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
(click to open)
It is no secret that in the era of commodity-money relations, it was required, and is still required to this day, a guarantee that each of the parties will fulfill its obligations under the transaction. One of the documents with which you can guarantee something (in fact, 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 the workflow, one of the types business correspondence– usually 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 at the right time and to the extent required. This additional confirmation is used when conventional arrangements may not be sufficient.
Important
The letter of guarantee is not a commercial document.
Letters of guarantee are often used in entrepreneurial activity, however, there are no special rules governing their design and use in Russian legislation. Therefore, one should be guided by standard business practices and strive to achieve the most clear and unambiguous language that accurately reflects 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 indicated in the document.
Who should make
The letter is written by the customer or buyer. Most often, some kind of commercial firm or organization. Further, 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 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 sent to one or more addressees to enter into a certain relationship, and clearly declares the intentions of the addresser. 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 rendered;
- an offer to perform work, to make a delivery, to provide a service.
The letter of offer must be formulated in sufficient detail, because it replaces a part of the contract, which means it must contain its main essential elements:
- the subject of the offer (goods, services, types of work - a specific listing);
- deadlines.
Important
The terms indicated in the guarantee letter of offer are of decisive importance: sent to the addressee, it can no longer be canceled by the sender within the specified periods for response, unless other conditions are specified in the text itself or follow from it.
The recipient of such a letter of guarantee, in case of acceptance of the offer, can fulfill the conditions or simply explicitly express consent: this action is considered the appropriate response, that is, the fulfillment of the second part necessary for the conclusion of the contract. Thus, as a result of the action of the letter of guarantee and the response of the addressee, a legal action takes place between them, 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 before. For example, an organization received offer, made a decision on the basis of an advertisement or an information site of a partner. Then the direction of the letter of guarantee will actually be a response to the offer made, albeit in an implicit form, of a contractual relationship.
The requirements for the answer are not as strict as for the 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 letter of acceptance, 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:
- you can not draw up a document signed by both parties;
- if the requirements for the offer and acceptance are met, such legal relations are absolutely legal;
- the court recognizes letters of guarantee on a par with the concluded contract.
Disadvantages of exchanging letters of guarantee:
- volume limits detailed description conditions;
- it is impossible to define all rights and obligations;
- procedural points are not specified;
- the responsibility of the parties is not always clearly defined.
Thus, contractual relations through letters of guarantee are legally valid, however, controversial points that may lead to litigation are not ruled out.
Letter of guarantee form
Form of a letter of guarantee, which is drawn up on behalf of legal entity, must contain all its details (full and abbreviated name, TIN, OGRN, address, telephone).
If the document is drawn up on behalf of an individual, then the order of writing is arbitrary.
Free legal advice
We will answer your question in 5 minutes!
The letter is written in simple writing either on official letterhead of a legal entity or on plain paper by an individual.
Depending on the specific situation, the guaranteeing party must write the terms and, if necessary, the means of fulfilling the obligation assumed by it.
Of course, a letter of guarantee is not a binding document, as it is not of a normative nature. However, when compiling it, the parties hope for 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.
- A letter of guarantee confirming payment obligations. Funds recognized under a letter of guarantee may be intended as payment for goods, services, performance of a particular work, or to pay off 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.
- A letter of guarantee confirming the commitment to work, goods or services. Such a document assures the recipient that the obligations indicated in it will indeed be fulfilled by the specified date in a certain amount. It is possible to indicate several time intervals when it comes to phased 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 according to the specification or other documents, or immediately before the conclusion of the corresponding contract.
- A letter of guarantee confirming the intentions of the landlord. This refers to the guarantee of assigning a legal address. Such a document will be required for presentation to the tax office if the organization does not own certain real estate for placement and indication in founding documents. The legal entity has the right to rent such premises, providing the tax authorities with a guarantee that the landlord really intends to provide such services to him.
- Letter of guarantee confirming future employment. Such a letter may be needed in the case when hiring is of great legal importance for the future employee. For example, such a letter of guarantee has the right to ask for:
- student for presentation to the university (some educational establishments in certain specialties, especially in the case of training at the places of state order, they 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 labor path (they will have to report to the administrative supervision authorities).
