in the bank register. What is and where can I find the register of bank guarantees? Unified Register of Bank Guarantees

Register of bank guarantees- this is an electronic resource containing a list of banks and a list of bank guarantees issued by them to secure obligations to fulfill municipal and state contracts (hereinafter referred to as BG) (clause 8 of article 45 of the Federal Law “On the contract system in the field of procurement ...” dated 04/05/2013 No. 44-FZ, hereinafter - Law No. 44-FZ).

Register of bank guarantees (44-FZ) is conducted in the Unified Information System in the field of procurement (hereinafter referred to as the UIS), but since 07/01/2018 it has not been published on the official website on the Internet (see clause 8.1 of Article 45 of Law No. 44-FZ).

The procedure for the functioning of this register is regulated by the Rules for maintaining and placing in the EIS in the field of procurement register of bank guarantees, approved Decree of the Government of the Russian Federation "On Bank Guarantees ..." dated November 8, 2013 No. 1005 (hereinafter referred to as the Rules).

The list of information and documentation to be entered in the register of bank guarantees is established by clause 9 of Art. 45 of Law No. 44-FZ, as well as paragraph 4 of the Rules.

Register of the Ministry of Finance: verification of banks issuing bank guarantees

The requirements for banks that have the right to issue bank guarantees in the field of public procurement are approved by Decree of the Government of the Russian Federation No. 440 dated April 12, 2018. The bank must have:

• own capital of at least 300 million rubles;
• a credit rating not lower than "BB-(RU)" of the Analytical Credit Rating Agency (JSC) and/or not lower than "ruВВ-" JSC Rating Agency "Expert RA" according to the rating scale for the Russian Federation.

Until 01/01/2020, less stringent rating requirements apply. It must be at least "B-(RU)" or "ruВ-", respectively.

The current list of banks can be found at the Ministry of Finance of Russia. This list is updated on a regular basis. This list indicates the organizational and legal form of the bank, its name and registration number.

Who should check the warranty before posting on the official website

Before the provided BG is included in the unified register of bank guarantees, it must be checked by the Federal Treasury for:

• availability of documents and information provided for in clause 4 of the Rules;
• the presence of an enhanced unqualified electronic signature of an authorized person on the part of the guarantor in the documentation provided;
• compliance of the method of preparing information and documentation with the regulations established by clause 18 of the Rules.

This verification is carried out automatically within 3 hours from the moment the above documents and information are entered into the register of bank guarantees.

If the results of the check are positive, a corresponding entry in the register is formed (updated). If errors are found, the registry entry cannot be formed, and the Federal Treasury notifies the appropriate bank of the named result within 3 hours from the moment the protocol was generated.

How to check a bank guarantee for a customer

When checking the BG, it is necessary to rely on the following rules:

• the bank that sent the BG must be entered in register of bank guarantees, which is conducted by the Ministry of Finance of the Russian Federation;
• BG be irrevocable and reflect the information provided for in paragraphs 2 and 3 of Art. 45 of Law No. 44-FZ;
• the BG should not provide for requirements for the customer to present to the bank acts of the court confirming the failure to fulfill the obligations secured by the BG (clause 4 of the named article).

The customer can check the BG for compliance with the listed criteria within 3 working days from the moment it was sent. If the BG does not meet at least one of the above requirements, then this circumstance serves as a reason for the customer's disagreement in accepting the BG. Also, the customer does not accept the BG if it does not meet the requirements of the procurement documentation (subclause 3, clause 6, article 45 of Law No. 44-FZ).

If the customer decides to reject the BG, he must notify the relevant guarantor within 3 business days in writing or electronically. At the same time, the notice indicates the reason why the customer refused to accept the BG.

In this way, register of bank guarantees on the official website of the EIS in the field of procurement since 07/01/2018 is no longer published.

Although register of bank guarantees is no longer publicly available on the EIS website. You can check the bank for compliance with the requirements of the law for it as a guarantor on the official website of the Ministry of Finance.

15.04.2019

Now the register of bank guarantees is at the link http://zakupki.gov.ru/epz/bankguarantee/extendedsearch/search.html

Until July 1, 2018, anyone could check the authenticity of the BG at the place where the state order is placed - on the EIS website, in the corresponding register. From July 1, in accordance with part 8.1 of Article 45 of the 44-FZ and clause 3 of the Rules approved by Government Decree No. 1005 of November 8, 2013, information on issued bank guarantees that are provided as security for applications and security for the performance of a contract is not posted on the official website of the United information system.

