adhere to business rules, so it is recommended to write a letter of guarantee on company letterhead, if available. You can download an example of a letter of guarantee for the provision of a legal address using the link:

There is no standard or statutory letter of guarantee form, but from its content it should be clear that the owner guarantees, in the event of successful registration of a new organization, to conclude a lease agreement with it at a specific address.

Check that the letter of guarantee must contain the following information:

• details of the lessor who issued the letter of guarantee;
• name of the registering tax office;
• full address, characteristics and area of ​​the premises;
• Full name of the director and name of the future organization;
• confirmation of the unimpeded possibility of renting out the premises.

Attached to the letter is a copy of the certificate of ownership of the property at which the legal address is provided. Please note to the owner of the premises that after submitting documents for LLC registration, he must be available for communication using the specified contact information. With a high degree of probability, representatives of the registering Federal Tax Service will contact him. If the information is not confirmed by the owner, there is a risk of refusal to register the company at this address.

A letter of guarantee is a business document containing confirmation by one of the parties of certain actions. Examples of letters of guarantee are the topic of this article. They may contain the following information:

• a request for the sale of certain services or goods, with subsequent payment for them;
• recognition of debt obligations that will be fulfilled within a certain time frame;
• act as a preliminary agreement.

Letters of guarantee often act as one of the ways to resolve a pre-trial dispute after receiving a claim. In practice, the letter may contain any guarantees regarding certain actions.

Legal force of the document

Despite the many examples of letters of guarantee, such a document acquires legal force only if an agreement is signed. And the letter itself is only confirmation of the fulfillment of a certain clause in the contract. Even in court, if an application without an agreement is provided as confirmation, then such a document will be considered invalid. Simply put, a letter of guarantee is simply the officially expressed intentions of a legal entity.

General drafting rules

An example of a letter of guarantee is part of a business document flow, so it must contain the following mandatory details:

1. Date of compilation and originating number.
2. Recipient details.
3. The name of the document or the topic of the appeal.
4. The content sets out the essence of the warranty obligations.
5. Attachments to the letter, if provided, for example, a debt repayment schedule.
6. Position and signature of the sender.

Letters of guarantee from legal entities, as a general rule, are drawn up on the company's letterhead and certified with a seal. Although there are no strict requirements for the formatting of letters written on official letterheads of legal entities. At the same time, any bank is unlikely to accept a letter of guarantee without the company’s seal.

Sample letters

Example of a payment guarantee letter:

This debt recovery document must contain the details of the agreement and/or account through which the debt arose. Such a letter can be regarded as a kind of promissory note, that is, an advance obligation. The signature of the chief accountant or the person responsible for making the payment must be affixed to the document.

To the Director of JSC "Recipient"

Addressee A.A.

ref. No. xxx. date

LETTER OF GUARANTEE

Due to temporary financial difficulties at the enterprise, we guarantee payment on invoice No. 000 dated (date), for a total amount of XXX thousand rubles, for the supply of materials under contract No. 111 dated (date), before (date).

Director of JSC "Garant" signature Full name

Chief accountant of JSC "Garant" signature Full name

Example of a letter of guarantee for debt payment:

To the Director of JSC "Recipient"

Addressee A.A.

ref. No.xxx Date

LETTER OF GUARANTEE

PE "Debtor" guarantees the payment of the debt of PE "Creditor" for services provided in the total amount of XXX rubles by (date), that is, it guarantees the fulfillment of clause xx of agreement No. xx dated (date).

If our company does not fulfill its obligations to pay the debt within the agreed period, then the penalty specified in the agreement will be paid, namely 0.1% of the total debt for each day of delay.

Bank details of our company:

Director of private enterprise "Dolzhnik" signature full name

Chief accountant of private enterprise "Dolzhnik" signature Full name

Delivery of goods and performance of work

Example of a letter of guarantee for work:

To the Director of JSC "Recipient"

Addressee A.A.

ref. No. xxx Date

LETTER OF GUARANTEE

JSC "Stroitel", on the basis of agreement No. 000 dated (date) with your company, has undertaken obligations to carry out all construction and installation work at the site (name, address) by (date). With this letter I confirm the previously given guarantees upon completion of the work in accordance with paragraph ... of the above agreement by (date).

Director of Stroitel JSC signature full name

If a letter is drawn up that does not contain obligations and guarantees to pay a certain amount, the signature of the chief accountant is not required.

Example of a letter of guarantee for the supply of goods:

To the Director of JSC "Recipient"

Addressee A.A.

ref. No.xxx Date

LETTER OF GUARANTEE

Private enterprise “Buyer” asks you to supply products, according to specification No. xxx dated (date), under contract No. xxx dated (date). We guarantee payment will be made by (date).