Features of compilation and design
As a rule, any letter of guarantee does not exceed a standard sheet of A4 format, is printed on a special letterhead of the sending legal entity, signed governing bodies(director, sometimes chief accountant), sealed with the seal of the organization. Mandatory details:
- number and date (in accordance with the registration of outgoing documentation);
- name of the recipient organization;
- Full name of the recipient (usually this is 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 as a type of business correspondence does not legally exist);
- main content (guarantees of obligations, their volume and terms);
- sender data;
- position, personal signature and full name of the person signing the document (director, chief accountant).
Further nuances depend on the type of letter of guarantee. Let us consider them in more detail and give a specific example of compiling a letter of guarantee designed to perform a particular function.
debts
By issuing this document, you guarantee the fulfillment of your obligations to pay the debt in the future. To the items listed above, you must add the amount of the debt (indicated in words and numbers), the schedule for its repayment, the number and date of the agreement under which the debt arose.
To reschedule obligations or agree on a debt restructuring, you can use a sample deferred payment guarantee letter. In such a document, you must indicate the exact period for which the debtor asks to postpone payments, as well as the conditions of liability for its violation.
To the tax
This document is required when registering legal entities. Tax inspectors often require applicants to provide a letter of guarantee from a prospective landlord. Thus, the Federal Tax Service checks the address of the organization being created.
In the letter, it is important to indicate the intention of the owner to conclude a lease agreement with the registered organization non-residential premises located at a specific address. It is also worth registering the details of the title documents for the premises.
To pay for rented space
In order for the owner of the leased object not to doubt the timely settlement of payments, it is necessary to fill out and submit a sample letter of guarantee for payment of rent. This document indicates a link to the concluded agreement, or a potential tenant will guarantee the timeliness of payment when concluding an agreement.
A sample letter of guarantee on payment for the premises will also be needed if there is a debt on monthly payments. It is important to carefully prescribe the guarantees provided to the owner of the object, since the contract can be terminated unilaterally for late payment of the lease.
To perform work
This document is provided to the customer by the contractor before the conclusion of the contract. It indicates specific types of work or services that the contractor undertakes to perform within a certain period of time. In practice, to confirm the conscientiousness of the contractor, a bank guarantee is also presented.
We confirm payment guarantees
Such a document may be in circulation not only between organizations, but also between entrepreneurs - individuals.
A letter recognizing the debt and guaranteeing its repayment must necessarily have, in addition to the signature of the head, the signature of the financially responsible person (financial director, chief accountant).
Letter of guarantee to the FSS on the payment of benefits
The addressee is the manager of the local branch of the Social Insurance Fund. At the beginning, the data of the LLC or individual entrepreneur must be given: name, registration numbers and TIN, legal address. The paper indicates the record number with the date of writing.
In the main part, it is guaranteed that the benefits accrued for a certain period of time will be paid in full within the legal deadlines. There is also a willingness to accept statutory responsibility in case of breach of obligations.
The text is signed by those responsible for social insurance- Head of the company and chief accountant.
Purchased item
A sample letter of guarantee for payment of an invoice is required if the term for receiving products does not coincide with the moment of transfer of funds. In such a letter, it is important to indicate the amount of payment and the name of the goods, the details of the seller. In some situations, you can prescribe liability for breach of obligation.
What wording to use when preparing a letter of guarantee
In order to formulate the essence of the assurance as correctly as possible, it is necessary to know which wording will most clearly reflect it.
Download a sample letter of guarantee for payment of debts in MS Word format.
The most suitable words and expressions will be:
- We guarantee.
- We are obligated to pay the debt.
- We confirm payment on time.
- Please send to our address cash on delivery (type of guarantee).
- We guarantee timely payment.
- We hereby provide a guarantee.
Sample letter of guarantee for construction and installation works
When performing 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 imposing unnecessary responsibility on oneself.
As a rule, a contract for the provision of construction services is a long-term document that implies various stages of work and payments for them, as well as the execution of accompanying documentation and the commissioning of an object by a state commission, followed by a 5-year guarantee for the services performed. Thus, the document takes into account many nuances, and the letter of guarantee is drawn up as an additional official paper, 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 prescribed.
