It is provided by a credit institution from the Register (list) of banks provided for in Article 74.1 of the Tax Code of the Russian Federation. Requirements for such banks:
Information about the presence (absence) of signs of compliance with the above requirements is available from the Central Bank of the Russian Federation, which regularly monitors banks. He also provides it to the Ministry of Finance, which maintains the Register, updating it monthly.
You can get acquainted with its current version on the official website at this link.
2 - 5% of size... In ruble terms from 3,000 rubles... Depends on the term and amount of collateral.
For a more accurate calculation, use the main page of the site.
2 days(if you have a package of documents).
10 major legal and accounting documents (certificates from the fiscal authorities - with a suspensive provision). It can be done electronically.
all subjects of Russia(possibly thanks to electronic document management).
Guarantees are issued taking into account the requirements set forth in FZ-44 (hereinafter referred to as the Law), regulating their fundamental conditions (Article 45 of the Law):
* Amount of the bank guarantee is also regulated by the Law:
By general rule it is from 5 to 30% of the initial price (the exact parameters will be indicated by the Customer), but:
- if the maximum contract price is more than 50 million, then the scope of this range will be higher: from 10 to 30% (and if there is an advance, then not less than its size);
- if the amount of the advance< 30% от максимальной цены контракта, то сумма гарантии = сумме аванса;
- if the procurement participant won the auction by reducing the price by 25% of the initial value or more, then the size of the bank guarantee will be increased by 50% of its original value.
** The law establishes the terms of the guarantee based on the purposes of its use. If it provides:
- a tender application, then it must be valid + 2 (two) months from the end of the submission of such applications (clause 3 of article 44 of the Law);
- execution of the contract, then + 1 (one) month from the date of the planned expiration of the contract (clause 3 of article 96 of the Law).
The customer can return the proposed security back to the Contractor within 3 working days from the date of its provision (if found violations). He will check it for compliance with the above requirements, as well as the same provisions of the tender documents and, finally, the presence in the Register (list) of issued guarantees.
First of all, you need to familiarize yourself with the "fresh" version of the list of banks from the website of the Ministry of Finance, and then call each of them (about 300 banks). At this stage, many of them “drop out” due to the fact that, although they are on the List, they either do not issue guarantees, or they do it only “for their own” (other reasons).
Pay attention to the banks in which you have opened accounts: if they are on the List, then in parallel you can find out their terms of work under guarantees and try to get it there. Your tactical task- and strategic - to have 4-5 partner banks, ready to provide your applications and contracts on market conditions.
If you are not ready to waste time on this process - use already ready-made solution: leave a request on our website and we will help you to arrange work on securing contracts and applications on conditions acceptable to you.
Legal and financial sources provide complex definitions of a bank guarantee and the process for obtaining one. The name first appeared in the Civil Code (CC) in the nineties. The Law on the Contract System (44-FZ), which entered into force in 2013, called the 44-FZ bank guarantee the most reliable way for a supplier to confirm its reputation as an interested and responsible participant, and also the only alternative to transfer funds as security for obligations.
Until 06/30/2019, the procurement participant has the right to provide a bank guarantee only in quality. As for, the supplier will be able to use the guarantee only from 01.07.2019.
A bank guarantee to ensure the execution of a contract allows a supplier to participate in several purchases at once without an outflow of funds and execute several contracts that are important for him at the same time.
There are the following types of bank guarantees:
An irrevocable cannot be revoked, canceled or changed (most BGs are). The revocable guarantor can at any time and without prior notice to the creditor (in these cases, creditors must be careful and prudent).
Direct is issued by the paying bank, and indirect - through the intermediary bank.
Simple is provided by the bank on behalf of the supplier in favor of the customer. Counter-guarantee means that the fulfillment of obligations is guaranteed not by the bank that issued the document, but by another one chosen by the supplier. Syndicated ones are used when the bank that the trader contacted does not have the required amount. In this case, he applies for support to another bank, and subsequently each of the participating banks receives his share of the guarantee amount.
For limited, the guarantor is responsible only for part of the obligations, which are expressed in a specific amount, and for unlimited - for the entire amount of the borrower's obligations.
Payment guarantees payment for bills, letters of credit, collection transactions. Negotiated is subject to contract execution.
Finally, the conditional bank pays out only upon the occurrence of the conditions specified in it.
