Letter of guarantee for rescheduling. Letter of guarantee for payment of debt: basic requirements

A letter of guarantee for payment is a document in which one of the parties to the transaction confirms its intention to pay (in the near future) for the goods or services received. Simply put, such a letter is a way of securing financial obligations. Not the most reliable, but popular and quite effective.

When should I write?

The most common scenario: an entrepreneur urgently needs to purchase a new batch of goods or use some service, but his financial situation does not allow him to pay immediately. It doesn’t matter - you can ask your counterparty for a deferment. If he agrees, the businessman will simply write a letter of guarantee for him. This is a common practice in cases where both parties have been cooperating successfully for a long time (and, accordingly, are confident in each other’s integrity).

Very often, a letter of guarantee becomes a response to a letter of claim. Let's say you ordered a product or service from a seller (performer), but there were problems with payment. Naturally, the seller will send you a claim demanding payment as quickly as possible. Unpleasant situation. But what if you can’t give away the money right now? That's right, write a letter of guarantee. Even if your counterparty prefers real money to any messages, he will probably be satisfied with this letter at first (and at least will not immediately go to court).

Decor

The law does not clearly say how to write a letter of guarantee about payment, and there is no special form for such messages. If the guarantee is drawn up on behalf of a legal entity, then it must be written on company letterhead. In this case, in addition to his signature, the manager will also have to put a seal. But individual entrepreneurs (and individuals, that is, ordinary citizens) can draw up this document on a regular sheet of paper.

The list of required details looks like this:

the number of the outgoing letter and the date of its composition;
information about the sender (company name, full name of the entrepreneur);
information about the recipient - the name of the organization (full, not abbreviated) and the full name of its director, for whom the guarantee is intended;
title – here you can simply indicate the subject of the message; the title “Letter of Guarantee” is usually not written.

Instead of writing the sender's information manually, you can put a company stamp (if you have one).

What to write in the text?

The text of the letter usually consists of four short parts:

first, the entrepreneur indicates what financial obligations he undertakes to fulfill;
followed by a mention of the period during which he plans to do this (specific or approximate);
Bank details are required - the account number from which the payment will be made;
finally, penalties are mentioned in case of violation of the obligations assumed by the entrepreneur (this clause is not mandatory; it is not always included in the text of the guarantee).

You can use the following template wording and introductory phrases in the text:

We guarantee;
By this letter we guarantee;
The company LLC "So-and-so" guarantees;
We guarantee timely payment in full;
We hereby guarantee.

An important point: if you are the head of a company (that is, a full-fledged legal entity), then it is advisable that the letter of guarantee is also signed by your chief accountant. If you are an individual entrepreneur, then put only your signature.

When preparing and writing a letter of guarantee for payment, consider several recommendations.

Write the text in simple, clear, concise phrases. The simpler the document is written, the better - this way it is guaranteed that there will not be any unclear provisions that can be ambiguous.
If you have to write letters of guarantee often, create a unified template for yourself so that you don’t have to rewrite the message from scratch every time.
If desired, the letter of guarantee can be drawn up in more detail than was indicated in the above diagram. No one forbids you to write down as specifically as possible exactly which days you are going to pay, at what time intervals, why, etc. But do not overdo it - the text should fit on one sheet.
Always indicate your current account. The recipient must know “where” exactly the payment is coming from.
You can additionally attach various documents to the letter if required by the counterparty. This could be a Certificate of state registration of your company (or individual entrepreneur), an extract from the Unified State Register of Legal Entities, an order for the appointment of a general director, etc. You do not need to attach any of this on your own initiative.

It is worth saying more about the clause about liability for failure to meet payment deadlines. In essence, letters of guarantee are promissory notes. Accordingly, they should indicate liability for non-payment and delay (at least in theory). For this purpose, indicate in a separate line the procedure for calculating “penalty” interest for each day of delay.

However, this clause is not always used. Sometimes a manager forgets about it unintentionally (it is not mandatory), sometimes intentionally (because no one wants to voluntarily increase the burden of their responsibility). It happens that the other party believes in the integrity of the entrepreneur and does not want to overshadow the cooperation by scrupulously prescribing interest, fines and other “usurious chips”. You need to understand two things:

even if this is not stated separately, it is possible to collect interest on late payments (according to Article 395 of the Civil Code);
but you won’t be able to get much - the fine is limited to 0.3 percent for one day of delay.

In addition, without a clause on the procedure for calculating penalties, even this 0.3 percent cannot be simply obtained - the other party will have to go to court and take a long time to prove that this case falls under the provision of additional payment for the use of someone else's money.

