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Sample letter of guarantee
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SAMPLE LETTER OF GUARANTEE
To be completed on the organization's letterhead.
Certified by the company seal and the signature of the manager
and the chief accountant of the organization.
The letter is assigned an outgoing number,
indicate the date, full name. performer and contact phone number
position, name of the organization to which the letter is addressed
Letter of guarantee
_________ (name of organization) guarantees payment of debt for the service rendered by ____________ (name of organization) / payment of a fine (specify the name of the service / fine) in the amount of ____ rubles _____ kopecks (in words) until “___” ______ 20__ in accordance with the terms of the contract for organization of payments No. ___ dated “____” ______ 20__ to a single personal account (indicate the ten-digit payer code and the code of the type of service and taxation procedure).
(If necessary, indicate the payment schedule).
In case of failure to comply with the guarantee obligations to pay the specified amount on time, we will pay a penalty in the amount of __% of the debt amount for each day of delay in payment.
Head of the enterprise ___________ _________________________
(signature) (signature decryption)
Chief Accountant * ___________ _________________________
(signature) (signature decryption)
* in the absence of a chief accountant at your enterprise, you must note:
We inform you that (name of organization) does not have the position of chief accountant.
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Letter of guarantee
The expression “letter of guarantee” implies a fairly wide range of documents that combine one thing - someone guarantees something to someone. In this material we will tell you how to write a letter of guarantee correctly, provide samples of different letters of guarantee, and also explain why they are needed in general.
What is a letter of guarantee
The meaning comes from the name itself - it is a document expressing the will of one party to perform any actions in favor of the other party, for example: paying a debt, fulfilling certain obligations assumed, performing certain actions.
As a rule, the head of the company signs the letter of guarantee. In some cases, his representative by proxy, if he is authorized to sign company documents.
What should a letter of guarantee contain?
The letter of guarantee must contain the following parameters:
- from whom does this letter come, and to whom is it addressed, in other words, the parties;
- details of the guarantor party, address, contacts;
- date of the document, and, if you conduct careful paperwork in your company, the originating document number;
- the essence of what is stated is who guarantees what, in what time frame;
- position, full name of the official who signed the letter;
- seal of the organization, except in cases where the letter is signed by a representative by proxy; in this case, information about this power of attorney will be needed;
- if compiled by the performer, the details and contacts of the performer.
It is advisable to write a letter on letterhead; such documents are better perceived than just on a white sheet of paper.
Sample letters of guarantee
Letter of guarantee for provision of a legal address
A letter of guarantee for a legal address, as it is sometimes called, is a document according to which the owner or tenant (with the consent of the owner) guarantees to provide non-residential premises as the legal address of the company. In fact, the company may not be located there, but this may be fraught with refusal of registration - the tax office, starting from 2020, carefully checks whether the company belongs to a specific address.
Sample letter of guarantee for a legal address from July 2017, after mass refusals at the following addresses:
Letter of guarantee for payment of debt
One of the most common examples of the use of letters of guarantee is the return of receivables. How to write a letter of guarantee for debt payment? First of all, you need to make it clear to the lender that you intend to pay without delays or delays, so as not to undermine your credibility. It is advisable to provide a debt repayment schedule if payment is planned in installments at a certain frequency. If this is not planned, you can simply indicate the amount and the deadline by which it must be returned.
Example of a letter of guarantee for debt payment:
Letter of guarantee on fulfillment of obligations under the contract
The obligations under the contract may not necessarily include payment, although such a letter of guarantee also takes place. As an example, here is a sample letter of guarantee for payment for goods:
And also, a sample letter of guarantee about payment for services under the contract
Moscow, st. Prostaya, 28, bldg. 2
Hereby VASILEK LLC, represented by General Director Alexander Ivanovich Petrov, guarantees Lyutik LLC (OGRN_____, INN_____) payment on invoice No. 147/r in the amount of 150,000 (one hundred fifty thousand) rubles for advertising placement, until 08/01/2018 .
General Director of VASILEK LLC ____________A.I. Petrov
In any case, it is necessary to indicate what exactly you guarantee to do and within what time frame.
However, obligations under the contract may also include, for example, the supply of goods or performance of work. Here is an example of a letter of guarantee for the supply of goods (sample):
Moscow, st. Prostaya, 28, bldg. 2
Hereby VASILEK LLC, represented by General Director Alexander Ivanovich Petrov, guarantees Lyutik LLC (OGRN_____, INN_____) to supply goods under contract No.___ dated __.__.20__. in accordance with the specification sent dated __.__.20__, until 08/01/2018.