- When the fulfillment of warranty obligations depends on the provision of the contractor with any resources, powers, project documentation, letters of agreement or other significant things, he must clearly indicate this, determining the deadline for completion of work 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 the 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 affects the timing of the work, the customer gives guarantees for payment for services with a deadline or offers to act as a guarantor when drawing up a credit line for his work manager.
- The result of this letter should be the final commissioning of the premises for the possibility of its use by the owners for its intended purpose, as well as the receipt of all the amounts specified in the contract.
Important
All performance guarantees construction works must be substantiated by real facts, since repeated failure to meet deadlines may lead to termination of the contract.
Sample letter of guarantee on the 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 the goods, perform the 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.
In the event that 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 amends for the parties to the contract and the possibility of further cooperation with the counterparty.
- Be sure to fix the deadlines for fulfilling obligations and the completion of this action. That is all cash will be credited to your account by (specify date) in the amount specified in the signed agreement.
Important
If this letter was preceded by any breach of agreement, the text should indicate that such a fact was isolated and subsequently the respondent will make every effort to avoid repetition.
If the guarantee is given to pay for goods or services, it is necessary to write down the amount in figures or words, the method of transfer, the stage of payments made, and other mandatory conditions to fulfill financial obligations under the contract.
Sample letter of guarantee on the absence of debt
The requirement to provide it is a common thing 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 prescribes his name, PSRN, TIN and legal address. Actually, the guarantee can be formulated as follows:
Who is responsible for fulfilling the obligations under the contract
The sender of the letter, that is, the executor, who undertakes to fulfill his part of the agreement in a quality manner and within the time specified in the document, is responsible for the fulfillment of guarantees.
A letter of guarantee with a prescribed performance of obligations does not replace the contract. However, when properly drafted, it can help resolve disputes when they arise.
How to present a letter of guarantee
You can send the appropriate correspondence to the addressee in several ways:
The most preferred options are the first or second, since the sender still has supporting documents in his hands. The rest are possible by agreement of the parties (for example, if e-mail addresses are indicated in the contract between the parties).
Additional questions
Is there liability for non-compliance?
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 liable for failure to fulfill the prescribed obligations (in case of non-payment) only in court, and in accordance with the previously prescribed fines.
Summarizing the above, we can conclude that although the letter is not a 100% guarantee that the buyer will pay the cost of the goods, it 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 specify their very essence or even omit this moment. Warranty obligations must be written accurately, indicating the amount and date of its transfer.
All information in the text should be unambiguous for understanding (without ambiguous phrases) to prevent possible disputes.
Finally, it is desirable to receive notification from the creditor of receipt of the document. This will prevent papers from being lost along the way.
Conclusion
A letter of guarantee does not replace the conclusion of an agreement between the customer and the work or service provider. But this document can help in resolving disputes between the parties. Its timely conclusion and fulfillment of the obligations specified in the document makes it possible to avoid litigation in the event of unforeseen circumstances in the relationship between the contractor and the customer.
Subscribe to latest news
A letter of guarantee is an informal document in which one of the parties undertakes to comply with any conditions or perform certain actions. This may relate to payment, performance of certain works, products or services. It is worth noting that the drafting of this letter can largely shift the solution of the problems that have arisen and is a kind of guarantor between organizations that the parties will fulfill certain agreed conditions.
The letter of guarantee is intended for the addressee whose interests are related to the actions of the sender. The 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 pay off the debt within 3 banking days, on the basis of this, the provider went to the 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.
letter of guarantee to without fail must contain the following information, written in the specified sequence:
- Number of the original document;
- Date of preparation;
- Addressee (full name of the head of the organization or full name of an individual);
- Optionally, the title "Letter of Guarantee" or its subject is indicated;
- Text of the letter;
- Bank details the party sending the document;
- If an agreement was previously concluded that specifies all actions related to the subject of the letter of guarantee, the sender can indicate a link to this document;
- At the discretion of the compiler of the letter, penalties may be indicated that will follow in case of non-compliance with the terms of the contract (sanctions, payment of a penalty, penalties);
- Signature of the person who prepared the document and its transcript.
