Sample letter of guarantee in Rostelecom. Payment guarantee letter: sample and writing tips. Sample filling and form of a letter of guarantee for practice and training

A letter of guarantee is intended to provide the addressee with written guarantees confirming the promises or conditions, intentions or actions of the sender, one way or another related to the interests of the addressee.

A letter of guarantee can be addressed to an organization or an individual. The word "guarantee" itself may not appear in the text of the letter, however, the letter will remain a document containing guarantees. A letter of guarantee can guarantee, for example, payment for the work performed, the timing of its completion, the quality of the work, the quality of the goods supplied, the timing of its delivery, payment for the products received, etc. Most often, such guarantees are required if one of the parties does not confident that certain agreements will be fulfilled. These points can make up the content of the entire letter or be part of it. Letters of guarantee are emphatically legal in nature, corresponding in status to documents of a contractual nature, i.e. contracts and additional agreements.

Most often, letters of guarantee are provided to confirm the fact of payment. In this case, it is obligatory to indicate the reference to the contract or invoice numbers according to which the payment is to be made. At the same time, a letter of guarantee can be a document for third parties. For example, when registering a legal entity, a letter of guarantee is sufficient to provide a legal address, since it is not possible to conclude an office lease agreement. Also, a letter of guarantee can be accepted by the bank as loan security. The letter in this case will be a confirmation that the addressee will receive the necessary amount to repay it.

A letter of guarantee is distinguished by clarity, accuracy and unambiguous wording - since it deals with providing guarantees to the addressee on behalf of and on behalf of an organization or official. It must indicate the type of operation, and sometimes the full procedure that will be performed.

Letters of guarantee may begin with a statement of the essence of the guarantees provided to the addressee, for example: "We guarantee with this letter ...". In other cases, a letter of guarantee may contain a statement of the reasons that caused the intention of the author to declare his readiness to provide certain guarantees to the addressee. In this option, the corresponding statement is formulated in the final part, for example: "I guarantee payment" or "We guarantee timely and full payment."

A characteristic feature of this type of letter is the presence, along with the signature of the author (more often, the director of the organization), the signature of an official who is directly in charge of financial or other monetary issues. If a letter of guarantee is sent as an obligation to pay for a purchase, service rendered, etc., then the letter must contain the bank details of the paying organization.

The typical phrases of a letter of guarantee include the following:

  • We guarantee...
  • We guarantee that...
  • "Partner" guarantees...
  • We confirm that we will make a payment
  • Please send cash on delivery...
  • Payment on time .... guaranteed ...
  • We hereby guarantee...

The rules for issuing a letter of guarantee correspond to the general rules for issuing.

A letter of guarantee is issued when one of the parties to the transaction doubts the solvency and honesty of the other, even despite the contract concluded in accordance with all legal rules and regulations.

Frequent situations when letters of guarantee are requested are:

  • the obligation to pay for goods received, work performed, services rendered;
  • guarantee of providing the necessary information (for example, providing a legal address during the registration of a legal entity);
  • confirmation of future intentions (for example, a guarantee of the conclusion of the main cooperation agreement in the future).

IMPORTANT! The letter of guarantee is not a commercial document.

Responsible for the preparation and implementation of guarantees

The responsible compiler, the sender is the party that takes responsibility for the fulfillment of certain obligations.

Design Requirements

Each letter of guarantee must comply with the requirements of the document flow:

How to write?

The most important thing is the statement in the letter of all the important conditions regarding the obligations to be fulfilled. Otherwise, the letter will have no meaning. Let's analyze the most commonly used types of letters of guarantee.

Deferral of payment to the supplier

This is a financial guarantee. The sender asks for a deferred payment and undertakes to make payment on time for the goods received (work performed, services provided).

The structure of the letter of guarantee for deferred payment:

  1. Outgoing number, date.
  2. Title of the document.
  3. Text of the letter:
    • the name of the originator and recipient, indicating legal details (for example, AAA LLC asks A1 OJSC to provide a deferred payment for(indicate the details of the document under which the payment obligation arose));
    • you can (but not necessarily) specify the reason why it is impossible to make a payment on time (for example, We are not able to make payment within the time period established by the contract in connection with ....);
    • the amount of money for which the deferral is requested and the date by which payment will be made (for example, We hereby guarantee payment in the amount of …. to DD.MM.YYYY).
  4. Full name, position, signature of the head and accountant.