General Director of VASILEK LLC ____________A.I. Petrov
And also, a sample letter of guarantee for the performance of work under a contract:
Letter of guarantee for employment
A letter of guarantee from an employer regarding employment is another type of letter of guarantee. In it, as you might guess, the employer guarantees to hire the applicant for the position specified in the vacancy for a certain salary. For example, such a letter may be needed to obtain a visa at the consulate for a foreign specialist planning to find a job in our country. Or, a student who interned with a given employer, and he promised to hire him after graduation. In any case, this is a guarantee for the applicant that he will definitely be hired under the conditions specified in the letter.
As you can see, there is nothing complicated in drawing up letters of guarantee. The main thing is attentiveness.
Main sections
A preliminary agreement, like any other, must have a certain structure. You can use either a ready-made sample or compose it yourself, completely adapting it to the desired format.
Here you can find a free document and its sample
It should display the following provisions:
- Preamble , which formalizes the title and identifies the parties. This is a fairly formal section, but it is necessary to recognize the legality of the document and identify the parties to the transaction.
- Subject – the main contract and its detailed description. This is the key section of the agreement; all known details must be recorded in it: preliminary cost (you can specify a price range within which the price may vary), conditions for the transfer of property, storage or transportation periods, etc.
- Participation of outsiders in the transaction . These may be appraisers, experts or other third parties.
- The timing of signing the main agreement and the conditions that each party must fulfill in order for the conclusion of the transaction to become possible.
- Responsibility for non-compliance with the agreement. If one of the parties subsequently refuses to conclude a contract within the specified period or does so in violation, this section will regulate the proceedings and help cover damages.
- Security payments (deposit, advance payment, etc.). Any financial interactions between future partners before the conclusion of the main agreement must also be documented.
Sample letter of intent to enter into a contract
Agreement of intent to enter into a contract vs. agreement of intent to conclude a contract: legal nature
Civil legislation does not provide for this type of agreement as an agreement of intent, although this type of transaction is widely used in civil circulation.
As stated in paragraph 1 of Art. 420 of the Civil Code of the Russian Federation, a contract is an agreement establishing/changing/terminating a civil legal relationship. From this we can conclude that any contract is an agreement, but not every agreement can be called an agreement. Accordingly, to qualify an agreement of intent as a contract, it must have the above characteristics.
When determining the legal nature of an agreement of intent to conclude a contract, it can be noted that it is similar to a preliminary contract, but does not meet all the requirements for the latter, enshrined in civil law.
An agreement of intent to conclude a contract in the future, which does not have the characteristics of a preliminary contract, will not be an independent civil law contract, since it does not entail corresponding legal consequences.
However, there are 2 opposing judicial positions on this matter:
- According to the opinion set out in the appeal ruling of the Supreme Court of the Republic of Bashkortostan dated July 14, 2016 in case No. 33-13559/2016, an agreement on the intention to conclude an agreement for the purchase and sale of an apartment cannot be recognized as a preliminary agreement due to its inconsistency with the requirements of Art. 429, 454. At the same time, the court indicated that the missing obligation cannot be secured by a deposit in the sense of Art. 380 of the Civil Code of the Russian Federation, as a result of which the transferred amount, named in the agreement of intent as a deposit, does not give rise to the consequences provided for in paragraph 2 of Art. 380 Civil Code of the Russian Federation.
- According to the opinion expressed by the 9th AAC in resolution No. 09AP-24213/2015 dated July 14, 2015, the absence of a preliminary agreement concluded between the parties due to the provisions of clause 2 of Art. 421 of the Civil Code of the Russian Federation does not indicate the absence of obligations assumed by the parties in accordance with the agreement of intent with the condition of making a security payment.
Thus, an agreement (agreement) of intent, despite its similarity with a preliminary agreement, in some cases can be an independent type of civil law agreement.
Letter of agreement: sample
In some cases, in order to conclude an agreement, it is necessary to send so-called applications for the conclusion of an agreement (such letters are often used when concluding accession agreements).
An important feature that distinguishes such letters from an agreement of intent to conclude a transaction is that they do not entail any legal obligations, while the agreement is aimed at establishing/changing/terminating a civil legal relationship (Articles 153, 420 of the Civil Code RF).
By their legal nature, these letters can be considered as business correspondence (Article 434.1 of the Civil Code of the Russian Federation), since they only record the desire of one of the parties to conclude an agreement. However, it is worth considering that the legal significance of such a letter will depend on its content, since if the subject and essential terms of the transaction are agreed upon in it, such a letter can be qualified as an offer or acceptance of an offer.
A sample letter to conclude an agreement can be downloaded from the link: Sample letter to conclude an agreement.
Sample protocol of intent to conclude an agreement
A protocol of intent to enter into an agreement, like a letter of agreement, does not entail any legal obligations, but only if the protocol does not contain mandatory contractual terms and does not have binding legal force, but is only by recording the agreements reached (for example, the resolution of the Federal Antimonopoly Service of the Moscow Region dated April 26, 2013 in case No. A40-85381/12-45-576).
