What is a bank guarantee and how to use it. What is a bank guarantee and where is it used How to issue a bank guarantee

A bank guarantee allows you to protect yourself from the risks associated with non-fulfillment of obligations by one of the parties to the contract - a written obligation of the bank to pay the creditor the amount in case of improper performance by the debtor of his contractual obligations.

When concluding a deal, we always take risks, because one of the parties may refuse to fulfill its obligations.

As a result, such a refusal (in some cases) entails losses, for example, financial ones. A bank guarantee will help protect yourself. In this article, we will give the concept of a bank guarantee, and also tell you how they can be useful.

The concept of a bank guarantee

What does the concept of a bank guarantee issued by a bank include, what kind of document is this and in what cases is it applicable? In order to understand this, the term must be defined. A bank guarantee is a written obligation of a bank to pay a sum of money to a creditor in case of improper performance by the debtor of its contractual obligations.

Types of bank guarantees

Guarantees are one of the most demanded products in the financial services market today. For the convenience of users, they are classified by scope, so you need to know what types of such documents exist.

What are the requirements for companies to issue a guarantee without collateral? What are the features of issuing a guarantee from an insurance company? How to conclude a bank guarantee agreement with the help of brokers?

When concluding commercial agreements, the parties cannot be 100% sure of each other. The economy is complex and unpredictable. Customers are interested in the timely and proper performance of the work specified in the contract and therefore have the right to demand documentary guarantees of loyalty from the performers.

Such guarantees are issued by a third party - a bank, which acts as a kind of debtor's guarantor.

The purpose of the bank guarantee is to ensure the fulfillment of the terms of the contract. With this document, the customer is entitled to compensation in case the contractor does not do what he promised under the contract, or does it improperly.

About, how to issue a bank guarantee, I will tell you, Denis Kuderin, an expert on economic and financial issues at the HeatherBober magazine. Be sure to read the article to the end - in the final you will find tips on how to get a bank guarantee quickly, simply and with minimal cash costs.

1. What is a bank guarantee and why is it issued

Bank guarantees are used in the practice of international trade, in domestic commercial transactions, in economic interactions between the state and private companies.

The warranty is a kind of additional insurance for the customer, which offset his costs. in case of dishonest work of the performer.

Example
A little-known but promising private construction company Prorab wins a tender for the reconstruction of the city's central polyclinic. The work is big and expensive.
The municipality needs confidence that the work will be completed on time and with high quality. Nobody wants to suffer losses. Therefore, municipal authorities require the firm to provide a bank guarantee to secure the contract. The company draws up a guarantee in Sberbank and transfers it to the customer.
In the event that the "Foreman" refuses the contract or does not carry out the reconstruction on time, the bank will pay a penalty to the municipality. In the future, the financial institution will recover the money spent from the debtor for obligations.

Parties to the guarantee transaction:

beneficiary(customer);
guarantee(bank or other credit institution);
principal(performer, obligor).

In our example, the beneficiary is the municipality, the guarantor is Sberbank, and the principal is the Prorab construction company.

How is a bank guarantee (BG) different from insurance?

Despite their similarities, there are significant differences between these types of documents:

They are run by different institutions. Insurance companies can, in principle, issue guarantee guarantees, but according to the new amendments to the legislation of 2015, such documents cannot be considered exactly bank guarantees. They're called - payment guarantees. They will not be accepted as . And this is the most demanded sphere of BG.
3 parties participate in the bank guarantee agreement, and not 2, as in insurance.
In the event of a guarantee event, the bank acts as a guarantor - it is from it that the customer will demand monetary compensation in the event that the debtor fails to fulfill its obligations.
The amount of BG sometimes reaches tens and hundreds of millions. Not all insurers are able to pay for such risks.

The initiator of issuing a bank guarantee is always the principal. He pays commissions, because the bank does not enter into an agreement on a gratuitous basis. A financial institution needs confidence in the trustworthiness of the client, so guarantees are not issued to everyone in a row. The company must be solvent, stable, successful, preferably experienced.

It seems that only customers of services need guarantees, but in fact this tool is beneficial to all parties to the transaction.

Benefits of BG:

saving the contractor's finances - he does not need to freeze working capital on his account to secure the contract;
with bank guarantees, companies have the right to participate in an arbitrary number of tenders;
the principal receives an additional incentive to fulfill his obligations efficiently and on time;
a guarantee is issued faster than a loan, and the interest on payments is ten times less.

Among other things, potential partners have more confidence in firms that use bank guarantees. For small private companies, GGs pave the way to big deals and lucrative long-term contracts.