About delivery

The sender undertakes to deliver the goods of proper quality within the agreed time frame and agreed quantity.

Structure:

  1. The use of letterhead is preferred.
  2. Outgoing number, date.
  3. Title of the document.
  4. Text of the letter:
    • name of the supplier and recipient with details;
    • details of the document that is the basis for the delivery;
    • you can specify the name and quantity of goods guaranteed for delivery (for example, 10 pieces. Lenovo tablets), if there are a lot of commodity items, it is enough to make a reference to the number of the consignment note, attaching a copy of it to the letter;
    • the date by which the goods will be delivered to the recipient.
  5. Full name, position and signature of the head and accountant.
  6. Name and contact details of the performer.

Ways to receive the document by the addressee

Letters of guarantee must be provided to the recipient in two copies personally so that the incoming number and date of delivery are stamped on the sender's copy. Alternative methods of delivery of letters of guarantee are: registered letter with acknowledgment of receipt via mail, sending by courier service with acknowledgment of receipt.

Correctly drawn up letters of guarantee can have and be recognized by the judiciary as direct evidence.

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Business correspondence includes many important elements, one of which is letters of guarantee. They are indispensable in any kind of business relations, including commodity-money exchange. In view of this, such letters have become widespread and are used everywhere.

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Considering such letters from a legal point of view, we can conclude that they are documents that reliably confirm the fulfillment of various obligations assumed by one of the parties. The role of them can be debt payment, various services, transportation of various goods, and so on.

In the event of a debt, the borrower can use a letter of guarantee to pay the debt as an assurance to the lender that the existing financial obligations will be repaid soon.

Such guarantees are often used in the course of pre-trial settlement of various disputes and claims, which avoids wasting time and money on litigation. If the plaintiff has grounds for filing an application, such a letter can be used as a document deferred payment.

Such an opportunity is enshrined in several articles of the Civil Code at once, namely in, as well as in, which refers to the admissibility of using this document to obtain a deferral for the complete elimination of possible violations of obligations under the contract.

In what cases is it appropriate to write such a letter? As practice shows, its use is possible only subject to the agreement of both parties to the contract. At the same time, one of the parties has the right to demand the provision of guarantees for the fulfillment of obligations, which is especially important in the case of commodity exchange performed with borrowed funds.

But much more often one can observe the preparation of such guarantees in cases where it is a question of violation of the terms established by the contract for the fulfillment of previously assumed monetary obligations. The borrower, being unable to pay the debt at the present time, sends the creditor a letter guaranteeing the performance of its obligations in the future.

Such a letter may be a response to a claim regarding debt repayment.

Requirements

Quite stringent requirements are imposed on such documents, and their preparation should be approached as seriously as possible. The content of the letter should be completely understandable to the addressee, the style of speech must be business-like, without the use of jargon. When specifying specific deadlines, they must be commensurate with future opportunities, as their failure to comply is fraught with litigation.

In addition to the text of the letter itself, it must contain the necessary details, namely:

  • The name of the company, as well as the name of the sender of the letter.
  • TIN and KPP of the sender.
  • Sender's address, both actual and legal.
  • Full name of the company, as well as the full name of the addressee.
  • A statement of the guarantees provided to the recipient of the letter, as well as an indication of the circumstances and terms in which the specified amount of the debt will be repaid. It would be useful to indicate the repayment schedule, as well as the date of the contract under which the obligations are not fulfilled.
  • Signature or official seal (if any) of the sender.
  • Signatures of the accountant and the date of the letter.

In addition to the above points, the letter may contain a list of possible fines and sanctions that will be sent to the sender in case of non-fulfillment of warranty obligations. This will give the letter additional weight in the eyes of the recipient. When drafting a letter, it is important to take into account the fact that it can be used in legal proceedings as evidence of default.