To give the protocol of intent contractual force, it must have the following features:
- it must agree on the subject matter, essential or other necessary conditions for transactions of this type;
- the literal meaning of the terms of the protocol must express the general will of the parties to conclude an agreement in the future;
- the protocol must be signed by both parties with the obligatory indication of their details.
A sample protocol of intent to conclude an agreement can be downloaded from the link : Sample protocol of intent to conclude an agreement.
Letter to sign an agreement: sample, rules for drafting
A letter (protocol) on signing an agreement, as well as a letter of intent to conclude an agreement, as a rule, is drawn up in cases where one of the parties intends to cooperate with the other.
It is recommended to include the following information in the letter:
- the reason or object of the party's intentions;
- the purposes pursued by this letter;
- other conditions;
- party details.
A sample letter for signing an agreement can be downloaded from the link: Sample letter for signing an agreement.
In conclusion, we note that the agreement of intent only records the desire of one of the parties to conclude an agreement. Moreover, the legal significance of such an agreement will depend on its content, since if the subject and essential terms of the transaction are agreed upon in it, it can be qualified as an agreement.
Compilation rules
A letter of intent to enter into an agreement is presented in law as ordinary correspondence. This does not require special preparation; the document is drawn up depending on the issue being discussed.
Taking into account the practice of use, the essential conditions of a letter of intent to enter into an agreement are considered to be:
- name of the sender, details of the legal entity;
- terms of the proposal, designation of specific positions or opportunities for further discussion;
- deadlines for providing a response;
- signature of an authorized person.
It is recommended to draw up a letter of intent to enter into an agreement on company letterhead with the relevant details and contact information. If the document contains a mention of previously concluded agreements, provide the relevant details.
If a letter of intent contains detailed, clear terms of the transaction, the rights and obligations of the parties, and other characteristic provisions, such a document is considered an offer. It may be sent to one or more organizations depending on the nature of the proposal.
If there is no specific information about the addressee, and the letter contains detailed terms of the contract, the document is considered a public offer. This option is more often used in relation to individuals, for example, with an offer to conclude an employment contract or formalize a purchase and sale transaction.
How to write a letter of guarantee for payment
What is a letter of guarantee
This is a non-commercial document that is often used in business correspondence. The essence of the paper is that the sender undertakes to perform some action. In our case, transfer money to the contractor. These funds are usually used to pay for goods, services, work, or are used to pay off debt.
A letter of guarantee for payment of services under the contract confirms the existence of a debt, which can be taken into account when considering a dispute in court.
Thanks to such paper, the parties to the transaction can build a trusting relationship, postpone the payment date without fines and penalties, and prevent delays in the delivery of goods (provision of services, performance of work).
When might this paper be needed and how to write a letter of guarantee for payment? As a rule, it is drawn up in the case when the customer cannot transfer money on time for one reason or another. And the reason for drawing up such a document may be a claim by the creditor against the payer or the latter’s own initiative.
How to apply
An approved sample of a guaranteed letter of payment for services or goods is not provided for by current legislation. However, it is part of business document flow, so when preparing it it is worth considering several generally accepted rules.
Let's consider the mandatory provisions that should also be in it:
- Date and originating number.
- Details of the recipient of the money (company name or citizen’s name, address).
- FULL NAME. representative of the recipient (for example, the head of the organization).
- Document title (optional).
- The main text, which guarantees the transfer of the required amount within a specific period.
- Details of the document on the basis of which funds will be transferred (invoice, acceptance certificate, etc.).
- Sender information.
- Full name, position and signatures of the debtor's representatives.
Typically, the paper is drawn up on an A4 sheet on company letterhead, signed by managers (general director and chief accountant) and sealed.
In the main text, among other things, you can briefly indicate the reasons for late payments. If the customer plans to pay off the debt in installments, then a schedule should be drawn up.
To be more convincing, the payer can also specify the amount of penalties that will be charged to him for each day of delay.
Example of a payment guarantee letter
Basic rules for drawing up a letter of consent and a sample
The rules for drawing up a letter of agreement on cooperation are practically no different from the rules relating to all other corporate letters. In particular, when composing such a message, it is necessary to maintain a business style, that is, restrained intonation, polite greeting and address, and a laconic, focused essence. Everything should be to the point, extremely correct, clear and understandable.
In a letter of consent, familiarity and familiarity are completely unacceptable, and even more so rudeness and profanity. Overly “loaded” long phrases and complex terminology should be avoided. It is important that the answer is not too lengthy (it will be enough if it contains only a few lines or sentences), since hardly anyone will want to read a multi-page message.
When composing a letter, the name of the sending company and its details, a link to the letter of offer, as well as the signature of a representative of the enterprise must be indicated.
It should be noted that, despite the official style of the message, this type of letter is not an absolute guarantee that a cooperation agreement will be concluded, but serves as nothing more than a preliminary consent to the possibility of further business relations or concluding a deal.