In addition, information on bank guarantees contained in the Republic of Kazakhstan (the unique number of the register entry of the bank guarantee, information on the return of the bank guarantee by the customer to the guarantor or on the notification sent by the customer to the guarantor of the release of the obligation under the bank guarantee, or other information), in the Register of agreements on carrying out a major overhaul (the unique number of the bank guarantee registry entry) and to be included in the RBG, from 07/01/2018 is also not subject to placement on the government order portal - the official website of the EIS, in its open part.

Now information about bank guarantees is not published in the open part of the EIS. But it is in the closed section of the site where the state order is placed.

And customers can check the bank guarantee in the Personal Account on the website of the information system, and procurement participants, in accordance with part 8.1 of Article 45 of 44-FZ, must receive from the bank that issued the bank guarantee for them an extract from the register of bank guarantees. The bank is obliged to do this within one working day after the information on the issued guarantee is included in the register.

From June 1, 2018, bank guarantees can only be issued by financial institutions that meet the requirements established by Decree of the Government of Russia No. 440 dated April 12, 2018. These are the following requirements:

The bank must have own funds in the amount of at least 300 million rubles and a rating of at least BB- (RU) according to the national rating scale of the rating agency ACRA - Analytical Credit Rating Agency, and a credit rating of at least RuBB- according to the national rating scale of the Expert RA agency.

These requirements are set until January 1, 2020, and can be found on the website of the Ministry of Finance. At the beginning of August, there were 184 banks on this list.

Update from 03/28/2019

To minimize the risks of loan users, a unified register of bank guarantees was created ( further RBG). It was created to control the state. procurement.

This phenomenon is a forced measure provided for by the legislation (FZ-44), since there have been cases when credit organizations (operating under a contractual system) issuing invalid collateral caused trouble for businessmen.

RBG is a legal way to protect clients from receiving false documents. The main part of the BG from 80 to 90% is issued to ensure government orders.

The founder of its formation is fed. Antimonopoly Service of Russia (FAS). The Treasury of the Russian Federation maintains the register according to FZ-44 and is responsible for its placement (EIS). At the moment, RBG takes into account more than one million records. It is useful to both the supplier and the customer.

The customer will be able to check the legality of the BG, and the participant in the purchase will be able to make sure that the bank that issued the guarantee to him is reliable. Credit institutions will issue security only to decent and financially stable clients who have no problems with the law.

RBG is a database (electronic form), which is located in the EIS (unified information system). Data on credit institutions of the Russian Federation and the collateral issued by them are entered there.

Complete registry of BGs on the territory of the Russian Federation

A bank guarantee for this area is a written obligation of a credit institution to pay a specific amount of money to a client if the conditions in the contract are not properly met. Most often, such documents are used to provide applications for closed bidding and tenders (according to the law). The participant does not need to withdraw the money that the turnover of financial resources contains, and he also has the right to hope to receive even larger contracts without putting his business at risk.

What RBG contains

1. List of all BGs
2. Information about all existing guarantees issued by credit institutions (for those who won tenders).
3. Name, address of the credit institution with details.
4. Details of the recipient of the security.
5. Information about the person to whom the guarantee was issued.
6. Obligations of a credit institution.
7. The amount of compensation (forfeit) that the bank must pay if the contract is not executed in due time
8. The period when compensation must be paid (minimum two and a half calendar months from the end of the period when applications were submitted).
9. Document copy.
10. The amount of the guarantee amount that will be valid after being entered into the account.

A credit institution must, within one day after the document is issued, enter its data into the RBG. The proof that the relations between the parties of economic relations are concluded is the contract, which certifies the electronic signature. Further, the customer will accept it for a guarantee and will be able to conclude an agreement.

How did the register of bank guarantees appear?

The date of its creation is April 2014. After FZ-44 was adopted, a mandatory measure for all banks is the placement of BG in the register. Experts believe that its appearance can reduce the likelihood of problems in the execution of state contracts (as well as the municipal sector).

For the area of ​​state procurement, this is beneficial, since it has become possible to legally take into account the BG, excluding all possible methods of fraud. First, this registry was tested in the Moscow region.

Now it operates free of charge for credit institutions (this also applies to government customers and suppliers).

How is BG entered in the register?

Its creators managed to make a user-friendly service with built-in trading platforms (electronic form). The client will be able to easily check whether the security is genuine or not, to view the information he needs. If the document does not find a list of guarantees (RBG), this gives the right to refuse this GB, because. participating in public procurement, having false security in hand, can disrupt the auction, appear on the black list for a period of 2 years. To check the BG, the customer has a period of three working days.