There are three sides:
Relations between the parties are fixed in the text of the document, as a rule, in the preamble.
The beneficiary acts as the beneficiary, a document is prepared for him. Sometimes the customer, on his own initiative, includes the BG project recommended by him in the documentation. Collateral in this form helps the beneficiary to avoid the risk of non-performance of the contract and is in a convenient way check the financial solvency of the principal.
The guarantor is vouched for the executor of the contract in case of failure by him of the obligations assumed. The legality of the activities of the guarantor bank is confirmed by the general license to carry out financial transactions.
The principal in a bank guarantee is a person interested in a transaction with a customer who does not want to withdraw funds from circulation (for example, in order to minimize costs), but prefers to pay the bank for the service of providing collateral. At the same time, the participant confirms his reliability and stability of his position in the market, since the bank does not issue BG to anyone who wishes.
A bank guarantee is a special case of an independent guarantee and has its own characteristics. 44-FZ indicates that a bank guarantee, as a way to ensure the fulfillment of obligations, is issued by a bank (included in the list of the Ministry of Finance under Article 74.1 of the Tax Code) and is irrevocable.
In Art. 45 44-FZ, the list of mandatory requirements for BG maintenance for securing applications and execution of contracts is much wider:
The Bank shall enter information on the issued BG into the BG register no later than one business day after the date of issue or amendments to its terms. Then, during the next business day, the bank sends the principal an extract from the register. Thus, 44-FZ presented increased requirements for the execution of the document and thereby gave stability to the resulting guarantee relations.
Since 07/01/2018, information from the register has disappeared from the Unified Information System. In the section "Register of bank guarantees" (RBG), a notification appeared that, in accordance with Part 8.1 of Art. 45 44-FZ, information on bank guarantees that are provided to secure applications and the execution of government contracts are no longer published in the EIS.
Each bank establishes its own blank for BG, so it is impossible to provide a certain universal model. But you can show how BG looks like on the example of one of the banks.
What should be a bank guarantee and in which banks this document can be obtained, we will tell in the article.
Contract enforcement is the amount that the procurement winner must pay to the customer prior to contracting. Thus, he provides the customer with a guarantee that the contract will be executed on time and without complaints. There are two forms of posting collateral. The winner can transfer funds to a special account or receive a bank guarantee.
For the requirements for a bank guarantee, see the Decree of the Government of the Russian Federation of 08.11.2013 No. 1005. Among other things, it says what information is prohibited to be included in this document:
In 2018, the decree was changed. From now on, the bank guarantee must be signed with an enhanced qualified signature.
Not every bank has the right to issue guarantees under 44-FZ. Requirements for credit institutions are spelled out in the Decree of the Government of the Russian Federation of 12.04.2018 No. 440:
From 2020, the requirements will be tightened.
A bank guarantee for securing the execution of a 44-FZ contract must contain the following information:
The customer has the right not to accept the guarantee if it is not in the register, its validity period has expired or the content does not correspond to the information specified in the procurement documentation (for example, the amount of the guarantee is less than the amount of the contract security).
One of the most important conditions for a bank guarantee under 44-FZ is its validity period. It is limited by law, so you need to contact the bank immediately before providing security. However, it is not worth delaying, because the credit institution will take time to consider the application.
If the guarantee is secured by a claim, its duration must be two months longer than the period for which the claims were made. To ensure the performance of the contract, the duration of the guarantee must be at least 1 month longer than its duration.
All issued bank guarantees under 44-FZ are entered into a special register, it is maintained in the EIS. Previously, suppliers could easily check the validity of documents using this list - the list was publicly available. However, the situation has changed since July 1, 2018. Now the register has been removed to the closed part of the EIS. It is available only to banks and customers.
The customer can learn how to work with the register from the UIS user manual. Functions such as viewing a document card, uploading data, generating a refusal to accept a guarantee, etc. are available.
As of 2018, vendors cannot view the registry. This means that it will not be possible to verify the authenticity of the guarantee issued by the old method. However, now banks are obliged to report to clients on entering data into the register of bank guarantees under 44-FZ. According to the law, the credit institution must notify the client about the inclusion of the guarantee in the list within one business day, and also provide its unique number.
A bank guarantee to ensure the execution of a contract under 44-FZ from 2019 can be used in electronic procedures. This possibility is provided for by the Decree of the Government of the Russian Federation dated May 30, 2018 No. 626. The changes come into force on July 1, 2019.