It is desirable (but not necessary) to draw up a document for or organizations, it can also be certified with a seal. Usually, 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 constituent party.
For example, if the organization has just begun its activities and the management has not yet had time to draw up a lease agreement for premises, without which most activities are impossible, draw up an official legal contract between the parties will not work. 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 notarized).
letter of guarantee drafting example
It is worth noting that it is better if the information in the document carries certain specifics, in this case this document will carry great significance and value. In this case, it is more likely that the organization to which you are writing this document will go to meet you.
Ref. No. 190913-1
Director
LLC "West"
D.B. Egorov
Letter of guarantee
IP Yurovsky, 1115861111121, as the recipient of plastic panels on the basis of the sales contract No. 14/2015 dated September 30, 2015, concluded with LLC "West", hereby guarantees full payment for the products on the day they are received.
Individual entrepreneur Yurovsky Sergey Viktorovich
Nuances in compiling
A letter of guarantee has its own characteristics, which must be taken into account when drawing up. 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 the letter, you can and should use the word “guarantee” and its derivatives: “the company guarantees”, “we guarantee”.
Spelling and stylistic errors are unacceptable in a 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 cling to at least some kind of violation if one of the parties is trying with all its might to cancel obligations. But serious violations of the design are indeed a good reason for the letter to become invalid (lack of signatures, details or the wrong date).
As for the legal force, 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 (the 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 the parties deem necessary.
A letter of guarantee is issued when one of the parties to the transaction doubts the solvency and honesty of the other, even despite the contract concluded in accordance with all legal rules and regulations.
Frequent situations when letters of guarantee are requested are:
- the obligation to pay for goods received, work performed, services rendered;
- guarantee of provision necessary information(for example, providing a legal address during the registration of a legal entity);
- confirmation of future intentions (for example, a guarantee of the conclusion of the main cooperation agreement in the future).
IMPORTANT! The letter of guarantee is not a commercial document.
Responsible for the preparation and implementation of guarantees
The responsible compiler, the sender is the party that takes responsibility for the fulfillment of certain obligations.
Design Requirements
Each letter of guarantee must comply with the requirements of the document flow:
How to write?
The most important thing is the statement in the letter of all the important conditions regarding the obligations to be fulfilled. Otherwise, the letter will have no meaning. Let's analyze the most commonly used types of letters of guarantee.
Deferral of payment to the supplier
This is a financial guarantee. The sender asks for a deferred payment and undertakes to make payment on time for the goods received (work performed, services provided).
The structure of the letter of guarantee for deferred payment:
- Outgoing number, date.
- Title of the document.
- Text of the letter:
- the name of the originator and recipient, indicating legal details (for example, AAA LLC asks A1 OJSC to provide a deferred payment for(indicate the details of the document under which the payment obligation arose));
- you can (but not necessarily) specify the reason why it is impossible to make a payment on time (for example, We are not able to make payment within the time period established by the contract in connection with ....);
- the amount of money for which the deferral is requested and the date by which payment will be made (for example, We hereby guarantee payment in the amount of …. to DD.MM.YYYY).
- Full name, position, signature of the head and accountant.
About delivery
The sender undertakes to deliver the goods of proper quality within the agreed time frame and agreed quantity.
Structure:
- The use of letterhead is preferred.
- Outgoing number, date.
- Title of the document.
- Text of the letter:
- name of the supplier and recipient with details;
- details of the document that is the basis for the delivery;
- you can specify the name and quantity of goods guaranteed for delivery (for example, 10 pieces. Lenovo tablets), if commodity items a lot, it is enough to make a reference to the number of the consignment note, attaching a copy of it to the letter;
- the date by which the goods will be delivered to the recipient.
- Full name, position and signature of the head and accountant.
- Name and contact details of the performer.
Ways to receive the document by the addressee
Letters of guarantee must be provided to the recipient in two copies personally so that the incoming number and date of delivery are stamped on the sender's copy. Alternative ways delivery letters of guarantee are: registered letter with acknowledgment of receipt via mail, sending by courier service with acknowledgment of receipt.