Algorithm for entering BG into the registry

1. The bank guarantee must reach the RBG no later than one day from the date of conclusion of the contract. The activities of credit institutions in this area are controlled by the government in the field of:
2. issued guarantees are controlled by the government in terms of:
3. Algorithm for publishing data on BG.
4. Auxiliary conditions for issuing guarantees.
5. General type and rules for payments on issued collateral.

The executive power of the Russian Federation exercises control over any changes, reforms (the area of ​​activity of the system of accounting for the BG).

Working with the registry

We perform the following procedures:

1. We draw up a conclusion with the DKP (Department of Competition Policy).
2. We will certify the contract with the help of e-mail. signature, which must be issued in a specialized center.
3. Follow the procedure for publishing information on issued collateral in the RBG.
4. Enter information on the bank into the account, acquire the status of a guarantor.
5. Enter BG.

Types of RBG

• Open type (information on it is provided for everyone and is contained on the official website of the unified information system zakupki.gov.ru).
• Closed type (posts information on bank guarantees that are submitted to ensure applications, execution of contracts), when they have information that is state. secret.

Government customers have the right to receive BG from credit institutions that are on the list of banks that meet certain criteria (according to the Tax Code of the Russian Federation):

1. License from the Central Bank of Russia.
2. Banking activity for at least five years.
3. SC is not less than one billion rubles.
4. Compliance with prerequisites for the last six months.
5. When measures are not required to reorganize the financial work.

A list of such banks (with regular updates) is contained in the official. website of the Ministry of Finance of the Russian Federation.

To check the BG for authenticity, you must

1. Inspect the credit institution that issued the security, which should be on the official website of the Ministry of Finance of Russia. He himself does not issue BGs, but by his standards creates a list of banks that have the right to this operation, using an electronic or printed form for issuing a document.
2. View the “Purchases” gov.ru website, then, on its main page on the left, we first look at the “purchases” section, then we find the register itself, on which your security should be (according to the law). There is a maximum period of one business day for the institution that issued the guarantee to place it in the register. If this does not happen, you need to contact the bank and clarify the situation.
3. View the status of the BG in the RBG, for this you can use the registry entry number or the name of the credit institution, the registry number of the contract, the name of the supplier, the number of the notice of purchase.
4. The Refine Parameters button will help you refine the details of your collateral.
5. If an in-depth search is required, use "advanced search". To do this, click on the appropriate hyperlink. You have the right to specify here: data on the guarantor credit institution, supplier, beneficiary customer, use additional parameters. Next, search for information using the "find" button.

Information about the issued collateral that contains the RBG has the following form.

The entry contains:

• the amount of money BG
• registry entry number
• bank security number
• date the guarantee was issued
• information about the supplier, customer, guarantor bank
• serial number of the notice
• the period when the BG is valid

When you need to use detailed information on a bank guarantee, the "information" link will help you. The text of the guarantee must contain a clause on its irrevocable. The BG shall not be required by the organizer of the auctions to provide supporting judicial documentation of the supplier's failure to fulfill the obligations of the supplier (according to part 4 of article 45 of the Federal Law No. 44).

Purchases by Fed. Law No. 223 differs in that in this situation, the legislation does not impose an obligation on banks to enter information about issued collateral in the RBG. However, it is not uncommon for clients to specify this requirement in their procurement documents (to minimize transaction risks).

New technologies: within the framework of the international conference "Digital Banking" (Minsk, April 19, 2017), according to Taras Nadolny, it is planned to use the "blockchain" method in the RBG (which will help the formation of a registry for transactions with securities).

Reliable credit institutions with a good reputation, which are listed by the Ministry of Finance of Russia, will help you when ordering a bank guarantee. Turning to specialists in their field will be able to minimize possible risks in the implementation of transactions.

The legal basis for maintaining the Unified Register of Bank Guarantees is the law "On the contract system ..." dated April 5, 2013 No. 44-FZ. In accordance with Part 8 of Art. 45 of this regulatory act, information on guarantees is subject to mandatory entry in the register, which is located on a single information resource.

The following information is included in the register (part 9 of article 45 of the Federal Law No. 44):

• information about the bank, including its name, address, TIN;
• information about the contractor (supplier);
• the amount of guarantee obligations;
• validity;
• a copy of the guarantee in electronic form.

If the information is classified, then a copy of the document and other information provided by law are included in a special closed register.

Where can I find the registration number of the bank guarantee?

As already noted, the legislator fixed the obligation of the guarantor to register a bank guarantee in the register, respectively, all guarantees are located there. The bank is obliged to provide information on the registration of the document to the principal within 1 day. Not only the registry number is reported, but also an appropriate extract is provided confirming the fact of registration of the document in a single system.