All that is required from the procurement participant is to provide the ETP operator with the entry number in the register of bank guarantees. This number will be reported by the employee of the credit institution. The ETP operator will check it against the register and inform the customer about the validity or invalidity of the guarantee.
A bank guarantee is an official paper that allows the lender to make sure that the funds will be returned to him. That is, the bank gives a guarantee to the creditor, who in this area is called beneficiary that, if necessary, after he demands the return of funds that the principal, that is, the debtor, must return.
Such a guarantee is issued precisely to the principal and it is a guarantee for the execution of the contract. If an organization works under a government contract, then its head clearly knows what a bank guarantee is, because a copy of it is a mandatory document for a government contract, and the guarantee itself must be reflected the most important points contract.
The requirements for how a bank guarantee agreement should look like and what should be in it is written in federal law, which has number 44.
It is worth noting that a bank guarantee is an official document, the bank always takes its conclusion very seriously, therefore the customer should also treat it as well. You can't just revoke a warranty if you don't need it. Current laws have established only a few cases when such an agreement with a bank can be considered closed.
Firstly, the contract ends when its term expires, it is always negotiated and indicated in the contract itself.
Secondly, if the debtor paid the entire amount that he owed to the creditor, he did not need the bank's services on his own.
In addition, a situation may arise when the creditor himself relinquishes his rights to the amount that must be paid under the guarantee, or he can release the bank from its obligations under the signed agreement, but this expression of will must necessarily be provided in writing and supported by a signature ...
Such situations are rare enough, however, you need to know that in this case, the beneficiary is obliged to warn only the bank itself about the refusal of the guarantor's services, but the principal is obliged notify the bank about the incident, and this should be done as quickly as possible. The law does not provide for other options when the contract for the provision of the guarantor's services can be terminated.
Of course, a bank guarantee is worth a certain amount of money, which can be rather big, although, recently, banks do not charge too much interest for it. However, organizations still very often resort to this method of assurance, because in this way the organization can show that it is reliable to work with it.
In addition, many companies want to participate in state supplies of goods, because it is very profitable, but only those who have signed a bank guarantee agreement can.
In addition, very often such transactions are concluded when, on the security of a bank guarantee, the counterparty delivers a loan with its goods. If the principal has a similar agreement with the bank, then very often the lender allows the payment to be deferred under their contract for the period for which the bank guarantee is concluded.
A bank guarantee in almost all cases is secured against the security of any property of the organization. The opposite situations arise only if the bank already trusts the client, that is, the organization applies for a bank guarantee not the first time, but such cases are extremely rare and obtaining a guarantee without collateral depends on the bank's policy.
However, why not just give the lender as collateral what the borrower has? The bottom line is that the bank pledges that property that is considered difficult to convert into money, that is, illiquid. Of course, the beneficiary will not want to take as a pledge what he can later sell, if necessary. only with difficulty, and the bank is ready for such a deal.
In fact, when a situation arises when the guarantee will need to be used, the bank will not give its own money, but the money received from the sale of the collateral. This is very attractive for the beneficiaries, because they do not want to engage in the sale of someone else's property in order to get their money back.
So, a bank guarantee means that the bank promises to return the funds to the beneficiary, which the principal took from him, if he himself cannot do it.
Nowadays, such a guarantee is mandatory for satellites of all major contracts, because the risks associated with them are quite high. Thus, the lender will be sure that the money will be returned to him, and the borrower can receive a lucrative contract.
The bank, on the other hand, loses almost nothing, when a situation arises when it will be necessary to pay money for the borrower, he will only need to sell the collateral, because for the bank it's not very difficult... But the bank takes a certain percentage in its favor, which is determined by the bank's board, and if the situation does not come, then the bank remains only in the black. Like all participants in this transaction.
1. Customers, as security for applications, execution of contracts, guarantee obligations, accept bank guarantees issued by banks that meet the requirements established by the Government Russian Federation, and included in the list provided for in part 1.2 of this article.