In a word, if you do not write, but receive a letter of guarantee about payment, immediately prepare a sample for the counterparty, which will include a clause on debt collection (see sample below). If you are composing the letter yourself, try to delicately omit this part. This is not entirely correct from a business point of view, but why do you need unnecessary (albeit unlikely) problems?

Compilation example

A classic letter of guarantee looks something like this (we provide only the text, without details):

“We ask you to send us the next batch of products in accordance with application No. 1753 dated July 20, 2015.

By this letter we guarantee that payment in the amount of 30,000 (thirty thousand) rubles will be made by us before September 1, 2015.

In case of non-payment in the prescribed amount within the prescribed period, this letter of guarantee should be considered as confirmation of the fact that our company has received a commercial loan for the amount of products supplied. In this case, for each day of late payment, an additional amount of 1% of the amount of overdue obligations will be charged.

Our bank details:

OJSC AKB Uralsib, St. Petersburg.

r/s No. such and such.”

Download a sample payment guarantee letter.

As you can see, everything is quite simple. The most important issue is related to the delay, and now you know how best to solve it. And remember - a letter of guarantee does not create one hundred percent legal guarantees of fulfillment of obligations. This is just an analogue of an IOU, nothing more.

How to write a letter of guarantee for debt payment? What does a sample letter of guarantee for payment for goods, works and services look like?

When there is no absolute confidence that the contractor, buyer or customer will fulfill their promises, and verbal guarantees are not enough for you, you can request a letter of guarantee containing written guarantees of fulfillment of obligations, confirmed by a signature and seal.

How to write a letter of guarantee for payment: writing sample

Most often, letters of guarantee are drawn up when it is necessary to guarantee the fulfillment of obligations to pay for goods and services. A letter of guarantee for payment contributes to reaching an agreement with the supplier, in other words, recognition by the debtor of arrears in payment.

To correctly write a letter of guarantee, you must adhere to a formal business style. This document is drawn up on an A4 sheet, or, if available, on a specially designed letterhead of the organization, with its name, logo and all the necessary details. When writing a letter, you should be guided by the general rules of business correspondence and office work standards. The letter of guarantee should be characterized by unambiguous wording, transparency and clarity of the intentions of the “guarantor”.

A letter of guarantee drawn up by a legal entity must contain the following information:

Standard details of a business letter, date of document preparation and outgoing number.
Amount to be paid;
Details of the main document - the basis for the debt (agreement, invoices, acceptance certificates);
Terms (date) of payment;
Bank details of the debtor;
The amount of penalties and fines that are imposed on the payer in case of improper fulfillment of obligations;
Any other information relevant to the parties to the transaction.

The document is “sealed” with the personal signature of the originator and the company seal of the organization. Unlike other types of letters of guarantee, the letter of payment is also signed by the chief accountant, if there is a corresponding unit on staff.

Sample letter of guarantee on payment for goods: sample letter

Let us give an example (sample) of a letter of guarantee from a legal entity to a legal entity.

The letter of guarantee is drawn up on company letterhead (if available) and is assigned an outgoing number.

General Director of LLC "NIKO"
Prosvirova E.N.
From the director of OJSC "Metallurg"
Ezhova P.P.
Tel. 89634567843

Letter of guarantee

OJSC Metallurg guarantees to pay the debt for the goods received - bearings in the amount of 125,644 rubles by December 23, 2018 in accordance with the terms of the main agreement No. 65 dated September 12, 2019 to a single personal account 1667877777.
In case of failure to comply with the obligation to pay the specified amount on time, OJSC Metallurg will be obliged to pay a penalty in the amount of 1% of the debt amount for each day of delay in payment.
02.11.2019
Head of the enterprise ___________ Ezhov P.P.

Chief Accountant * ___________ Anisimova A.V.

(signature) (signature decryption)

* if there is no chief accountant at the enterprise, you can note: we notify you that there is no position of chief accountant in (company name).

Sample letter of guarantee for payment for services and work

Let's give an example of writing a letter of guarantee from an individual to an organization.

To the Director of Shield and Sword LLC
Ivanchenko Ilya Mikhailovich
from Petrenko Vladimir Vladimirovich,
residing at:
Volgograd, st. Gafuri, 15 apt. 13.
Contact phone: +7 555555555

I, Vladimir Vladimirovich Petrenko, undertake to pay for the work performed by Shield and Sword LLC, in accordance with the service agreement dated 04/18/2018 No. 2 in the amount of 18,600 (eighteen thousand six hundred) rubles until 07/19/2018.