If the funds are not transferred within the agreed period, then this letter can be regarded as our organization receiving a commercial loan. The private enterprise “Seller” has the right to charge interest for the use of other people’s funds for the entire period of delay. Based on the calculation specified in paragraph xxx of the above-mentioned agreement. That is, 1% for each day of delay.

Director of Private Enterprise "Buyer" signature Full name

Chief accountant of private enterprise "Buyer" signature Full name

An example of drawing up a letter of guarantee requires compliance with accepted terminology in business. There is no need to describe the entire history of relations between legal entities and go into detail why this or that situation occurred. The letter should be short and contain clear language, for example:

Additional requirements

If a letter of guarantee is drawn up for a financial institution, it is recommended to attach a copy of an extract from the Unified State Register of Legal Entities so that the bank has the opportunity to confirm the authority of the manager who signed the document.

If the letter is drawn up and signed by an authorized person, then documents are attached to it that can confirm the authority of this person. This may be a power of attorney or a protocol. The main thing is that they contain a clear indication of the competence of the actions of the authorized person.

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 a legal entity and 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 stipulates 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, penalties);
• 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 the organization has just started its activities and the management has not yet managed to draw up a lease agreement for the premises, without which most activities are impossible, it will not be possible to draw up a formal legal agreement 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 annul 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.

And not suffer losses

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

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

A sample letter of guarantee for payment allows you to fix the terms and procedure for payment for the delivery of goods, rental of 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 a response to a complaint. To correctly compose a letter, you should adhere to the appropriate design samples and forms.

The 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 payment of rent for premises contains completely different points compared to a similar document for the tax office.

Let's look at how to correctly write a letter of guarantee for payment of debt and consider a sample of this document on individual points.

How to write a letter of guarantee correctly?

Before filling out a sample debt payment guarantee letter, please read the requirements. Large companies have special instructions for office work, which contain rules for preparing business correspondence.

You must adhere to a formal business style. This documentation is drawn up on an A4 sheet or on a specially designed company letterhead 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 the “guarantor’s” intentions.

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

To correctly draw up a letter of guarantee, you need to adhere to the rules of office work.

Register this form as outgoing documentation. In the upper right corner you must indicate the recipient's details (full company name, full name and manager's position). If you do not know who specifically handles finances in a company, address your appeal to the company as a whole.

A sample letter of guarantee for payment for goods contains a request for the delivery or performance of services and guarantees timely payment. The text of the document begins with the words: “We ask you to comply,” the last paragraph is “We guarantee payment.” For a letter that contains only a guarantee of payment of the debt, the beginning will be as follows: “We guarantee payment.” In this case, you need to indicate the exact deadline for fulfilling the financial obligation.

List the products or services that were the subject of a bilateral agreement. Indicate the amount of the transaction not only in numbers, but also in words, as well as the payment period, the amount of penalties and interest that are imposed on the payer in a situation of improper fulfillment of obligations. At the end of the document, be sure to indicate the full name, legal addresses of each party 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. Certify their signatures with a seal.

Note!

A letter of guarantee for payment has legal force if it is properly 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”, the signature of the manager and the seal of the organization.

After filling out the sample letter of guarantee for payment under the contract, you must follow the rules for delivering the document to the counterparty. If disputes arise about the procedure and timing of settlement under the contract, evidence of delivery will be examined by the court.

How to deliver a letter of guarantee?

There are several ways to send relevant correspondence to the addressee:

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

The most preferable 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 agreement between the parties).

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

there is no need to use adverbial and participial phrases;

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

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

be literate - write without errors.

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

Sample payment guarantee letter

A sample of a correct letter of guarantee for payment of debt must contain clear language that allows you to determine the period and procedure for fulfilling obligations, as well as the conditions for bringing to responsibility. Therefore, the content of individual clauses may differ significantly, depending on the subject of the transaction. The content of the document must be clear and understandable, the language must be businesslike, without slang and jargon expressions. When prescribing conditions, it is important to be aware of your real capabilities.

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 indicate the following points:

name of the organization, full name of the sender;

sender's details (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, the official seal of the sending company, signature and date of preparation of the document are affixed.

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

Debts

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

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

To the tax office

This document is required when registering legal entities. Tax inspectors often require applicants to provide a letter of guarantee from the future landlord. In this way, the Federal Tax Service verifies the address of the organization being created.

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

To pay for rented premises

So that the owner of the rental property does not 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 contains a reference to the concluded agreement or the potential tenant will guarantee timely payment upon conclusion of the agreement.

A sample letter of guarantee for payment for the premises will also be needed if there is arrears on monthly payments. It is important to carefully spell out the guarantees provided to the owner of the property, since the contract can be terminated unilaterally for late payment of rent.

To carry out work

This document is provided to the customer by the contractor before concluding the contract. It specifies specific types of work or services that the contractor undertakes to perform within a certain period of time. In practice, a bank guarantee is also provided to confirm the contractor’s good faith.

Purchased item

A sample letter of guarantee for payment of the invoice is required if the deadline for receiving the products does not coincide with the time of transfer of funds. In such a letter, it is important to indicate the amount of payment, the name of the product, and the seller’s details. In some situations, it is possible to prescribe liability for breach of obligation.

Legal meaning of the letter of guarantee

It has a number of important functions:

• is an acknowledgment of debt (and this is related to proof and the running of the limitation period);
• certifies a certain amount of debt of one party to the other, as well as other circumstances;
• confirms the fact of execution 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 of legal entities, but also in the interaction of individuals and individual entrepreneurs. In addition to the letter, you can provide a bank guarantee for the entire amount of the debt.

Often, letters of guarantee oblige to perform any actions that do not contradict current laws: for example, execution of a contract within a certain time frame, confirmation of some information, fulfillment of undertaken obligations, 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 drawing up 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 website.

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

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

Definition and legal rules

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

Important

A letter of guarantee is not a commercial document.

Letters of guarantee are quite often used in business activities, however, no special rules governing their execution and use are enshrined in Russian legislation. Therefore, you should be guided by standard business practices and strive to achieve the most clear and unambiguous formulations that accurately reflect the intentions and obligations of both parties.

What guarantees does it contain?

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

Who should compile

The letter is drawn up by the customer or buyer. Most often, the buyer is some kind of commercial company or organization. Next, the document is signed by the head of the customer’s enterprise and the accountant, after which it is sent to the seller (supplier).

Letter of guarantee instead of a contract

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

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

Letter of guarantee as an offer

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

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

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

• subject of the offer (products, services, types of work - specific transfer);
• deadlines.

Important

The terms indicated in the letter of guarantee offer are of decisive importance: once sent to the addressee, it cannot be canceled by the sender within the specified periods for response actions, unless other conditions are specified in the text itself or does not follow from it.

The person who receives such a letter of guarantee, if the offer is accepted, can fulfill the conditions or simply express consent: this action is considered an appropriate response, that is, the fulfillment of the second part necessary for concluding the contract. Thus, as a result of the validity of the letter of guarantee and the addressee’s response, a legal action occurs between them that is equivalent to the conclusion of an agreement (no one bothers to sign a standard bilateral agreement in addition to it).

Letter of guarantee as acceptance

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

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

Fact

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

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

Positive points:

• there is no need to draw up a document signed by both parties;
• if the requirements for offer and acceptance are met, such legal relations are absolutely legal;
• the court recognizes letters of guarantee on the same basis as a concluded contract.

Disadvantages of exchanging letters of guarantee:

• scope limits detailed description of conditions;
• it is impossible to determine all rights and obligations;
• procedural issues are not specified;
• The responsibilities of the parties are not always clearly defined.

Thus, contractual relations through letters of guarantee are legally valid, however, controversial issues that could lead to litigation cannot be ruled out.

Letter of guarantee form

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

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

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

Depending on the specific situation, the guaranteeing party must write down the terms and, if necessary, methods for fulfilling its obligation.

Of course, a letter of guarantee is not a binding document, since it is not of a normative nature. However, when drawing it up, the parties rely on the decency and diligence of the debtor. That is, these relationships are based on trust.

Specific types of letters of guarantee

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

1. Letter of guarantee confirming payment obligations. Funds recognized under a letter of guarantee may be intended as payment for goods, provision of services, performance of certain work, or to repay a debt. Such a letter is a fact of recognition of the debt. Most often, it is drawn up when for some reason the payment cannot be made immediately or it has to be postponed.
2. A letter of guarantee confirming obligations for work, goods or services. Such a document assures the recipient that the obligations indicated in it will actually be fulfilled by the specified date to a certain extent. It is possible to indicate several time intervals if we are talking about step-by-step work. Such a document also confirms the required quality in accordance with certain standards (SNIPs, GOSTs, etc.). Such a letter of guarantee can be written if there is a possibility of violation of the terms of the specification or other documents, or immediately before the conclusion of the relevant contract.
3. Letter of guarantee confirming the landlord's intentions. This refers to the guarantee of assignment of a legal address. Such a document will be required to be presented to the tax office if the organization does not own certain real estate for placement and indication in the constituent documents. A legal entity has the right to rent such premises, providing the tax authorities with a guarantee that the lessor really intends to provide such services to him.
4. Letter of guarantee confirming future employment. Such a letter may be needed in cases where hiring has important legal significance for the future employee. For example, such a letter of guarantee may ask for:
   • student for presentation to a university (some educational institutions in certain specialties, especially in the case of training at government-ordered places, issue a diploma only after providing a certificate of future official employment);
   • a foreign employee (he must take such a document to the migration service);
   • released prisoners embarking on a career path (they will have to report to administrative authorities).