What is used

There are a number of standard expressions that allow you to describe as briefly and accurately as possible all the circumstances and requests that you plan to indicate in the letter. For convenience, you can use the table below, which contains the most typical patterns of speech used in such documents.

Sample wording Where to use
"I guarantee timely and full payment" To obtain a deferral of obligations under the current contract.
“I guarantee timely return of serviceable rolling stock” Under contracts where the subject of the agreement is railway transport.
"Employment Guaranteed" In employee training or internship agreements.
“Training and retraining I guarantee” In agreements to improve the skills of employees or students.
"Providing a hostel I guarantee" When hiring employees living in other localities.
“I guarantee the provision of benefits provided for by the legislation of the Russian Federation” When hiring employees of preferential categories.
"Due to increased demand" With an increase in supplies.
"In connection with the revision of the terms" If necessary, change the terms of existing agreements.
"In connection with the expansion of the product range" When prices rise.
"In connection with the commissioning of new production facilities" Explanation of the price increase.
"Due to changing market conditions" Explanation of the change in value.
“Due to the unfavorable socio-economic situation in the region”
"Due to rising prices" In agreements concerning the supply of various types of energy.
"Due to special circumstances" In the event of force majeure circumstances that prevent the fulfillment of the terms of the contract.
"Due to special circumstances" In the event of force majeure circumstances that prevent the fulfillment of the terms of the contract.

Sample letter of guarantee for payment of debt from 2017

In some situations, it may be convenient to use a sample debt payment guarantee letter to write your own letter with specific details. This will help not only save precious time, but also prevent serious mistakes in the process of writing such an important letter.

It is important to note that such a document is drawn up either on the company's letterhead or on a standard A4 sheet indicating the necessary information and details.

General Director of Smirna LLC
Nikolaev D.V.
From the director of CJSC "Montazh Limited"
Karaseva P.P.
Tel. 84953788017

Letter of guarantee

Smirna LLC guarantees to pay the resulting debt for the received goods - fittings in the amount of 127134 rubles by December 23, 2020 in accordance with the terms of the main contract No. 65 of October 29, 2020 to a single personal account 1619489777.
In case of non-compliance with the obligation to pay the specified amount within the established time limits, OJSC Smirna will be obliged to pay a fine in the amount of 2% of the total amount of accumulated debt for each week of delay in payments.
02.11.2015
Head of the company ___________ Karasev P.P.

Chief Accountant * ___________ Ermolenko A.B.

(signature) (signature transcript)

Legal force

A letter of guarantee has a number of legal features, for example:

  • such a letter is a recognition of the debt for the sender;
  • is a confirmation of the amount of the resulting debt, as well as a number of other circumstances;
  • is proof of a contract between the two parties.

Such letters can be seen as a fairly reliable means of guaranteeing the fulfillment of obligations, and therefore their use is not limited to the interaction of legal entities. The use of such letters is quite acceptable within the framework of an agreement between an individual entrepreneur and an individual and is a reliable confirmation and recognition of the details of the transaction and the fulfillment of obligations in the future.

It is worth considering that letters of guarantee can be used in any cases where the obligations do not contradict applicable laws.

An important feature is the fact that the Civil Code does not contain the concept of a letter of guarantee, which gives reason to consider such a document as a measure of mental influence on one of the parties to the agreement, rather than an official confirmation. However, such a document can be successfully used during the trial as evidence.

However, this does not mean that a letter of guarantee does not have any legal force at all, because, as practice shows, it depends solely on its content and compliance with the rules of execution. This document must be in the form of an agreement, for which it is advisable to refer to articles 435-443 of the Civil Code.

It should be borne in mind that the judicial practice in relation to letters of guarantee is completely different, individual in each case. The perception of a letter is influenced by the style and content of the document, the positions of the parties and many other factors, and therefore it is at least unreasonable to consider such a document as a reliable guarantor.