Painting (Petrenko V.V.)

You can download a sample letter of guarantee for payment of services on the Internet or simply copy the text from this page.

A letter of guarantee to pay for work is written similarly to a letter about services.

Letter of guarantee, sample of work performed

This letter usually confirms the intention to perform work under the contract within a certain period.

To the Director of StroyTehGazprom LLC
Semenyuk Stepan Sergeevich
from MontazhNaladka LLC
Moscow, st. Kovalevskoy, 15 apt. 13.

MontazhNaladka LLC guarantees the performance of work stipulated by agreement 25/15 dated April 21, 2019, concluded between MontazhNaladka LLC and StroyTekhGazprom LLC until October 24, 2018.

Painting (Petrenko V.V.)

Legal meaning of the letter of guarantee

What legal significance does a letter of guarantee have?

The letter of guarantee has a number of main objectives:

is an acknowledgment of the debt (and this is related, among other things, to proof and the running of the statute of limitations);
confirms a certain amount of debt of one counterparty to another, as well as other circumstances;
can confirm the fact of concluding an agreement between counterparties (as evidence).

This document can be considered one of the options for securing obligations and is used not only in business relations of legal entities, but also in the course of interaction between citizens and individual entrepreneurs (individuals). Being one of the types of business correspondence documents, a letter of guarantee contains written confirmation by one of the parties to the transaction of fulfilling certain conditions or actions in the future.

Often, letters of guarantee guarantee the fulfillment of any obligations that do not contradict current legislation: for example, the conclusion of an agreement within a certain period, confirmation of any information, for example, about the organization’s current account, fulfillment of undertaken obligations, work, provision of services or supply of products.

Legal force of the letter of guarantee

The Civil Code of the Russian Federation does not contain legislative norms regulating the concept of a “letter of guarantee”, so this document is rather not so much an official confirmation of the fulfillment of obligations as a measure of psychological influence on the counterparty, reflecting the seriousness of intentions, and also serves as evidence in court.

But does this mean that the letter of guarantee has no legal force? Based on the current legal practice in the Russian Federation, we can conclude that the legal force of such a document directly depends on its content and correctness of execution. To give the letter the force of a contract, it is worth turning to Articles 435-443 of the Civil Code of the Russian Federation. If, for example, the supplier intends to supply goods or provide a service, he can send the customer a letter of guarantee with a proposal for the upcoming delivery (offer), and if the customer gives a positive response to this proposal in writing (acceptance), such documents can be considered in as evidence of contractual obligations that are legally binding in the event of litigation. The main thing is that the offer contains essential conditions for the provision of services, performance of work or delivery of goods. For example, a clear list of goods, delivery times, types of services and the period for their provision. Without such conditions, the offer may be considered insignificant.

Important: Judicial practice on the issue of letters of guarantee is varied; in each specific case, the legal force of the letter depends on the content of the document, the positions of the parties in the case and other factors. Therefore, a letter of guarantee should not be considered a reliable legal guarantor of the fulfillment of obligations, and, if possible, it is best to replace it with a guarantee agreement.

The only “advantage” of a letter of guarantee is the fact that it interrupts the statute of limitations. For example, after the creditor has received a letter of guarantee acknowledging the existence of a debt, the limitation period, which is generally provided for 3 years, is recalculated.

Form of letter of guarantee for payment

The form of the letter of guarantee does not imply special legislatively developed norms. Therefore, the form of the document must comply with the general rules of business correspondence and contain the main elements of a business letter - registration number, sender’s details, addressee’s details, signatures, etc.). If an organization often uses letters of guarantee in its practice, in this case it is advisable to develop special letterheads. If there are no such forms, or the letter is drawn up by an individual, the form of the letter of guarantee can be arbitrary.

How to deliver a letter of guarantee

There are several ways to send a letter of guarantee to the recipient:

1.Personally. In this case, the addressee must sign for receipt of the document.
2.By postal service - by registered mail with acknowledgment of delivery.
3.Via fax or email.

Of course, the most preferable option is the first or second. The third option is acceptable if it is possible to reliably identify the owner of the email box (for example, if the agreement between the counterparties clearly states email addresses).

The material was prepared by order of the law firm "Dominium"

You can get answers to any questions about registering LLCs and individual entrepreneurs using the service free consultation on business registration:

Letter of guarantee for provision of a legal address- this is a document with which the owner of the premises guarantees the conclusion of a lease agreement in the event of successful registration of the LLC. Although the letter of guarantee is not included in the list of mandatory documents specified in the Law “On State Registration”, the tax authorities require it to confirm the authenticity of the statement.