Don't know your rights?

Access to registry information is open. The information resource is posted on the official website of the EIS in the field of procurement at www.zakupki.gov.ru. The search can be carried out both by the register number and by additional information that allows to identify the document (for example, by the purchase number, the name of the contractor, the name of the bank, the date of placement, etc.).

How to check the information in the register by bank guarantee number and other details?

To search for information about the guarantee, go to the official website of the EIS in the field of procurement and indicate the registry number in whole or in part. If the identifier assigned during registration in the unified register is not known, the verification is carried out according to other known criteria, including:

• document status;
• type of collateral;
• registration code assigned by the guarantor;
• date of issue (placement, update) and validity period;
• amount of obligations;
• names of the parties;
• purchase notice number;
• purchase or contract code.

The registry code is assigned only at the time of registration in the EIS in the field of procurement in accordance with the application of the bank. In its absence, identification is made by the registration number of the document assigned by the bank at the time of issue. The bank guarantee in this case is also genuine, since civil law does not indicate the presence of such an identifier as a prerequisite for this.

In conclusion, we note that a search in the unified register is available in relation to guarantees for obligations under Federal Law No. 44, since information is entered by virtue of law. Guarantees provided as collateral for other obligations are not entered in the specified register. In this case, the registry code will be absent, and information about the issued document should be requested from the guarantor or principal.

The company issued a bank guarantee to secure the state contract. The bank enters information about this in the register of bank guarantees. How to get information from the registry.

Procurement organizers check bank guarantees in a special register

A company that participates in procurement must confirm its readiness to fulfill its obligations. As security for the company's obligation, you need to contact the bank and issue a guarantee. This is done as part of the general preparation for the tender, before submitting an application for participation in the auction. When the bank issues a document, it is obliged to enter information about this in the EIS. The system has a special section for such information - the register of bank guarantees. The register is formed in accordance with the rules "On the contract system ..." (Law No. 44-FZ).

The register contains information about all bank guarantees that a particular credit institution has issued to procurement participants. Information about this document is verified by customers. This is the responsibility of the organizer of the purchase. The customer has the right to accept an application only from such companies that have a bank guarantee from the list of the Ministry of Finance of the Russian Federation. The guarantee must comply with the requirements of the Tax Code of the Russian Federation (Part 1, Article 45 of Law No. 44-FZ). If the information is false or there is no data on the bank guarantee in the register, according to the rules of Law No. 44-FZ, purchases from such a supplier cannot be carried out.

When the bank draws up a guarantee and enters the data, it transfers an extract from the register to the supplier company. An extract on the issuance of a guarantee is transferred to the procurement participant within 24 hours (part 8 of article 45 of law No. 44-FZ). But the bank should not send such an extract to the customer. The procurement organizer himself checks the information in the EIS.

Access to information about the bank guarantee is obtained in the EIS

According to the general rules on the availability of information for preparing for trading, the register is an open resource. Information from there can be obtained by a wide range of people. However, there are exceptions. If the state contract contains data that are classified as state secrets, the bank sends information about the guarantee to a closed registry. This register cannot be viewed in the EIS (part 8.1 of article 45 of law No. 44-FZ).

Some customers do not accept applications from procurement participants, although the EIS has registry data about the document and the bank guarantee meets the requirements. In this case, the procurement participant has the right to appeal the actions of the customer to the Federal Antimonopoly Service or the court.

To find information about a bank guarantee in the register, use the search service

The registry is an information base, information from which can be obtained on a special page of the UIS. When a credit institution issues a guarantee, the document receives its own number in the register. The registry number is one of the details of the bank guarantee, according to which information is searched in the system. This number is enough to find the data. There is also an advanced search form. The resource user is prompted to fill in several fields. In some, you can choose from a list. List of fields:

1. Warranty status. Here they choose whether the guarantee was accepted, refused, etc.
2. Type of security. It should be noted the purpose of obtaining a guarantee: securing an application, a contract, etc.
3. Guarantee number assigned by the credit institution.
4. The date the document was posted in the EIS.
5. The date the document was updated.
6. The validity period of the document.
7. The date the warranty was issued to the supplier.
8. The amount of the guarantee.
9. The supplier. Here they indicate the name of the company that received the guarantee, or its TIN.
10. Guarantor bank. Enter the name or TIN of the bank.
11. Customer-beneficiary. Indicate which organization was the customer under this contract.
12. Register number of the contract for which the guarantee was issued.
13. Procurement notification number.
14. Purchasing identification code.

Completing these search fields will provide more accurate data.