Letter of guarantee from the organization for payment. How to write a letter of guarantee for the performance of work

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

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

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

Legal force of the document

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

General rules for compiling

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

Compilation date and outgoing number.
Recipient data.
The name of the document or the subject of the appeal.
The table of contents sets out the essence of the warranty.
Annexes to the letter, if provided, for example, a debt repayment schedule.
Position and signature of the sender.

As a general rule, letters of guarantee from legal entities are drawn up on the letterhead of the enterprise and certified with a seal. Although there are no strict requirements for the design of letters drawn up on the official forms of legal entities. At the same time, any bank is unlikely to accept a letter of guarantee without the seal of the enterprise.

Sample letters

Example of a payment guarantee letter:

This debt recovery document must necessarily contain the details of the agreement and / or invoice due to which the debt was formed. Such a letter can be regarded as a kind of bill, that is, an advance obligation. The signature of the chief accountant or the person responsible for making the payment in the document is mandatory.

Director of JSC "Recipient"

Addressee A.A.

ref. No. xxx. the date

LETTER OF GUARANTEE

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

Director of Garant JSC signature Full name

Chief Accountant of Garant JSC Signature Full name

An example of a letter of guarantee for payment of a debt:

Director of JSC "Recipient"

Addressee A.A.

ref. №xxx Date

LETTER OF GUARANTEE

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

In the event that our company fails to fulfill its obligations to pay the debt within the agreed period, then the penalty will be paid, provided for in the contract, namely, 0.1% of the total debt for each day of delay.

Bank details of our company:

Director of PE "Debtor" signature Full name

Chief Accountant of PE "Debtor" signature Full name

Delivery of goods and performance of work

An example of a letter of guarantee for the performance of work:

Director of JSC "Recipient"

Addressee A.A.

ref. No. xxx Date

LETTER OF GUARANTEE

Stroitel JSC, on the basis of agreement No. 000 dated (date) with your enterprise, has undertaken to carry out all construction and installation work at the facility (name, address) by (date). I hereby confirm the previously given guarantees upon completion of work in accordance with paragraph ... of the above contract on time before (date).

Director of JSC "Stroitel" signature Full name

In the case of drawing up a letter that does not contain obligations and guarantees for the payment of a certain amount, the signature of the chief accountant is not required.

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

Director of JSC "Recipient"

Addressee A.A.

ref. №xxx Date

LETTER OF GUARANTEE

PE "Buyer" asks you to supply products, according to specification No. xxx dated (date), under contract No. xxx dated (date). Payment is guaranteed to be made by (date).

If the funds are not transferred within the agreed period, then this letter can be regarded as our organization receiving a commercial loan. PE "Seller" has the right to charge interest for the use of other people's funds for the entire time of delay. Based on the calculation stipulated in paragraph xxx of the aforementioned contract. That is 1% for each day of delay.

Director of PE "Buyer" signature Full name

Chief Accountant of PE "Buyer" signature Full name

An example of drawing up a letter of guarantee requires compliance with the accepted terminology in business. It is not necessary to describe the entire history of relations between legal entities and go into details, for what reason this or that situation occurred. The letter should be concise and contain clear language, for example:

Additional requirements

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

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

The main essence of the letter is to provide guarantees to the supplier of material value that the buyer (customer) will fully and on time pay for the goods or services.

Thus, the supplier, at its discretion, can issue goods and materials without payment or refuse, for example, if the buyer has poor solvency.

The document is compiled for the following purposes:

On the part of the buyer - a written acceptance of obligations for payment and subsequent receipt of the goods (if it was not delivered earlier).
On the part of the seller - the acquisition of guarantees and confidence that the customer will pay.
The use of this document in litigation (in case the buyer does not pay for the goods).

IMPORTANT! Often, a letter of guarantee is needed as a response to a letter of claim from the supplier (if the goods were previously sent to the customer, and the payment was never made).

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 compose?

The letter is written by the customer or buyer. Most often, some commercial firm or organization acts as a buyer. 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).

Key Points

When writing a letter, you should pay attention to the following important points:

ATTENTION! If the letter is drawn up correctly, then in the absence of payment (or in case of late payment), the supplier has the right to demand collection of the debt by contacting the judicial authorities.

Writing algorithm

As a rule, to draw up this notice, ready-made letterheads of the payer's enterprise are used, where all the necessary items are already indicated, and you only need to fill in the empty fields. Forms have a standard structure.

