Guarantee letter types. Guarantee letter sample on payment for goods: sample letter

In trade relations, situations often arise when one of the partners cannot pay for a product or service immediately. You can get a deferred payment different ways, for example to conclude supplementary agreement with a supplier, obtain a loan or borrowed capital, make an installment purchase or issue a documented guarantee. An up-to-date sample of a guarantee letter for payment for goods can be downloaded at the end of the article.

In fact, the document has no significant legal force, and nothing prevents the buyer from breaking a written promise to pay on time. However, this kind of documentation can:

• restore the limitation period, i.e. the GP confirms that the debtor recognizes and accepts the debt;
• compensate for the absence of a concluded contract, for example, if the goods have been delivered and the contract has not yet been signed, then the “guarantee” will exclude legal problems;
• correct errors in the contract, for example, if the agreement between the partners is entered into by an unauthorized person, then the GP will eliminate the legal blot.

In some cases, the supplier may independently request a payment guarantee letter (a sample can be downloaded for free at the end of the article), even if the terms of the contract are not “burning”. For example, a guarantee is required to be provided to third parties as confirmation of the terms of delivery and payment.

The presence of such a document does not relieve the parties from responsibility and fulfillment of the terms of the agreements concluded. For example, if under the contract the buyer is obliged to pay for the products within 10 days, and specified 35 days in the guarantee, then the supplier has the right to accept the terms of the GP, but at the same time charge a penalty for violation of the terms for transferring payment for the supplied products.

The procedure for compiling a "guarantee"

There is no unified form for compiling a letter of guarantee. It is pointless to establish a single form, since in each case the content and text of the request-guarantee are determined on an individual basis. We suggest using a sample form of a payment guarantee letter (you can download it for free).

We draw up a guarantee on a sheet of A4 format, it is permissible to use the letterhead of the organization. Then follow the simple rules:

1. First of all, we write down the name and address of the recipient of the “guarantee”, we also indicate the position of the head of the company and his full name.
2. We indicate the name of the documentation, sample: "guarantee letter of payment for the goods."
3. We describe in detail the conditions and essence of the appeal. Without fail, we indicate the details of the contract and settlement documents, prescribe the terms and procedure for settlements between partners. We indicate the amount to be transferred, the frequency of payments and special conditions, if any.
4. If the GP is drawn up to adjust the details, terms of the agreement, then it is necessary to describe in detail the new conditions and details.
5. We sign the document with the head and chief accountant. We put the date and seal of the company.
6. We register the document in the journal of outgoing documentation.

You can download a sample payment guarantee letter for free.

Office correspondence abounds various types documentation. Among these or other business documents, entrepreneurs have to deal with letters of guarantee.

• What are they used for, in what cases are they necessary, what legal norms are they regulated by?
• What are the types of letters of guarantee?
• How to write and issue a letter of guarantee?

Let's figure it out together.

FILES

Definition and legal rules

From the point of view of legislation, a letter of guarantee is an element of the workflow, one of the types business correspondence– usually between legal entities. From the very title of the document it follows that letter of guarantee is a written way of confirming obligations or fulfilling certain conditions in the required time and to the required extent. This additional confirmation is used when conventional arrangements may not be sufficient.

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

Letters of guarantee are often used in entrepreneurial activity, however, no special rules governing their design and use, in Russian legislation not fixed. Therefore, one should be guided by standard business practices and strive to achieve the most clear and unambiguous language that accurately reflects the intentions and obligations of both parties.

Letter of guarantee instead of contract

In fact, drawing up a letter of guarantee is an alternative to concluding an agreement when such an action is inappropriate for some reason.

Unlike a contract, which includes an offer (offer) and obligations in accordance with this offer (acceptance), a letter of guarantee acts as one of these components.

Letter of guarantee as an offer

An offer always expresses a proposal sent to one or more addressees to enter into a certain relationship, and clearly declares the intentions of the addresser. From this point of view, a letter of guarantee may be considered an offer if it contains:

• an offer to pay for services after they have been rendered;
• an offer to perform work, to make a delivery, to provide a service.

The offer letter must be formulated in sufficient detail, because it replaces a part of the contract, which means it must contain its main essential elements:

• the subject of the offer (goods, services, types of work - a specific listing);
• deadlines.

NOTE! The terms indicated in the guarantee letter-offer are of decisive importance: sent to the addressee, it can no longer be canceled by the sender within specified periods for retaliatory actions, unless other conditions are specified in the text itself or follow from it.

The recipient of such a letter of guarantee, in case of acceptance of the offer, can fulfill the conditions or simply explicitly express consent: this action is considered the appropriate response, that is, the fulfillment of the second part necessary for the conclusion of the contract. Thus, as a result of the action of the letter of guarantee and the response of the addressee, a legal action takes place between them, equivalent to the conclusion of an agreement (no one bothers to sign a standard bilateral agreement in addition to it).

Letter of guarantee as acceptance

This document can also act as the second element of the contract - acceptance, that is, the intention to accept contractual proposals, if such proposals have already been voiced to the counterparty before. For example, an organization received offer, made a decision on the basis of an advertisement or an information site of a partner. Then the direction of the letter of guarantee will actually be a response to the offer made, albeit in an implicit form, of a contractual relationship.

The requirements for the answer are not as strict as for the proposal: in such a letter it is enough to formulate an unambiguous and detailed answer - consent to accept the proposed conditions.

NOTE! If the sender decides to revoke his letter of acceptance, then this must be done immediately, preferably before it reaches the addressee or immediately after that - before any procedural actions are taken on it.

Pros and cons of a letter of guarantee as a substitute for a contract

Positive points:

• you can not draw up a document signed by both parties;
• if the requirements for the offer and acceptance are met, such legal relations are absolutely legal;
• the court recognizes letters of guarantee on a par with the concluded contract.

Disadvantages of exchanging letters of guarantee:

• volume limits detailed description conditions;
• it is impossible to define all rights and obligations;
• procedural points are not specified;
• the responsibility of the parties is not always clearly defined.

Thus, contractual relations through letters of guarantee are legally valid, however, controversial points that may lead to litigation are not ruled out.

Specific types of letters of guarantee

Depending on the function that this letter of guarantee is intended to perform, their types are distinguished.

1. Letter of guarantee confirming payment obligations. Funds recognized under a letter of guarantee may be intended as payment for goods, services, performance of a particular work, or to pay off a debt. Such a letter is a fact of recognition of the debt. Most often, it is drawn up when, for some reason, the payment cannot be made immediately or it has to be postponed.
2. A letter of guarantee confirming the commitment to work, goods or services. Such a document assures the recipient that the obligations indicated in it will indeed be fulfilled by the specified date in a certain amount. It is possible to specify several time intervals, if we are talking about phased work. Such a document also confirms the required quality in accordance with certain standards (SNIPs, GOSTs, etc.). Such a letter of guarantee can be written if there is a possibility of violation of the terms according to the specification or other documents, or immediately before the conclusion of the relevant contract.
3. A letter of guarantee confirming the intentions of the landlord. This refers to the guarantee of assigning a legal address. Such a document will be required for presentation to the tax office if the organization does not own certain real estate for placement and indication in founding documents. The legal entity has the right to rent such premises, providing the tax authorities with a guarantee that the landlord really intends to provide such services to him.
4. Letter of guarantee confirming future employment. Such a letter may be needed when hiring is important for a future employee. legal significance. For example, such a letter of guarantee has the right to ask for:
   • student for presentation to the university (some educational establishments in certain specialties, especially in the case of training at the places of state order, they issue a diploma only after providing a certificate of future official employment);
   • a foreign employee (he must take such a document to the migration service);
   • released prisoners embarking on a labor path (they will have to report to the administrative supervision authorities).

Features of compilation and design

As a rule, any letter of guarantee does not exceed standard sheet A4 format, printed on a special letterhead of the sending legal entity, signed by the governing bodies (director, sometimes chief accountant), sealed by the organization. Required details:

• number and date (in accordance with the registration of outgoing documentation);
• name of the recipient organization;
• Full name of the recipient (usually this is the general director of the organization);
• the subject of the letter (it is not necessary to write the words “letter of guarantee” themselves, since such a document as a type of business correspondence does not legally exist);
• main content (guarantees of obligations, their volume and terms);
• sender data;
• position, personal signature and full name of the person signing the document (director, chief accountant).

Further nuances depend on the type of letter of guarantee. Let's take a closer look at them and specific example drawing up a letter of guarantee designed to perform a particular function.

We confirm payment guarantees

Such a document may be in circulation not only between organizations, but also between entrepreneurs - individuals.

A letter recognizing the debt and guaranteeing its repayment must necessarily have, in addition to the signature of the head, the signature of the financially responsible person (financial director, chief accountant).

Design subtleties:

• the addressee is an organization or person who should receive guaranteed payment;
• it is necessary to indicate the details of the document confirming the fact of the need for payment (invoice, acceptance certificate, contract, etc.);
• debt repayment periods must be specified;
• details of the organization that has the debt (future payer);
• any information relating to the situation that has arisen (for example, the reasons for the impossibility of timely payment).

HELPFUL INFORMATION! Most organizations do not include in the text of such a letter of guarantee an indication of their liability for breach of obligations, while the mention of sanctions for non-compliance with warranties has psychological impact to the counterparty.