A couple of years ago, it was much easier to issue a BG. Almost all banks worked in this direction, although the quality of such services was often criticized. In 2015, with the entry into force of the new law, the number of financial institutions eligible to issue a BG has sharply decreased.

According to the new legislation, BGs are issued only by those banks that are on the official list of the Ministry of Finance of the Russian Federation. The main criteria for selecting banks by the Ministry of Finance are the size of the authorized capital (it must be more than 1 billion rubles) and the absence of claims from the Central Bank.

Finding out if a candidate bank is on the list is very simple - information is available on the official website of the Ministry of Finance.

The official website of the Ministry of Finance of the Russian Federation will tell you if your bank has the right to issue a BG

At the same time, the guarantees themselves, which are written agreements, are drawn up in accordance with strict requirements and must be entered in the state register, which confirms the authenticity of these documents.

I will talk about the advantages and disadvantages of each of them.

Option 1. Classic design

"Classic" - for those who are not in a hurry and prefer to draw up a document on their own, without intermediaries, in a pre-selected bank. As a rule, these are contracts for a large amount - from 20 million rubles.

Document processing time is 14-20 days.

Option 2: Get Faster

With accelerated execution, the list of documents is less, as are the terms for issuing a guarantee. Such paper will be made to you in 5 days. True, the amount of the guarantee is also less - up to 15 million. This option is often offered by institutions interested in attracting new customers.

Intermediaries - brokers who do paperwork and negotiate with banks on behalf of the client also use the accelerated method.

Option 3. Registration in electronic form

The easiest and fastest way. The main disadvantage is the small amount of the guarantee. As a rule, this is 2-5 million rubles. The principal sends documents in electronic form and receives a ready-made guarantee also in digital form. All he has to do is print out a few copies and give one of them to the beneficiary.

In the table, all the parameters of the design options are presented in a visual form:

Wanting to save time, some principals draw up documents in dubious intermediary companies that give them a "gray" guarantee. Such a document is not registered in the state register and has no legal force.

Signs of an invalid warranty:

the guarantee is issued in just a few hours;
only 2-3 documents are required from the client, and even inferior copies will do;
they undertake to deliver the guarantee almost to the office on the day of registration, while it is advisable to receive official guarantees directly from the bank;
you are not told in which bank the guarantee is issued and they do not give you a phone number by which you can contact the financial institution - therefore, it is impossible to confirm the legitimacy of the procedure.

A "gray" guarantee is fraught with losses, fines and a tarnished reputation. The customer will simply refuse to work with you if the document turns out to be invalid during verification. And he will be absolutely right.

3. How to issue a bank guarantee without collateral - 6 main steps

Banks require collateral from those principals whose solvency is not certain. But basically, this document is issued to executors of federal and municipal orders without collateral and guarantee. As a rule, this type of collateral is issued at a higher commission, as the risks of the bank increase.

The following can count on the issuance of a BG without additional conditions:

companies that have been operating on the market for more than 3-6 months;
firms that are ready to provide financial statements and prove the stability of their financial status;
companies whose income is comparable to the amount of the guarantee;
candidates who already have experience in similar transactions.

The advantage will be given to those principals who have been successfully working in the area corresponding to the agreement for many years.

Stage 1. Bank selection

At the time of writing, the list of the Ministry of Finance includes about 300 banks. If your potential partner is not on this list, look for another organization.

Other important nuances:

it is easier to issue a BG without collateral in the bank in which you already have an account (provided, of course, that the bank is on the list);
if experience in issuing guarantee documents is zero, act through a broker;
if the beneficiary himself recommends a particular institution, take his advice - your relationship with the customer will immediately become more trusting.

Another important detail is the territory of presence. It is more reliable to work with a bank from your region. This rule does not apply to the option to obtain an electronic guarantee.

Stage 2. Preparation of necessary documents

First, banks conduct a preliminary analysis. This is done in order to make a decision - to say "yes" or "no".

At this stage, the principal will be required to:

an application for a guarantee;
brief information about the company (well, if it has a website);
an extract from the Unified State Register of Legal Entities received no later than 30 days from the date of application for the issuance of a BG;
financial statements for the last year;
link to the tender (or a copy of the contract).

If the decision is positive, the bank will ask for other documents. For example, passports of managers or owners of the company, lists of shareholders, a copy of the company's charter, certificates from the tax office about the absence of debts, a complete package of documentation for a government contract.

Stage 3. Consideration of the application by the bank

The classic version requires registration of the BG within 2-3 weeks. During this time, banks check the reputation of the organization, analyze its financial situation, and are interested in work experience.

Stage 4. Conclusion of the contract

First, study the draft contract. If any points seemed doubtful or incomprehensible, you should ask for clarification from bank employees. It is much easier to remove unnecessary conditions from the draft than to try to fix the finished document retroactively after it has been signed.