Quite often, when concluding contracts in the field of real estate, performing various works or providing services, the parties discuss the issue of making an advance payment. However, not in all cases, an advance payment takes place, for example, due to the lack of funds from one of the parties. In this case, it is advisable to draw up a letter of guarantee stating that payment will be made after, for example, shipment. That is, the preparation of this document allows, by agreement of the parties, to defer payment.

The second option for using such a letter is when a citizen needs to use the services of an organization or an individual, and there is currently no possibility of paying for these services.

A payment guarantee letter is a document that guarantees payment in the future.

How to write a payment guarantee letter

When drawing up a letter of guarantee for payment, we recommend that you pay attention to the following points:

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  • in the upper right corner of the document, the name of the organization and the full name of the head (or the full name of the individual) are indicated, then it is written on behalf of whom this letter is being drawn up;
  • the text of the letter indicates a request to perform some action - for example, a request to book a boat;
  • then the payment term for the action performed by the counterparty is indicated;
  • Below is the signature and date of the letter.

The text of the letter should consist of simple and understandable phrases. No need to operate with the norms of the law and write ornate expressions. The simpler the document is written, the better it will be for both parties.

Form of guarantee letter for payment

The legislator does not impose clear requirements on the form of a letter of guarantee for payment.

As a general rule, it is considered that the document is drawn up in the form in which the main contract was concluded. But, you must admit that in oral form a letter of guarantee will not have the same force as in writing.

Therefore, despite all the promises of the second party, we recommend that you insist on drawing up a guarantee in writing.

If a letter of guarantee is drawn up on behalf of a legal entity, then it is usually written on the letterhead of the organization and certified by the signature of the head (or other authorized person) and the seal of the organization. Individuals can write on a regular blank sheet of paper.

Thus, a letter of guarantee for payment is a frequent case of confirmation of the obligations of the party to make payment in the future. In order for this document to have legal force and the court to accept it as evidence in the case (in case of an unfavorable outcome), use our recommendations and carefully read the text of the document.

A guarantee or business letter is not a simple document, it is a confirmation of the performance of any actions and even compliance with the conditions set. In it, you can fix the deadline for the completion of work, a guarantee of the quality of the service provided, the fact of remuneration or cash payment. In order to correctly compose a letter of guarantee, it is worth relying on existing design samples and forms.

Note: To get the printed version, click on the image, then click on the preview and set up the appropriate print option.

A sample of filling and a form of a letter of guarantee for payment of debts and for payment for the purchased goods or products

Consider the form of a letter of guarantee for payment of debt and several examples of filling it out. It is desirable that you draw up a document on a special letterhead of the organization, as well as that there be a seal and signatures of the main persons of the company.

Designed samples:

A business letter to pay for purchased goods or products looks like this:


Sample filling and form of a letter of guarantee for the performance of work

The document must contain a clause indicating the performance of work, as well as the deadline for fulfilling obligations to the organization.
Form of the letter:

Sample filling and form of a letter of guarantee for the supply of goods from the manufacturer

Often, organizations themselves put forward requirements for the application for the receipt of goods. However, there is also a standard form:

Example of a letter for the delivery of goods:

Sample filling and letter of guarantee letter of employment or from the employer

The employment guarantee letter is a secondary document. It contains information that you have been considered for a specific position. In addition, your salary may be written. Some employers do without this document and simply prepare an order for admission to work. Here are some examples of an employment guarantee letter:

Most often, letters of guarantee are required by foreign citizens. They require a certified document to prove that the organization can employ them and provide conditions for the employee to work.

Sample filling and letter of guarantee for employment

This document differs from the previous one in that it must contain information about your admission to the organization - the exact date. Also, the employer is obliged to fix in it your salary, the number of the employment contract and the number of the order. Here is a letter of guarantee for employment and an example of filling out a sample:

Sample filling and form of a letter of guarantee for inviting a foreigner

Sample filling and form of a letter of guarantee for practice and training

Examples of a letter from an individual will also be filled out according to this form. There are no other forms of guarantee letters to the bank. Documents are drawn up, depending on their function. For example, a business letter may carry a guarantee of payment of a loan debt or carry a request to change personal data.

Sample filling and letter of guarantee for repairs

Sample filling and form of a letter of guarantee for equipment