Features of compilation and design

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

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

Further nuances depend on the type of letter of guarantee. Let's look at them in more detail and give a specific example of drawing up a letter of guarantee designed to perform a particular function.

Debts

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

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

To the tax office

This document is required when registering legal entities. Tax inspectors often require applicants to provide a letter of guarantee from the future landlord. In this way, the Federal Tax Service verifies the address of the organization being created.

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

To pay for rented premises

So that the owner of the rental property does not 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 contains a reference to the concluded agreement or the potential tenant will guarantee timely payment upon conclusion of the agreement.

A sample letter of guarantee for payment for the premises will also be needed if there is arrears on monthly payments. It is important to carefully spell out the guarantees provided to the owner of the property, since the contract can be terminated unilaterally for late payment of rent.

To carry out work

This document is provided to the customer by the contractor before concluding the contract. It specifies specific types of work or services that the contractor undertakes to perform within a certain period of time. In practice, a bank guarantee is also provided to confirm the contractor’s good faith.

We confirm payment guarantees

Such a document can be circulated not only between organizations, but also between individual entrepreneurs.

A letter acknowledging the debt and guaranteeing its repayment must have, in addition to the signature of the manager, the signature of the financially responsible person (finirector, chief accountant).

Letter of guarantee to the Social Insurance Fund regarding payment of benefits

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

In the main part, it is guaranteed to fully pay the benefits accrued for a certain period within the legal deadlines. They also declare their readiness to accept liability provided for by law in the event of a violation of obligations.

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

Purchased item

A sample letter of guarantee for payment of the invoice is required if the deadline for receiving the products does not coincide with the time of transfer of funds. In such a letter, it is important to indicate the amount of payment, the name of the product, and the seller’s details. In some situations, it is possible to prescribe liability for breach of obligation.

What wording to use when preparing a letter of guarantee

In order to formulate the essence of the assurance as correctly as possible, you need to know what wording will most clearly reflect it.

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

The most suitable words and expressions would be:

• We guarantee.
• We undertake to pay the amount of debt.
• We confirm payment on time.
• Please send to our address cash on delivery (type of guarantee).
• We guarantee timely payment.
• We hereby give a guarantee.

Sample letter of guarantee for construction and installation work

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

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

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

Important

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

Sample letter of guarantee on fulfillment of obligations under the contract

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

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

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

Important

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

If a guarantee is given for payment for a product or service, it is necessary to specify the amount in numbers or in words, the method of transfer, the stages of payments made and other mandatory conditions for fulfilling financial obligations under the contract.

Sample letter of guarantee for no debt

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

The referent writes down his name, OGRN, TIN and legal address. Actually, the guarantee can be formulated as follows:

Who is responsible for fulfilling obligations under the contract?

The sender of the letter is responsible for fulfilling the guarantees, that is, the performer, who undertakes to fulfill his part of the agreement efficiently and within the time limits specified in the document.

A letter of guarantee with specified fulfillment of obligations does not replace the contract. However, if drafted correctly, it can help resolve disputes when they arise.

How to deliver a letter of guarantee

There are several ways to send relevant correspondence to the addressee:

The most preferable 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 agreement between the parties).

Additional questions

Is there liability for failure to fulfill obligations?

The letter of guarantee documents the seriousness of the buyer’s intentions and expresses his readiness for timely payment. It is possible to hold the customer accountable for failure to fulfill prescribed obligations (in case of non-payment) only in court, and in accordance with previously prescribed fines.

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

What mistakes are made when compiling

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

All information in the text must be clear for understanding (without ambiguous phrases) in order to prevent possible disputes.

Finally, it is advisable to receive notification from the lender that the document has been received. This will prevent paperwork from being lost along the way.

Conclusion

The letter of guarantee does not replace the conclusion of an agreement between the customer and the performer of the work or service. But this document can help in resolving disputes between the parties. Its timely conclusion and fulfillment of the obligations specified in the document allows us to avoid litigation in the event of unforeseen circumstances in the contractor-customer relationship.

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