1.1. When establishing requirements for banks, the Government of the Russian Federation establishes requirements for the size of the bank's own funds (capital) and the level of credit rating assigned to a Russian credit institution by one or several credit rating agencies, information about which is entered by the Central Bank of the Russian Federation into the register of credit rating agencies, according to the national rating scale for the Russian Federation in accordance with the methodology, the compliance of which with the requirements of the Federal Law of July 13, 2015 N 222-FZ "On the activities of credit rating agencies in the Russian Federation, on amending article 76.1 of the Federal Law" On the Central Bank of the Russian Federation (Bank Russia) "and the recognition as invalid of certain provisions of legislative acts of the Russian Federation" is confirmed by the Central Bank of the Russian Federation.
1.2. The list of banks that meet the established requirements is maintained by the federal executive body for regulating the contractual system in the field of procurement on the basis of information received from the Central Bank of the Russian Federation, and is to be posted on the official website of the federal executive body for regulating the contractual system in the field of procurement in the information and telecommunication network "Internet". If circumstances are revealed that indicate the compliance of a bank that is not included in the list with the established requirements, or that a bank included in the list does not comply with the established requirements, such information is sent by the Central Bank of the Russian Federation to federal body executive power to regulate the contractual system in the field of procurement within five days from the date of identification of the specified circumstances to make the appropriate changes to the list.
2. The bank guarantee must be irrevocable and must contain:
1) the amount of the bank guarantee payable by the guarantor to the customer in the cases specified in Part 15 of this Federal Law, or the amount of the bank guarantee payable by the guarantor to the customer in the event of improper performance of obligations by the principal in accordance with this Federal Law;
2) obligations of the principal, the proper performance of which is secured by a bank guarantee;
3) the obligation of the guarantor to pay the customer a penalty in the amount of 0.1 percent of the amount payable for each day of delay;
4) the condition according to which the fulfillment of the obligations of the guarantor under the bank guarantee is the actual receipt of funds to the account on which, in accordance with the legislation of the Russian Federation, transactions with funds received by the customer are accounted for;
5) the validity period of the bank guarantee, taking into account the requirements of Articles and this Federal Law;
6) a suspensive condition providing for the conclusion of an agreement for the provision of a bank guarantee for the obligations of the principal arising from the contract upon its conclusion, in the event that a bank guarantee is provided as security for the performance of the contract;
7) the list of documents established by the Government of the Russian Federation provided by the customer to the bank simultaneously with the requirement to pay the amount of money under the bank guarantee.
3. In the case provided for by the notice of the procurement, the procurement documentation, the draft contract concluded with a single supplier (contractor, performer), the bank guarantee includes a condition on the customer's right to uncontested debiting of funds from the guarantor's account, if the guarantor does not more than five working days, the customer's request for payment of the amount of money under the bank guarantee, sent before the expiration of the bank guarantee, has not been fulfilled.
3.1. The reduction in accordance with Parts 7 and 7.1 of this Federal Law of the size of the security for the performance of the contract, provided in the form of a bank guarantee, is carried out by the customer by waiver of part of his rights under this guarantee. In this case, the date of such refusal is the date of inclusion of the information provided for by Part 7.2 of this Federal Law in the relevant register of contracts provided for by this Federal Law.
4. It is prohibited to include in the conditions of the bank guarantee the requirement that the customer submits to the guarantor judicial acts confirming the failure of the principal to fulfill the obligations secured by the bank guarantee.
5. The customer considers the received bank guarantee within a period not exceeding three working days from the date of its receipt.
6. The basis for refusal to accept the bank guarantee by the customer is:
1) the lack of information about the bank guarantee in the registers of bank guarantees provided for by this article;
2) non-compliance of the bank guarantee with the conditions specified in parts 2 and 3 of this article;
3) non-compliance of the bank guarantee with the requirements contained in the notice of the procurement, the invitation to take part in the determination of the supplier (contractor, executor), the procurement documentation, the draft contract, which is concluded with a single supplier (contractor, executor).
7. In case of refusal to accept the bank guarantee, the customer, within the time period established by part 5 of this article, informs in writing or in the form electronic document about this the person who provided the bank guarantee, indicating the reasons that served as the basis for the refusal.
8. The bank guarantee used for the purposes of this Federal Law, information about it and the documents provided for in part 9 of this article must be included in the register of bank guarantees placed in a single information system, with the exception of bank guarantees specified in part 8.1 of this article. Such information and documents must be signed with an enhanced electronic signature a person entitled to act on behalf of the bank. Within one business day after the inclusion of such information and documents in the register of bank guarantees, the bank sends the principal an extract from the register of bank guarantees.
8.1. The information on bank guarantees provided for in part 9 of this article is not posted on the official website, and when purchasing goods, works, services, information about which constitutes a state secret, is included in the closed register of bank guarantees, which is not posted in the unified information system and on the official website ...
8.2. Additional requirements to the bank guarantee used for the purposes of this Federal Law, the procedure for maintaining and placing the register of bank guarantees in the unified information system, the procedure for forming and maintaining a closed register of bank guarantees, including the inclusion of information in it, the procedure and terms for providing extracts from it, the form of the claim on the implementation of payment of the amount of money under a bank guarantee shall be established by the Government of the Russian Federation.
9. The following information and documents shall be included in the register of bank guarantees and the closed register of bank guarantees:
1) the name, location of the bank that is the guarantor, taxpayer identification number or, in accordance with the legislation of a foreign state, an analogue of the taxpayer identification number;
2) the name, location of the supplier (contractor, executor) who is the principal, the taxpayer identification number or, in accordance with the legislation of a foreign state, an analogue of the taxpayer identification number;
3) the amount of money specified in the bank guarantee and payable by the guarantor in the event of failure by the procurement participant in the established cases to comply with the requirements of this Federal Law;
4) the validity period of the bank guarantee;
5) a copy of a bank guarantee, with the exception of a bank guarantee, information about which must be included in the closed register of bank guarantees in accordance with part 8.1 of this article;
6) other information and documents, the list of which is established by the Government of the Russian Federation.
11. The bank that issued the bank guarantee, no later than one business day following the date of its issue, or the day of amendments to the conditions of the bank guarantee, include the information and documents specified in part 9 of this article in the register of bank guarantees or within the specified time frame sends in accordance with the procedure for the formation and maintenance of a closed register of bank guarantees, information for inclusion in the closed register of bank guarantees.
12. In the event that a new security for the performance of the contract is provided in accordance with part 30, paragraph 9 of part 1, part 7 of this Federal Law, the customer does not return the bank guarantee to the guarantor who provided the specified bank guarantee, and no collection is made on it.
The provisions of Article 45 of Law No. 44-FZ are used in the following Articles:4. A bank guarantee issued to a procurement participant by a bank for the purpose of securing an application for participation in a tender or auction must comply with the requirements of Article 45 of this Federal Law. The period of validity of the bank guarantee provided as security for the application must be at least two months from the date of the end of the application submission period.
5) documents confirming the entry of a security for an application for participation in an open tender (a payment order confirming the transfer of funds as security for an application for participation in an open tender, or a copy of this payment order or a bank guarantee that meets the requirements of Article 45 of this Federal Law), into if the customer, in accordance with this Federal Law, has established a requirement to secure an application for participation in an open tender. These documents are not submitted by state, municipal institutions;
3. Execution of the contract, guarantee obligations may be secured by the provision of a bank guarantee issued by the bank and complying with the requirements of Article 45 of this Federal Law, or by depositing funds to an account specified by the customer, on which, in accordance with the legislation of the Russian Federation, transactions with funds received by the customer are accounted for. The method of securing the execution of the contract, guarantee obligations, the term of the bank guarantee are determined in accordance with the requirements of this Federal Law by the procurement participant with whom the contract is concluded independently. In this case, the validity period of a bank guarantee must exceed the contractual term for fulfilling the obligations that must be secured by such a bank guarantee by at least one month, including if it is changed in accordance with Article 95 of this Federal Law.
1) not be guided by the provisions of Articles 23, 28, 30, 34-37, 41, 44, 45, 103 and parts 4-6 of Article 104 of this Federal Law;
31. Until March 31, 2015, the requirements of Article 45 of this Federal Law regarding the inclusion of a bank guarantee, as well as information and documents provided for by Part 9 of this Article, in the register of bank guarantees shall not apply to bank guarantees provided as security for applications for participation in the determination a supplier (contractor, performer) in a closed way, used in the implementation of purchases, information about which constitutes a state secret, or as a security for the execution of a contract containing information constituting a state secret. Customers shall not have the right to refuse to accept such bank guarantees on the grounds specified in Clause 1 of Part 6 of Article 45 of this Federal Law.
1.1. Clause 1 of part 6, parts 8 and 11 of Article 45 of this Federal Law shall enter into force on March 31, 2014.