The obligation of the Federal Tax Service to verify the accuracy of registration data, including information about the legal address, is established by Article 51 of the Civil Code of the Russian Federation. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 61 dated July 30, 2013 provides a list of signs indicating the unreliability of a legal address, such as:

several legal entities have already been registered at the address indicated in the registration documents, but communication with them is impossible (mass registration address);
the specified address does not exist or the property located at it is destroyed;
the address is a conventional postal address assigned to an unfinished construction project;
the address contains government agencies, military units and other facilities where registration of commercial organizations is not possible;
the owner of the premises stated that he does not allow the registration of a legal entity at the address of this property.

According to the Plenum, any of these circumstances indicates the unreliability of information about the legal address. As you can see, the absence of a letter of guarantee is not listed among these signs. At the same time, this list is not closed, which means that the tax office can prove that confirmation of the authenticity of the legal address allows it to be provided by a letter of guarantee from the owner of the premises.

Thus, although theoretically submitting registration documents without a letter of guarantee is possible, there is a risk of refusal to register an LLC. If you do not want to challenge an unfounded refusal in court, we recommend that you obtain a letter of guarantee from the owner.

Does the letter of guarantee have legal force?

Another question: is the owner of the premises, who issued a letter of guarantee before registering the organization, obliged to enter into a lease agreement for the premises at this address? The conclusion of an agreement occurs on the basis of the free will of the parties, therefore, in this case, it is impossible to force the lessor to transfer the premises for rent (unless the letter of guarantee is drawn up in the form).

The letter of guarantee only confirms that the owner has been informed that a legal entity is expected to be registered at the address of the property he owns, and he does not object to this. The tenant who has registered the organization at this address can also refuse to enter into a lease agreement.

If it so happens that the lease agreement at the address specified in the registration documents and letter of guarantee has not been concluded, then it is necessary to submit an application in Form P13001 (if the full legal address was indicated in the charter) or in Form P14001 to change the legal address.

Letter of guarantee form

Any property owner can issue a letter of guarantee: an ordinary individual or a commercial entity. It is good practice to adhere to business rules, so it is recommended to write a letter of guarantee on company letterhead, if available. You can download an example of a letter of guarantee for the provision of a legal address using the link:

There is no standard or statutory letter of guarantee form, but from its content it should be clear that the owner guarantees, in the event of successful registration of a new organization, to conclude a lease agreement with it at a specific address.

Check that the letter of guarantee must contain the following information:

details of the lessor who issued the letter of guarantee;
name of the registering tax office;
full address, characteristics and area of the premises;
Full name of the director and name of the future organization;
confirmation of the unhindered possibility of renting out the premises.

Attached to the letter is a copy of the certificate of ownership of the property at which the legal address is provided. Please note to the owner of the premises that after submitting documents for LLC registration, he must be available for communication using the specified contact information. With a high degree of probability, representatives of the registering Federal Tax Service will contact him. If the information is not confirmed by the owner, there is a risk of refusal to register the company at this address.

A letter of guarantee or a business letter is not a simple document; it is confirmation of the completion of any actions and even compliance with the stated conditions. It can record the deadline for completing the work, a guarantee of the quality of the service provided, the fact of payment for labor or cash payment. To correctly draw up a letter of guarantee, you should rely on existing design samples and forms.

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

Sample filling and form of letter of guarantee for payment of debt and payment for purchased goods or products

Let's look at the form of a letter of guarantee for payment of debt and several examples of how to fill it out. It is advisable that you draw up the document on a special form of the organization, as well as have the seal and signatures of the main persons of the company.

Designed samples:

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

Sample filling and form of letter of guarantee for work completion

The document must contain a clause indicating the completion of work, as well as the deadline for fulfilling obligations to the organization.
Letter form:

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

Often organizations independently put forward requirements for applications to receive goods. However, there is a standard form:

Example of a letter for the delivery of goods:

Sample filling and form of a letter of guarantee of employment or from an employer

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

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

Sample form 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. The employer is also obliged to record your salary, employment contract number and order number. Here is a form of a letter of guarantee for employment and an example of filling out the sample:

Sample form and letter of guarantee for inviting a foreigner

Sample form and letter of guarantee for internship and training

Sample filling and form of letter of guarantee to the tax office

When registering an LLC, tax authorities often require a letter of guarantee from the head of the company, which would confirm that the company has a legal address. Such a document must be written by the owner of the premises provided to the organization.
Letter of guarantee form:

Sample filling: