Warranty in Moscow
Bank guarantee - This is a special type of ensuring financial obligations. This warranty is governed by its own legal norms that are clearly spelled out in legislation. The guarantor may not only be banking, but also a microcredit, insurance, as well as a different organization that trusted counterparties under the contract.
From generally accepted guarantees, the bank guarantee is different in that it is not part of the contract for which guarantee takes place. This type of guarantee today is the most acceptable in transactions committed in tenders and auctions.
In addition, this tool is important when participating in the auctions and tenders when the provision of a bank guarantee is the only way to conclude a profitable contract.
In 2015, amendments were made to the Law on Bank Guarantee, which replaced the definition of a "bank guarantee" on "Independent Guarantee". Thanks to this change, now guaranteeing the fulfillment of obligations under the contract may not only be the bank, but also any other organization that enjoys confidence from counterparties.
Under this guarantee, the organization, a guarantor, assumes obligations to pay a certain monetary compensation Beneficiary at the request of the principal in accordance with the terms of the contract.
Thus, a bank or other credit organization shall be fully responsible for the fulfillment of the terms of the contract by the Principal.
Bank guarantee is primarily minimizing risks at the conclusion of contracts, both with state and commercial enterprises.
Essence Bank guarantee
The bank guarantee is a financial instrument that can ensure the fulfillment of its financial obligations of one of the participants of the transaction. This guarantee means that a bank or other organization provides its consent to monitoring the conditions under the contract.
In the case when a financial organization's client does not fulfill its obligations under the contract, a bank or other independent organization, the guarantor is carried out material responsibility for damages to the second side of the transaction. Thus, an independent warranty gives participants a mutual guarantee of fulfillment of obligations under the contract.
Today, the bank guarantee is most in demand in the sector of large financial transactions. It is with such transactions that there are high risks to failure to fulfill the obligations of the contract. Also without this obligation it is impossible to carry out transactions that fall under 44 and 223 ФЗ. Warranty can not be framed with the lack of financial
obligations. A bank or other organization that takes on the risks of non-compliance with the contract may refuse to design warranty support. However, if the guarantee is already framed, a bank or other organization is not entitled to make any amendments and changes, and also does not have the right to withdraw or cancel the warranty.
The main advantage of the bank guarantee is the ability to use it as a guarantor in transactions foreign trade. At the same time, the guarantee may be significantly less than the sum of the general contract. This is possible when the goods comes under the contract not at the same time, but partly. In this case, the amount of warranty must comply with the amount of one-time delivery.
Thus, this agreement is an irrevocable guarantee. Registration of a bank guarantee and its requirements to all participants of the contract are determined in 223 and 44 of the FZ of the Russian Federation. The warranty is an official document and must be registered with the Central Bank.
Features of receiptbank guarantee in Moscow
When making a bank guidance, it is necessary to indicate who is a principal, without this data, the warranty does not have legal force.
This financial operation Regulated by the guarantor.
In addition, this document must comply with the requirements of the Law on banking activities Russian Federation.
The specialists of the company "MLBK" will provide support at all stages of obtaining guarantee!
Independent guarantee - This is a document decorated in unilaterally. The duration of the document is clearly registered in the contract and is not subject to change or extension. After expiration, the document is considered invalid.
At the same time, the bank guarantee cannot be taxed by VAT, because it is fundamentally different from other financial transactions.
Banking guarantee It is issued for a remuneration that averages from 3 to 7% per annum. The amount of remuneration is calculated for each client individually and depends on the period and the amount of warranty obligations.
Package of documents For warranty
To obtain a bank guidance, it is necessary to provide the following documents:
- Tender documents.
- Tax certificate.
- Copy of Iin and OGRN.
- Pack of title documents.
- Declaration of income and expenses or form 1 and 2 over the past 4 reporting periods.
With this package of documents, you can get the primary approval of the bank guarantee.
If necessary, the Bank may request additional documentation.
We provide the most profitable terms cooperation due to close partnerships with a number of banking structures
Get a bank guarantee in Moscow for 3 days
When receiving guarantee from the bank, the time plays a big role. It is because of temporary wires it is often possible to miss a profitable contract. That this does not happen to contact professionals.
Our company assists in obtaining a bank guarantee for many years.
- 100% legal bank guarantees.
- The production of all guarantees on the Balance of the Central Bank of the Russian Federation.
- Approval for 2 hours.
- Issue for 3 days.
- Without collateral and opening the current account.
Thanks to our close cooperation with nearby financial organizations We can significantly reduce the timing of obtaining the necessary guarantee.
In addition, our specialists will provide you with full support at all stages of design. banking services, Optimal selection credit conditions, submitting documents to the bank and receiving a finished guarantee.
You can also count on free consultation For all issues related to lending to legal entities.
Our company works only with proven financial organizations that comply with the requirements of the specified article 74 p 1 Tax Code of the Russian Federation.
It is advantageous and comfortable to work with us and comfortable, we will make all the work of the bank guarantee for you, and you will only have to work on your projects and for the benefit of your company.
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Functioning of the mechanism for issuing guarantees by credit risks applies to all elements financial system And playing important role in corporate and public finance. Parental companies usually guarantee debentures His subsidiaries. Commercial banks and insurance companies They offer for the appropriate guarantee fee for a wide range of financial instruments, starting with traditional letters of credit and ending with interest rates and currency swaps.
Governments and government structures are as a rule as the largest warranty institutions. Even in the United States of America, where the philosophy of limited interference dominates state Structures In the private sector, federal and local authorities provide a wide range of financial guarantees. The most important among them, both in economic and politically, is insurance bank deposits. However, warranties are widely used in other cases. In the corporate sector, the government guarantees the debts of small businesses, in some cases it was done for very large enterprises. Pension Benefit Guarantee Corporation (PBGC) provides limited warranties. pension payments. As other types of non-corporate commitments, the execution of which is guaranteed by the US government, can be called mortgage loans For the construction of housing, loans for farmers and students. The US government also provides as a form of international assistance guarantees on the debts of other states.
However, the warranty mechanism is even wider than we can assume such a list of obvious guarantees. Each time, when concluding a credit transaction, its participants provide implicit guaranteeing this transaction. In order to make sure that we consider the basic identity that is performed both from the formal and from the actual point of view.
Rolved loan + loan return guarantee \u003d credit, risk outstanding (risk-free loan)
Risky credit \u003d risk-free loan - credit guarantees
Thus, every time in America loans (in dollars) are provided to anyone with the exception of the US government, creditors implicitly sell and guarantee these loans. In the light of this, the implementation of credit operations consists of two, different in functionality, transactions: providing a risk-free loan and accepting the risk of non-payment on him.
For a more detailed consideration of this point, it may be useful to split credit activities into two stages:
(1) the acquisition of warranty and
(2) Getting a loan.
Suppose you guarantor and creditor are two different subjects. At the first stage, the borrower buys at a guarantor for $ 10. The guarantee of the loan return. In the second stage, the borrower presents this guarantee to the lender and receives a loan of $ 100 under the harsh interest rate 10% per annum. Borrower as a result pure sum in ($ 100 - $ 10) $ 90 in exchange for the obligation to return 110 dollars in a year.
Of course, often as a lender and the guarantor is the same subject, for example commercial BankAnd the borrower simply receives $ 90 in the bank, assumed to pay $ 110 in a year. The promised interest rate on such a loan is in this case 22.22%, and is defined as follows: ($ 110 dollars) / $ 90 dollars. This proposed bid reflects both a risk interest rate and a guarantee fee. In order to make sure that there are two different actions here, pay attention to the fact that the owner of risky debt can buy a warranty from a third party for $ 10. Cumulative investments of the lender in this case will amount to $ 90. +10 dollars \u003d $ 100 ., And the guaranteed payment will be $ 110
Thus, in reality, obtaining any loan is inherently equivalent to obtaining the actual risk-free loan and simultaneously providing the guarantee of the repayment of this loan. In essence, the lender issues a risk-free loan, simultaneously reducing it by the amount of warranty required to ensure its return. The ratio of warranty and risk-free loan can change greatly. Purchase of high-end bonds (AAA class) is practically equal to the provision of risk-free loan. Only a very small component of such a loan is to be guaranteed. In the opposite case, the debt obligations of a low class, or, in otherwise, the "bang" bonds contain, as a rule, the larger share of the warranty component.
The warranty is also present at the conclusion of other financial contracts, and not just loans. For example, when concluding swap contracts, the guarantee of fulfilling its obligations assumed by its parties is often provided with a third party speaking as financial intermediary. If such a warranty is not provided, each of the parties provides a de facto guarantee of fulfillment of obligations. Since firms that do not specialize in financial activitiesAll wider use such contracts, their managers need to better understand the methods of effective management associated with obvious and implicit guarantees.
To analyze management such guarantees, you can use the theory of pricing options. Guarantees are similar to "Put" options. The guarantor (guarantor) must implement financial instrument cash paymentIf his issuer is not able to do it. The losses that the guarantor are equal to the difference between the obligations under the contract, which he guaranteed, and the revenue from the sale of the debtor's assets to be implemented, acting as its security or collateral (collateral) on this obligation.19 this difference is called a deficit (shortfall). Usually about the insolvency of the debtor testifies the positive deficit.
Consider, for example, the profit obtained by providing any particular warranty. If the value of the collateral, including assets V, exceeds the payments provided by guaranteed obligations, the guarantor leaves this difference and does not pay anything from its own funds. However, if the cost of assets is less than the following on the obligations of payments, the guarantor should pay the difference, E - V. The maximum income received by the guarantor is equal to the premium plus interest obtained by attaching a premium before the payment of losses or the expiration of the guarantee. This maximum income is reduced by deficiency or losses resulting from the insolvency of the credit recipient. Maximum losses for the guarantor can be equal with the value of the payment following obligations. Thus, the function determining the income of the guarantor has the kind of P - MAX)