Consider an example of writing a letter of guarantee on a sheet of A4 paper:

In the upper left corner, indicate the original document number and date (from what date).
In the upper right corner we write the position, the name of the addressee's enterprise.
Below, in the center: "Letter of guarantee".
Further, the document begins with the phrase: "I ask you to deliver the goods, according to the application No...."(here we indicate from what date the application was made).
Just below: "We guarantee payment from the current account No. ..."(account number and bank name). We indicate the date (by what date the payment will be made) and the amount.
Further, we prescribe what will follow in case of non-payment (what a fine, interest).
Example: »In case of non-payment, according to the established deadline…»(we indicate the percentage for each day of delay, referring to Article 823 of the Civil Code of the Russian Federation for the use of other people's funds as delivered goods).
The document ends with signatures and a seal (below, under the main text of the letter), indicating the main details and contact details of the customer's organization.

Shipping options

There are three official ways to send a letter to an addressee:

Is there liability for non-compliance?

A 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.

Letter of guarantee for payment. Payment can be guaranteed in whole or in part. A guarantee of payment may be given by any person, with the exception of the payer.
A payment guarantee is valid even if the guarantee guaranteed is invalid for any reason other than a defect in form.

The guarantee letter for payment is signed by the guaranteeer, indicating the place of his residence and the date of payment, and if the guaranteeer is a legal entity, then the place of his location and the date of payment.
The guarantee obligation for payment is valid even if the obligation which he guaranteed is invalid for any reason other than failure to comply with the form.

The requirement to pay a guarantee in the event that the main obligation is properly performed is regarded as an abuse of the right.
If evidence is presented of the termination of the main obligation in connection with its proper performance, which was known before the guarantor was presented with a written demand, the demand for payment under the guarantee is regarded as an abuse of the right.

Amounts overpaid under the guarantee letter are subject to return or offset. The refund of overpaid amounts is carried out on the basis of an application.

For untimely or incomplete payment of the guarantee, the person who gave the guarantee shall pay penalties (interest).

To Mosenergosbyt

Due to the difficult financial situation, the open joint-stock company "Zakon RAA" (abbreviated name - OJSC "RAA") under contract No. 1243 dated February 23, 2015 for March 2015 formed a debt in the amount of 1200 rubles.
Based on the above, we ask you to grant a deferred payment. We guarantee payment of the resulting debt until December 31, 2015.

Sincerely!

CEO
JSC "Law RAA"
Rusinov Artem Alexandrovich

Below we will consider a sample letter of guarantee for payment for services for an individual. As you already understood, a guarantee of payment is something of a written receipt indicating the actions and the resulting obligation.

Letter of guarantee for payment for services

Head of ______________________
(name of company)
___________________________________
(Full Name)

LETTER OF GUARANTEE

I, a citizen of _______________________________________ (passport: series ______, N ____________, issued by _________________________), I ask you to perform services in the form of:
1) __________________________________________________________;
2) __________________________________________________________;
3) __________________________________________________________.
Payment in the amount of _______________ (______________________) rubles. I guarantee from current account N ____________
________ (name of the bank) _______ within ___ (___________) banking days.

___________ __________________
(signature) (full name)

"____"_____________ _____ G.

With the help of a payment guarantee letter, the customer guarantees that he will fulfill his obligations. The article gives a step-by-step algorithm for compiling a letter of guarantee and provides an example of a letter of guarantee for payment.

From the article you will learn:

A payment guarantee letter is a document imposing on a legal entity or individual an obligation to pay for goods or services.

A common situation is when this document is sent by a party after receiving a claim from a counterparty. In such cases, a guarantee letter of payment becomes a way to resolve the conflict.

What is the purpose of a payment guarantee letter?

The main purpose of a letter of guarantee on payment for services under the contract is to provide firm guarantees that the customer will actually pay for the services in full and on time.

If the supplier trusts the customer, he can provide services or deliver goods before receiving payment. If the customer has poor solvency, the provision of services in advance will be denied.

Purpose of the letter of guarantee:

the buyer or customer of services undertakes in writing to pay for services or goods;
the seller or service provider receives a guarantee that his services or goods will be paid for;
in the event of litigation, this document will be used as evidence of the existence of an agreement between the parties.

What guarantees are contained in the letter?

The letter of guarantee for payment contains guarantees that the services rendered will be paid for. Be sure to indicate the amount and term of payment (schedule of transfer of funds).

How to write a payment guarantee letter?

The text of the letter of guarantee for payment is drawn up by the secretary of the company, which is the customer of services or the buyer of goods. Then the document is signed by the head of the organization and the chief accountant. The letter of guarantee is then sent to the service provider.

When preparing your letter, pay attention to the following points:

To issue a letter of guarantee for payment, use a standard A4 sheet or company letterhead.
After compiling the letter, register it in the Journal of outgoing documentation. The document must be assigned a registration number and indicated in the left corner of the payment guarantee letter form.
The document enters into legal force after it is certified by the signatures of the head, chief accountant and the imprint of the main seal of the organization.

How to write and issue letters of guarantee is described in article.

How to write a letter of guarantee for payment: algorithm and sample

Use the standard form of the organization to draw up a warranty notice, which already has all the necessary details and fields. If you are writing a letter on a blank sheet of A4 format, then the following template of a guarantee letter for payment and the algorithm for filling it out will come in handy.

Enter the original document number and date in the upper left corner.
The name of the company - service provider, position, surname and initials of the head, indicate in the upper right corner of the document.
Name of business paper "Letter of guarantee" or "Obligation to pay" located lower in the center.
Start your letter with the phrase: "We ask you to provide services (deliver goods) according to application No....". Please enter the date of your application here.
The next paragraph begins with the phrase: "We guarantee payment from the current account No. ..."(account number and bank name). Next, specify the amount and the date by which the specified amount will be transferred.
Specify what will happen in case of non-payment. This may be a fine or a percentage for each day of delay. For example: “If there is no payment within the specified period ...” (indicate the percentage for each day of delay and give a link to Article 823 of the Civil Code of the Russian Federation for the use of other people's funds).
At the end of the document, the signatures of the general director and chief accountant, the seal of the organization are put, the main details and contact details of the customer enterprise are indicated.

style requirements

A payment guarantee letter refers to business documentation. Presentation requirements:

Formal business style. Do not use slang, ambiguous words and words in a figurative sense.
Brevity. There is no need to explain in detail the reasons for the delay in payment, talk about financial difficulties and a difficult situation. It is enough to give guarantees of fulfillment of obligations.
concreteness. To give credibility to the guarantees contained in the letter, indicate the exact amounts and specific data. Avoid phrases like "We are committed to repay the debt as soon as possible." Instead, write: “We undertake to transfer the amount of 100 (one hundred) thousand rubles by 06/25/2018.”
Clarity. Avoid ambiguous phrases and sentences. All information contained in the text of the message must have an unambiguous interpretation.

How to send a letter of guarantee?

You can send a letter in one of three official ways:

The document is sent by registered mail with acknowledgment of receipt.
The letter is sent to the office or secretary of the organization that is the provider of the service or the supplier of the goods. Prepare two copies of business paper, on one of which the secretary will mark acceptance.
The document is sent by fax or email. The paper version is sent later by registered mail or handed over personally.

How to write a letter of guarantee for payment, is described in article.

Sample letter of guarantee for payment for services:

Ref. No. 4555

Director of Temp LLC I. I. Petrov

Letter of guarantee

Nadezhda LLC guarantees payment for the rendered consulting services in accordance with the concluded contract No. 148 of 05.05.2018. The amount of 50,000 rubles will be paid by May 31, 2018.

In case of non-compliance with the guarantee obligations to pay the specified amount within the prescribed period, we will pay penalties in the amount of 0.1 percent of the debt for each day of delay in payment in accordance with Article 823 of the Civil Code of the Russian Federation.

Director of Nadezhda LLC(signature P.P. Semenkov)

A letter of guarantee for payment is one of the ways to impose obligations on the customer of goods or services. The supplier or contractor fulfills its obligations until payment is received. The letter is drawn up in free form, but contains a number of mandatory details: registration number, date, name of the supplier or contractor, as well as information about the amount of the guaranteed payment and the customer's bank account number.

When lending someone a large amount, it is useful to think about additional guarantees for the return of your money and write a payment guarantee letter: the sample is easy to download in our article - and you can also find out how to fill it out correctly.

Letter of guarantee - definition and purpose

This is a confirmation of compliance with the prescribed conditions or the performance of the named actions.

The function is to ensure that one or another party to the transaction fulfills its obligations.

This business genre is resorted to not only by lawyers, but also by individuals: when you need guarantees for employment, repayment of a loan, elimination of payment delays, provision of housing for rent for the required period, and so on.

Good to know: a letter can be written in response to a formal claim - and thereby try to delay going to court on the fact of a breach of contract. A borrower who refuses to wait may force the debtor to appear before a judge - but the defendant will then not look completely irresponsible.

Despite the most diverse areas of application, there are common points in the content of such papers:

Full passport data of the author-sender and recipient (for legal entities or individual entrepreneurs: names, details, actual and registration addresses).
Grounds for obligation (agreement or contract).
Guarantees to perform or solve a problem.
Amounts of payments or descriptions of specific actions on obligations.
Liability for breach of promise.
Signatures of the parties (company seals).

The response letter must include:

what clauses of the contract are violated;
the reason for the situation;
a proposal on the ways and terms of its resolution;
guarantees: additional payments, penalties, free services, and so on.

Its useful to note: There is no unequivocal answer to the question of the legal status of the document. Text that does not exceed A-4 format cannot accommodate all the details of the transaction. Therefore, it is difficult to predict how it will affect the outcome of the trial.

And yet, a properly drafted document replaces part of the contract:

Offer (proposal): when the author makes an offer, specifying the subject of the contract (work, service or product) and setting deadlines.
Acceptance (obligations): when the person who fully accepted the offer described above responds with a letter of acceptance, where he expresses his agreement in detail and unambiguously on all points of the offer.

Sample letter of guarantee for payment of debt

In a business environment, it is not always possible, for example, to pay on time for goods under a supply contract.

Not to spoil the business relationship helps a written assurance of the liquidation of the debt, drawn up on the letterhead of the organization:

The upper part of the document: the name of the enterprise addressing the letter and the personal data of its director.
In the center is often written "Letter of Guarantee".
The wording of the guarantee of payment for the provision of the service (write its name) in the amount of the established amount (given in words with an accuracy of kopecks) within a clearly defined period.
The reason for the guarantee: contract or agreement with the number and dates of signing.
Payment Method: Specify a bank account.
Sanctions for failure to fulfill a promise: for example, the payment of a penalty fee (indicate the amount and procedure for accrual).

Signed by the director and chief accountant of the debtor enterprise. You can specify a phone number for further personal negotiations.

How to write a letter of guarantee for payment

The sample shows that there is a certain style of writing a document, which is drawn up depending on the specific needs of the parties to the transaction. Reference books for business documentation and business communication also give this template:

Sample letter of guarantee for payment for services

Usually, a message from the company is written on letterhead, but it is quite possible to compose it on a plain sheet, putting down a corner stamp with the details of the company:

In the upper right corner - the addressee's data (company or specific financial specialist).
On the left, the outgoing number and date of the document are indicated, below them is an empty requisite for the incoming number and date of receipt. Below in the center - "Guarantee letter of payment."
The essence of the appeal is stated.
All signatures of the director and chief accountant are completed with a corporate seal.

Here is a specific example:

Sample letter of guarantee with debt repayment schedule

If a company or person is late in paying a sum of money, then the debt repayment schedule will demonstrate the debtor's awareness of the problem.

A person has thought about the problem and sees the steps to solve it - this makes the message more convincing.

Sample letter of guarantee for payment of rent

It often happens that the tenant cannot pay the rent on time. If the landlord does not mind continuing the relationship or rescheduling the payment, the debtor promises to pay in writing.

Legally, this is the recognition by a person or organization of a debt for itself.

Take into account: if the debtor indicates the day the payment is made, which is different from that prescribed in the lease agreement, then the letter is essentially an offer. Written consent to the terms of the letter of guarantee will be an acceptance. That is, the terms of payment have changed by agreement of the parties: the lessor cannot demand penalties and interest accumulated before the new payment date. And it will also not work to refuse a lease agreement with an irresponsible tenant - there is no legal reason!

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 and TIN numbers, 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. It also declares readiness to accept the responsibility provided for by law in case of violation of obligations.

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

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:

Conclusion

It should be noted that the legislation does not clearly define the situation when a letter of guarantee is necessary. In general, the document does not have the force of a transaction - it has an informational, diplomatic and voluntary character.

However, fulfilling your guarantee promises on time is a matter of business reputation, a very important thing not only in business.