When signing a contract, be extremely attentive to details.

The contract must specify all the main provisions regarding the BG. Namely, the rights and obligations of the parties, the terms, the size of the guarantee amount. If the guarantee is irrevocable (and the other in the case of a government contract will be invalid), this circumstance should be reflected in the contract.

Stage 5. Payment of remuneration

Banks require 1 before 10% from the amount of the guarantee in a lump sum or in the form of monthly payments during the entire period of validity of the document. If you work through a broker, he will also have to pay a percentage, so be prepared for expenses.

Stage 6. Issuance of a bank guarantee

The package of documents issued by banks, in addition to the guarantee itself, includes an agreement on the provision of BG, as well as a certified extract from the register of bank guarantees.

Such an extract confirms the authenticity of the guarantee. But just in case independently check the presence of your BG in the register of bank guarantees on the official website of public procurement. The customer will also do this after you transfer the guarantee to him.

4. Who provides services for issuing bank guarantees - an overview of the TOP-3 brokerage companies

Specialized companies will help you to issue a bank guarantee quickly and almost without your participation. This is the most reasonable option for those who have never received a BG before and do not want to waste time fussing with paperwork and negotiating with a bank.

Brokers know the market very well and will offer the client the most optimal variant of the document execution, corresponding to the specifics and needs of the company.

The only nuance that you should pay attention to: you need to choose only a reliable intermediary who works strictly within the law. You don't need a "grey" guarantee, do you?

Use our expert review, and you will not have problems with the authenticity of documents.

1) Bureau of tender decisions

Broker operating in Moscow and the region. The motto of the company is “Fast. Conveniently. Reliably." Works with guarantees 44-FZ, 223-FZ, 185-FZ, that is, draws up all types of guarantee documents. Guarantee amount - any.

The company's partners include 27 well-known banks, including Sberbank, VTB24, Promsvyazbank, Raiffeisenbank and others. Over the years, the Bureau of Tender Solutions has issued more than 900 guarantees worth more than 9 billion rubles. No pledges or guarantees. Calculate the cost of services on the site in advance using a special calculator.

Registration of any bank guarantee in 3 days in full accordance with the law. The company cooperates with 70 banks throughout Russia. Registration is remote, in electronic form. Payment - directly to the bank. The total commission is 2.5%.

Advantages of FLC:

search for individual solutions for each partner - your company will be chosen exactly the bank that is ideal for you according to the terms and conditions of the contract;
all BGs from this broker are official and entered in the state register;
the minimum number of requirements.

If you want to order a guarantee here, just fill out an application on the website, it will take less than a minute.

Guarantee documents for winners of state tenders. Works in the financial services market since 2013. Specializes in providing government contracts throughout Russia, operates strictly within the law. Offers "express registration" of the application with a guarantee of a successful response from the bank 95%. Each client is supervised by a personal manager who works quickly, professionally and always brings the matter to completion.

5. How to speed up the receipt of a bank guarantee - 3 useful tips

It's not easy to get a lucrative contract. Until the customer changes his mind and gives the contract to another contractor, you need to quickly draw up the necessary documents and consolidate your relationship with an official contract. You need to act quickly, including at the stage of securing the contract with a bank guarantee.

Expert advice will help you speed up the BG registration process as much as possible.

Tip 1. Use the services of brokerage companies

As you have already understood from the previous sections, intermediaries are able to speed up the process of issuing a guarantee by 2-3 times, and sometimes even more. Brokers have their own channels of interaction with banks and their own methods of working with documents.

By paying a few thousand rubles more, you will save time, plus you will not have to communicate with bank representatives and even visit a financial institution. Intermediaries will do everything for you.

If we act strictly within the framework of the agreements concluded, things will go faster. Customers and representatives of the bank have a more benevolent attitude towards contractors who clearly fulfill the terms of the contract.

One of the principles of 44-FZ is responsibility for the result and efficiency of procurement. In other words, the government customer needs guarantees that the winner of the tender will sign the contract and fulfill it in compliance with all the stated conditions.

There are two types of guarantees in public procurement:

- insurance in case the winner refuses to sign the won contract.
Enforcement of the contract- insures in situations where the supplier does not fulfill the contract or violates its terms.

There are two ways to secure a bid or fulfill a contract.

Deposit your own money as collateral. To secure the application - to, and to secure the contract - to the customer's current account. The money will be "frozen" until the winner of the tender is determined or all the conditions of the contract are fulfilled.
Provide a bank guarantee. The bank will reimburse the state customer for the guarantee amount in case of improper performance by the supplier of its obligations. A bank guarantee is issued in accordance with the requirements of 44-FZ, and the supplier pays a commission to the bank for receiving it.