Correctly drawn up letters of guarantee can have and be recognized by the judiciary as direct evidence.
Didn't find an answer to your question? Find out, how to solve your problem - call right now:
A letter of guarantee is a document in which one party (legal entity, individual entrepreneur) guarantees the other the fulfillment of certain obligations within the established time limits. In the article you will find the most commonly used samples of letters of guarantee, information on where they apply and instructions for writing such a letter yourself.
Download Sample Letters of Guarantee:
Letter of guarantee on the performance of work
A letter of guarantee on the completion of work is a document of business correspondence containing a promise by a legal or natural person (group of persons) to complete certain work by a specific deadline (or deadlines, if the work is carried out and delivered in stages).
Letter of guarantee for repayment of debt
A letter of guarantee for payment of the debt is drawn up when the buyer does not have time to pay for the ordered or already received goods and, using a business correspondence document, officially promises the supplier to pay off the debt within a certain period of time.
Letter of guarantee for employment
A letter of guarantee for employment is a document of business correspondence that contains a promise from the employing organization to find a job.
Payment guarantee letter
A letter of guarantee for payment is a document of business correspondence that contains a promise by one person (legal or natural) to pay for goods, services or work to another person (natural or legal).
Letter of guarantee for the provision of a legal address
A letter of guarantee on the provision of a legal address is a document of business correspondence containing the consent of the landlord to provide the tenant with the address of his premises as a legal address for the latter to register his organization with the Federal Tax Service.
Letter of guarantee for the supply of goods
A letter of guarantee for the supply of goods is a document of business correspondence containing a request for the delivery, according to the agreement, of a certain product within a specific timeframe.
Application
A letter of guarantee is a part of business correspondence between enterprises and serves as an additional guarantee of cooperation and fulfillment of obligations.
Although this document does not have an official legal status, its content and format, in the event of litigation, may affect the course of the case.
Try the Business.Ru store program, which will allow you to create templates for letters of guarantee. As well as automating accounting and tax reporting, always be aware of all mutual settlements with employees, control cash flows in the company, and personal calendar timely remind of important events.
Most often, companies (or their managers) guarantee their partners, by contacting a legal entity or manager, payment for the ordered work or services, delivered goods, repayment of debts, payment in case of deferred payment.
Often, a letter of guarantee is drawn up in response to a claim. It is written strictly business style, without complex speech constructions and unnecessary reasoning.
A letter of guarantee for payment is a document of business correspondence that contains a promise by one person (legal or natural) to pay for goods, services or work to another person (natural or legal).
Sample letter of guarantee for payment
A payment guarantee may relate to goods and services already received, that is, in essence, the letter contains a request for a deferred payment and a promise to repay the debt within a certain time frame. Also, the letter can guarantee the performance of any already paid work or services.
A letter of guarantee from a legal entity is drawn up on the letterhead of the organization, from an individual - on a regular sheet of A4 format.
Form of guarantee letter for payment
The form of this document is not strictly regulated. Usually, a person guaranteeing future payment writes it in free form according to a certain template of a guarantee letter for payment, taking into account general rules conducting business correspondence.
The letter of guarantee for payment from a legal entity must contain:
- outgoing number and date of compilation;
- addressee data - to whom the letter is sent (name of organization, full name of the head);
- guarantee of payment for goods, services, work, etc.; the text of the guarantee letter itself usually looks like this: “The company (name) guarantees to make payment for (name of goods or services) in the amount of (amount payable, including in words) on time (until what date) on the basis of (the document on which the goods, services are provided and payment is made).
In addition, for additional confirmation of the guarantee, the text of the letter can include obligations to pay penalties for late payment. - signatures of the head of the organization and the chief accountant (because we are talking about money), certified by the seal of the organization.
A letter of guarantee from an individual contains:
- in the "header" - the name, address, telephone numbers, organizations, full name and position of its head, as well as the full name and address of the person who writes the letter of guarantee;
- in the text of the letter - a promise to pay for a product or service (perform work), the amount, terms and method of payment;
- the signature of the compiler and the date of writing the letter.