What to choose to secure the contract - a cash deposit or a bank guarantee - is decided by the supplier.

When is a bank guarantee issued?

Bank guarantee to secure the application

The security is from 0.5 to 5% of the initial maximum contract price: the exact amount is always written in the procurement documentation.

The validity period of the bank guarantee provided as security for the application must be at least two months from the date of the deadline for submitting applications. Upon completion of the procedure, the commission for the bank guarantee is not returned to the supplier.

Bank guarantee upon performance of a contract in an electronic auction or tender

The winner of the electronic auction is obliged to sign the contract and provide a bank guarantee within 5 calendar days from the date the customer places the contract on the electronic trading platform.

The security amount is from 5 to 30% of the initial contract price or equal to the advance payment. In case of improper performance of the contract, the bank will pay fines and penalties to the customer for the supplier.

In any of the above cases, the bank guarantee is irrevocable, valid for a month from the date of fulfillment of obligations under the contract.

When can the customer demand payment under a bank guarantee?

The winner, having won the tender, refuses to sign the contract. At the same time, the participant secured the application with the help of a bank guarantee.
The supplier does not fulfill the contract or violates its terms. In this case, the customer must unilaterally terminate the contract or provide evidence that the supplier is violating the terms of the contract.

According to the legislation, the demand of the state customer for payment under the guarantee is extrajudicial, that is, it can be put forward directly to the contract executor within 1 month after the expiration of the period for fulfilling obligations under the contract.

Who can issue a guarantee?

Only financial institutions included in the list of the Ministry of Finance of the Russian Federation. Check in advance if the bank in which you have a current account is on this list.

The electronic agent Kontur.Spectrum will help you get. Prepare just one application, which will go to several banks. Compare the terms of guarantees and send documents to the bank directly from the service.

What will the bank require from the supplier?

To successfully and quickly obtain a guarantee, find out in advance the conditions of the bank: terms of issue, commission rates, a list of documents, and so on.

The reputation of the company is one of the most important conditions for issuing a guarantee. If the company works in good faith, pays taxes on time and reports to the regulatory authorities, it will certainly receive a bank guarantee.

To provide guarantees, most banks require the same list of documents from the client as for a loan:

constituent documents (Charter, PSRN, TIN),
full reporting on the financial condition and accounting for 1 year,
completed preliminary application,
purchase link.

For many banks, it is important that the procurement participant has an account opened in it. You also need to be prepared for this so as not to waste time negotiating with banks in which your company does not have an account.

In a bank with which good business relations have already been established, a bank guarantee can be issued according to a simplified scenario. As a rule, quarterly financial statements are sufficient for the financial analysis of a company.

How much does a bank guarantee cost?

The cost of a bank guarantee is determined individually and depends on:

its duration,
the degree of risk of payment on it,
the quality of ensuring the recourse claims of the bank to the client.

As a rule, the commission for issuing a guarantee is from 1% to 5% of the amount of the required security.

The term of receipt is from 1 day to several days. Recently, these terms are being reduced, as the bank guarantee becomes an increasingly popular banking product, and banks consider electronic applications.

Bank guarantee limit

Before participating in an electronic auction or competition, you can find out in advance whether the bank will give you a guarantee if you win. To do this, you need to contact the bank to set the limit of bank guarantees. In this case, the bank asks you for copies of documents and sets a limit. True, two conditions must be taken into account:

you will have to pay for setting a limit in some banks - about 1% of the guarantee amount,
if the financial statements worsen in the next quarter, you will not be issued a bank guarantee.

Setting a limit is helpful. Firstly, this will allow you to find out whether it is worth counting on receiving a bank guarantee in principle, and secondly, after you win the tender, the bank will make a decision to issue a guarantee much faster.

What to do if there are a couple of days left to receive?

It is important for the winner to have time to receive a bank guarantee on time. If you miss the deadline for signing the contract, there is a risk of being included in the register of unscrupulous suppliers. How to be in this case? Communicate with the bank via the Internet, and sign documents with a qualified electronic signature. It is much faster and more convenient than filing paper documents.

If you decide to participate in electronic auctions and competitions, study in detail the issue of obtaining a bank guarantee, find out your limit or calculate the cost of a guarantee in advance for each interesting purchase. Subject to the terms of the contract, there will be no claims from the state customer, and therefore no payments under your bank guarantee.

In the comments to the articles you can get answers from other suppliers, and experts will answer

Participation in a major tender or competition for a government order, and even more so a victory in it, is a big plus for the reputation of any company and, of course, a significant profit. However, not all organizations are aware (often even before submitting a tender) that a bank guarantee will most likely be required to enforce the contract. What is this tool, how to get a guarantee and how long it will take - read our article.

List of banks entitled to issue bank guarantees

A bank guarantee is one of the most common ways to minimize risks: if one of the parties to the contract fears that the other will not fulfill its obligations, then it has the right to request a bank guarantee as security. Essentially, it is a written promise from a bank or insurance company ( guarantor) pay the agreed amount of money to the customer of the goods or services ( beneficiary) on demand, if the contractor or supplier ( principal) violates the terms of the contract or refuses to fulfill it.

Public procurement is the most popular area of application of this obligation, so in the future we will focus on them. Thus, according to Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter - 44-FZ), financial security is necessary both at the stage of applying for competition, and to conclude a contract with the winner. In most cases, such security can be a bank guarantee. At the same time, it is beneficial to all parties: the bank receives a reward for issuing a document, the beneficiary receives a guarantee of damages in case of non-fulfillment of the contract by the principal, and the principal, in turn, may not freeze his own funds for the duration of the auction and execution of the order.

However, it should be noted that in order to use the guarantee to ensure participation in tenders and auctions held under 44-FZ, it must be in strict compliance with the law. It can only be issued by a bank, and not by any, but by the relevant requirements of part 3 of Article 74.1 of the Tax Code. So, today it is mandatory for the issuance of a bank guarantee:

the bank has a license from the Central Bank of the Russian Federation to carry out operations. In addition, financial recovery measures should not be applied to the bank;
the amount of own funds (capital) in the amount of at least 300 million rubles;
credit rating from “B-(RU)” by ACRA and from “ruB-” according to the scale of the rating agency “Expert RA”, assigned by the Bank of Russia as of the date of sending the information;
absence of debts on bank deposits placed at the expense of the federal budget;
participation in the system of compulsory insurance of deposits of individuals.

The list of credit institutions that meet all the specified parameters is established by the Ministry of Finance of the Russian Federation. As of February 1, 2019, it included 204 banks. Although at the beginning of 2018 this number reached almost 350 credit institutions. The current list of banks that have the right to issue bank guarantees can be found on the official website of the Russian Ministry of Finance: the data is updated four to five times a month, the list includes both federal and regional banks.

Conditions for issuing bank guarantees

Each bank has the right to independently determine most of the requirements and conditions under which a bank guarantee will be issued. We will consider the most common parameters found in most guarantors.

Requirements for the applicant

A bank guarantee has some similarities with a loan agreement: after all, if the beneficiary receives funds under it, the bank, in turn, will demand their return from the principal. Therefore, the system of requirements for the applicant is similar to those that are presented when obtaining a loan: the financial stability of the company, the absence of debts and overdue payments, a positive credit history, a long term of work, often - the provision of security or surety. In addition, the law requires the bank to check the information about the founder, director and chief accountant of the enterprise.

Guarantee period

According to No. 44-FZ, the guarantee must be valid for at least a month longer than the term of the contract. If a warranty period exists for the supplied product, it must also be included in the validity period. The calculation starts from the moment the document is received, unless otherwise stated in the guarantee itself.

As a rule, banks indicate for what period they are ready to issue collateral: for example, Sberbank issues bank guarantees valid from 1 to 24 months according to general rules and up to three years if the borrower meets additional requirements.

Issuance period

When applying to the bank on your own, the waiting time for issuing a bank guarantee is up to two to three weeks, depending on the financial situation of the principal, type of security, collateral provided and the chosen guarantor organization. There are also brokerage organizations that allow the client to issue a guarantee in a shorter time (from three days).

Bank commission for issuing a bank guarantee

The amount of remuneration to the bank for issuing a guarantee is on average 2-5%, but usually not less than 10-20 thousand rubles. Do not forget about additional payments that may be required: opening and maintaining a current account, fines and penalties for delaying the return of funds, payment in the event of a warranty event.

Loan currency

In most cases, a bank guarantee is issued in rubles, however, when working with foreign companies, by agreement of the parties, you can specify a different currency. The use of a "currency clause" is also popular: all payments are made in rubles, but are equivalent to some amount in foreign currency. For calculations, you can use both the official exchange rate on the day of the operation, and the fixed one.

Guarantee amount

According to 44-FZ, when participating in public procurement, the supplier is obliged to provide a security in the amount of 0.5 to 5% of the initial cost of the contract at the application stage and from 5 to 30% (but not less than the amount of the advance, if any) - as a performance security contracts. When working within the framework of the Federal Law of July 18, 2011 No. 223-FZ "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities", the maximum size of the guarantee is not established and is determined by the organizers of the auction.

Banks, in turn, independently determine the minimum and maximum amount of guarantees issued. For example, Sberbank does not consider applications for guarantees of less than 50 thousand rubles, but the upper limit depends only on the financial condition of the principal. VTB, on the other hand, sets the maximum guarantee amount at 150 million rubles with collateral or 30 million rubles without it, but does not indicate a lower limit. Bank "Credit-Moscow" indicates both extreme amounts - from 300 thousand to 10 million rubles.

Guarantee payment period

The period in which the guarantor is obliged to satisfy the requirements of the beneficiary for the payment of the agreed amount is usually indicated in the text of the bank guarantee. Most often, it is up to three months, but when issuing a guarantee secured by cash or bills of exchange, it can be only a few days.

Security

The Bank has the right to demand that the principal secure the issued guarantee. Real estate, transport, goods, securities or cash owned by the company most often act as collateral. As an alternative or in addition to a pledge of property, a bank may require a guarantee. Both the owners of the principal company and other persons, individuals or legal entities, can become guarantors.

Many banks also offer unsecured guarantees, but the commission in this case is usually higher, and the chance of approval and the maximum amount are lower.

Insurance

Insurance of property that serves as collateral when issuing a bank guarantee is usually not mandatory. However, for some categories of property, for example, when pledging farm animals, the bank may require insurance.

Penalty for late reimbursement of payment under the guarantee obligation

If the bank violates the terms of payment to the beneficiary, upon the occurrence of a guarantee event, he is obliged to pay a penalty. Its size is usually 0.1% of the amount of compensation for each day of delay.

Interest rate in the event of a warranty event

According to the general principle of a bank guarantee, if the principal has not fulfilled his obligations under the contract with the customer, the bank pays the agreed amount of compensation to the beneficiary. Further, the guarantor applies with recourse claims to the principal: he must return the amount spent to the bank, and with the payment of interest for the diversion of funds.

The interest rate, as a rule, is close to the usual rate for loans: its size depends on the financial performance of the principal, the availability of collateral - and usually ranges from 11-25% per annum.

The history of a bank guarantee is not very long - in our country, the first mention of bank guarantee obligations appeared during the NEP, that is, in the 20s of the XX century. However, other ways of securing contracts have been known to mankind for a long time (even at a time when the word "contract" did not yet exist). So, even in the Holy Roman Empire, a builder who was hired to build a house had to provide a guarantee from the city authorities or from previous clients. The guarantee stated that the contractor was honest, did not steal building materials, and completed the work on time.

The procedure for issuing a bank guarantee

To obtain a guarantee, the applicant will have to go through many stages, each of which has its own characteristics and takes a certain amount of time.

Analysis of compliance with bank requirements and collection of documents. Of course, it all starts with the question of which bank is better to apply for collateral. The answer will depend on many factors: the state of the company, the requirements of the organizers of the auction, the required amount. The duration of this stage is individual for each case: for someone it takes just a couple of days, someone for weeks is looking for the best offers on the conditions for issuing a bank guarantee from banks from the top 25 rating. It is advisable to start the analysis and collection of a standard package of documents in advance, immediately after the decision to participate in the auction. As a rule, you will need papers of the following types:
- legal- a certificate of registration of a legal entity, an extract from the Unified State Register of Legal Entities, certified copies of the passports of the founders and the head, the charter, a certificate of registration with the tax authority, as well as certificates of no debts to budget and extra-budgetary funds;
- financial- accounting reports on forms 1 and 2 for the last year for enterprises on the general taxation system or a tax return and an extract from the book of income and expenses for companies on the "simplification";
- information about the tender- links to the ongoing competition or auction, draft contract, etc.;
- documents confirming the reliability of the principal,- this list usually includes documents that testify to the company's experience, its position in the market, previous participation in auctions and completed contracts, customer reviews, etc. Also, if there is collateral, documents on ownership of it, appraisal acts .
Transfer of documents to the bank. After collecting all the necessary documents, the applicant submits them to the bank - this stage, most often, takes place in one day. However, sometimes the guarantor requires additional paperwork, and then the time costs will increase by the period necessary for their preparation.
Analysis of documents in the bank and making a decision. At this stage, the bank checks the accuracy of all the information and documents provided, assesses the solvency of the company and decides whether to issue a bank guarantee or refuse the applicant. Formally, the review period is about seven days, but often these terms are extended to two to three weeks if additional checks are necessary.
Conclusion of a contract and issuance of a guarantee. After the approval of the application, the company is provided with information about the personal conditions for issuing a guarantee, interest rates, as well as its project. After the final agreement, the principal concludes an agreement with the bank and pays the agreed amount of remuneration. Then there is the actual transfer of the guarantee to the applicant.
Entry of guarantee data into the Register. According to the legislation, after issuing a guarantee, the bank is obliged to enter the relevant data in the general register. This has a time limit of one day. This stage is final, and immediately after its completion, the principal can use the bank guarantee for its intended purpose.

Of course, obtaining a bank guarantee is an extremely beneficial way for organizations to ensure their participation in the auction. However, the process of issuing such a document is quite lengthy and usually exceeds the deadline for concluding a contract, during which the contractor is obliged to provide security. Therefore, most companies are forced to resort to various methods to reduce the time it takes to receive a bank guarantee.

1.1. When establishing requirements for banks, the Government of the Russian Federation establishes requirements for the amount of own funds (capital) of a bank and the level of credit rating assigned to a Russian credit institution by one or more credit rating agencies, information about which is entered by the Central Bank of the Russian Federation into the register of credit rating agencies, according to the national rating scale for the Russian Federation in accordance with the methodology, the compliance of which with the requirements of Article 12 of the Federal Law of July 13, 2015 N 222-FZ "On the activities of credit rating agencies in the Russian Federation, on amendments to Article 76.1 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" and the invalidation of certain provisions of legislative acts of the Russian Federation" was confirmed by the Central Bank of the Russian Federation.

1.2. The list of banks that meet the established requirements is maintained by the federal executive body for regulation of the contract system in the field of procurement on the basis of information received from the Central Bank of the Russian Federation, and is subject to posting on the official website of the federal executive body for regulation of the contract system in the field of procurement in the information and telecommunications network "Internet". If circumstances are revealed that indicate that a bank not included in the list complies with the established requirements or that a bank included in the list does not comply with the established requirements, such information is sent by the Central Bank of the Russian Federation to the federal executive body for regulating the contract system in the field of procurement within five days from the date of detection of these circumstances to make appropriate changes to the list.

ConsultantPlus: note.

Part 1.3 Art. 45 (as amended by the Federal Law of December 27, 2019 N 469-FZ) applies

1.3. During the period of implementation of the plan for the participation of the Bank of Russia in the implementation of measures to prevent the bankruptcy of a bank included in the list of banks provided part 1.2 of this article, as of the date of approval of the said plan, the applications and execution of contracts may be secured by bank guarantees of such a bank, regardless of the compliance (non-compliance) of such a bank with the requirements established in accordance with part 1.1 of this article, subject to the decision of the Board of Directors of the Central Bank of the Russian Federation on guaranteeing the continuity of the activities of such a bank.

ConsultantPlus: note.

Part 1.4 Art. 45 (as amended by Federal Law No. 469-FZ of December 27, 2019) also applies to banks for which, before December 28, 2019, plans for the participation of the Bank of Russia in the implementation of measures to prevent their bankruptcy are approved and the continuity of their activities is guaranteed during the implementation period of the plans.

1.4. During the period of implementation of the plan for the participation of the Bank of Russia in the implementation of measures to prevent the bankruptcy of a bank included in the list of banks provided for by Part 1.2 of this Article, as of the date of approval by the Board of Directors of the Central Bank of the Russian Federation of the said plan, such a bank shall not be excluded from the said list, subject to the adoption by the Board directors of the Central Bank of the Russian Federation decisions on guaranteeing the continuity of the activities of such a bank.

ConsultantPlus: note.

Part 1.5 Art. 45 (as amended by Federal Law No. 469-FZ of December 27, 2019) also applies to banks for which, before December 28, 2019, plans for the participation of the Bank of Russia in the implementation of measures to prevent their bankruptcy are approved and the continuity of their activities is guaranteed during the implementation period of the plans.

1.5. Information on the fact and date of approval of the plan for the participation of the Bank of Russia in the implementation of measures to prevent the bankruptcy of a bank included in the list of banks provided for in Part 1.2 of this Article, and information on the fact and date of the adoption by the Board of Directors of the Central Bank of the Russian Federation of a decision to guarantee the continuity of the activities of such a bank in during the implementation period of the specified plan are sent by the Central Bank of the Russian Federation to the federal executive body for regulating the contract system in the field of procurement no later than within five working days following the day the said decision is made.

ConsultantPlus: note.

Part 1.6 Art. 45 (as amended by Federal Law No. 469-FZ of December 27, 2019) also applies to banks for which, before December 28, 2019, plans for the participation of the Bank of Russia in the implementation of measures to prevent their bankruptcy are approved and the continuity of their activities is guaranteed during the implementation period of the plans.

1.6. If a bank included in the list of banks provided for by Part 1.2 of this article, as of the date of approval of the Bank of Russia’s participation plan for such a bank in the implementation of bankruptcy prevention measures, is excluded from the said list before the day the Board of Directors of the Central Bank of the Russian Federation makes a decision on guaranteeing the continuity of the activities of such a bank during the period of implementation of the plan for the participation of the Bank of Russia in the implementation of measures to prevent the bankruptcy of the bank, such a bank is included by the federal executive body for regulating the contract system in the field of procurement in the specified list no later than within five working days following the day receipt from the Central Bank of the Russian Federation of the information specified in Part 1.5 of this Article.

2. The bank guarantee must be irrevocable and must contain:

1) the amount of the bank guarantee payable by the guarantor to the customer in the cases established by Part 15 of Article 44 of this Federal Law, or the amount of the bank guarantee payable by the guarantor to the customer in case of improper performance of obligations by the principal in accordance with Article 96 of this Federal Law;

2) obligations of the principal, the proper fulfillment of which is secured by a bank guarantee;

3) the obligation of the guarantor to pay the customer a penalty in the amount of 0.1 percent of the amount of money payable for each day of delay;

(see text in previous edition)

4) the condition according to which the fulfillment of the obligations of the guarantor under the bank guarantee is the actual receipt of funds to the account on which, in accordance with the legislation of the Russian Federation, operations with funds received by the customer are recorded;

(see text in previous edition)

6) a suspensive condition providing for the conclusion of an agreement for the provision of a bank guarantee for the principal's obligations arising from the contract upon its conclusion, in the event that a bank guarantee is provided as security for the performance of the contract;

7) the list of documents established by the Government of the Russian Federation, provided by the customer to the bank simultaneously with the requirement to pay the amount of money under a bank guarantee.

3. In the case provided for by the notice of procurement, procurement documentation, draft contract concluded with a single supplier (contractor, performer), the bank guarantee shall include a condition on the right of the customer to an indisputable debit of funds from the account of the guarantor, if the guarantor fails to more than five working days, the customer's demand for payment of the amount of money under the bank guarantee, sent before the expiration of the bank guarantee, has not been fulfilled.

ConsultantPlus: note.

Part 3.1 Art. 45 (as amended by the Federal Law of December 27, 2018 N 502-FZ) applies to purchases, notices of which are posted, invitations are sent after 07/01/2019, and by agreement of the parties - to relations under contracts, purchase notices for which are posted, invitations are sent until 07/01/2019.

3.1. In accordance with Parts 7 and 7.1 of Article 96 of this Federal Law, the amount of the contract performance security provided in the form of a bank guarantee shall be reduced by the customer by waiving part of his rights under this guarantee. At the same time, the date of such refusal is the date of inclusion of the information provided for by Part 7.2 of Article 96 of this Federal Law in the relevant register of contracts provided for by Article 103 of this Federal Law.

4. It is prohibited to include in the terms of a bank guarantee a requirement that the customer submit to the guarantor judicial acts confirming the principal's failure to fulfill the obligations secured by the bank guarantee.

5. The customer considers the received bank guarantee within a period not exceeding three working days from the date of its receipt.

(see text in previous edition)

6. The basis for refusal to accept a bank guarantee by the customer is:

1) the absence of information about the bank guarantee in the registers of bank guarantees provided for by this article;

(see text in previous edition)

3) non-compliance of the bank guarantee with the requirements contained in the notice of procurement, invitation to participate in the selection of the supplier (contractor, performer), procurement documentation, draft contract, which is concluded with a single supplier (contractor, performer).

7. In case of refusal to accept a bank guarantee, the customer, within the period established by part 5 of this article, informs in writing or in the form of an electronic document about this the person who provided the bank guarantee, indicating the reasons that served as the basis for the refusal.

(see text in previous edition)

8. A bank guarantee used for the purposes of this Federal Law, information about it and the documents provided for by Part 9 of this Article must be included in the register of bank guarantees posted in the unified information system, with the exception of bank guarantees specified in Part 8.1 of this Article. Such information and documents must be signed with an enhanced electronic signature of a person entitled to act on behalf of the bank. Within one working day after the inclusion of such information and documents in the register of bank guarantees, the bank sends the principal an extract from the register of bank guarantees.

(see text in previous edition)

8.1. The information on bank guarantees provided for by Part 9 of this Article is not posted on the official website, and when purchasing goods, works, services, information about which constitutes a state secret, it is included in the closed register of bank guarantees, which is not posted in the unified information system and on the official website .

(see text in previous edition)

8.2. Additional requirements for a bank guarantee used for the purposes of this Federal Law,