Specific examples of letters of guarantee

Example of a letter of guarantee to confirm the debt

FILES

to CEO
Spetsinvest LLC
Studentsov P.I.

LETTER OF GUARANTEE

about the delivery of goods

Ref. No. 124/56n
09/12/2016

We hereby ask you to deliver a batch of products (means personal protection) according to application No. 46-18 dated 10.09.2016

We guarantee that payment for the delivery will be made before 10.10.2016.

If in fixed time payment will not be made in in full, for each day of delay, we undertake to pay a penalty interest at a percentage of 1% of the amount of outstanding obligations.

Bank details:

OJSC "Beta-bank", Ufa
account number xxxxxxxxxxx;
k / s xxxxxxxxxx;
BIC xxxxxxxx;
TIN xxxxxxx;
Checkpoint xxxxxxxx.

Domservis LLC (signature) N.P. Rabotnichenko

Accountant of Domservis LLC (signature) L.O. Raskidaylova

We confirm the execution

Assuring that the services or work will be completed by the specified date, the sender confirms the scope, timing and quality of the work.

Design specifics:

• details are standard;
• features of the main text - be sure to describe the types of services (works), clearly indicate the time frame and the guaranteed volume;
• the details of the documentation that became the basis for potential works or services (for example, an agreement, a contract, etc.) must be indicated;
• indicate the location and significant characteristics of the facility where work is performed or services are provided.

An example of a letter of guarantee confirming the completion of work

FILES

Director
OOO "Tertia"
Oliferenko M.V.

LETTER OF GUARANTEE

About Completion repair work

Ref. No. 124/1
05/05/2016

We confirm with this document that Masterovoy LLC, as a performer of work at the facility located at the address: Moscow, st. Bolshaya Dmitrovskaya, 28, apt. 115, in accordance with Contract No. 18 dated April 17, 2016, concluded with Tertsia LLC, guarantees the completion of all repair work (according to the specification of the above Contract Contract) by June 16, 2016 G.

In case of non-fulfillment of this obligation, Masterovoy LLC is ready to pay 1.5% of the amount specified in the Contract for each day overdue.

CEO
Masterovoy LLC (signature) A.F. Zakrevsky

Chief Accountant
Masterovoy LLC (signature) S.E. frisky

We confirm the provision of a legal address

To issue a letter of guarantee confirming the intention of the landlord, you need to consider the following nuances:

• the addressee of the letter is the local branch of INFS intending to register entity to whom the premises are rented;
• information about the owner of the provided real estate (legal entity) is required - the name of the organization, its head;
• there must be information about the newly created legal entity, at least the name;
• it is necessary to list all the main characteristics of the leased premises (address, area, etc.);
• a phrase is required that clearly declares the consent of the property owner to the conclusion with new organization lease agreements;
• the letter of guarantee must have an attachment - a certificate of ownership or a real estate lease agreement drawn up for a potential lessor (a copy certified by a notary).

An example of a letter of guarantee confirming the intentions of the landlord

FILES

INFS No. 2 for St. Petersburg

LETTER OF GUARANTEE

About providing a legal address

Saint Petersburg
October 18, 2016

Megapolis LLC, represented by CEO Samokhvalenko R.G., acting on the basis of the Charter, provides premises for the office with total area 60 sq.m., located at the address: St. Petersburg, Magnitogorskaya St., 15 .. office No. 4 for the state registration of Kodeks LLC. Megapolis LLC guarantees the conclusion of a sublease agreement after registration is completed. The designated address can be used as a legal address in the constituent documents of Kodeks LLC.

The above premises are owned by Megapolis LLC on a leasehold basis (Lease Agreement No. 567/18 dated December 10, 2013) with the right to enter into sublease agreements.

Appendix:

• a copy of the certificate of state registration of Megapolis LLC;
• a copy of the Lease Agreement No. 567/18 dated 12/10/2013

CEO

Megapolis LLC (signature) R.G. Samokhvalenko

Confirming a job

This letter of guarantee is drawn up taking into account the following features:

• a specific person or organization is indicated, but addressing “at the place of demand” is also acceptable;
• mandatory affixing of the outgoing number and date in accordance with the Correspondence Registration Journal;
• the name of the position to which the person with the specified personal data is accepted (full name without abbreviations);
• the main points of future employment are prescribed (rate, salary, employer guarantees);
• the letter can be transferred to the addressed organization or entrusted to the future employee himself.

Example of a job guarantee letter

FILES

To whom it May concern

LETTER OF GUARANTEE

About hiring

Ref. No. 634/78
07/14/2016

With this document, Home Teacher LLC confirms its intention to hire and the obligation to conclude labor contract with Alenikova Polina Stanislavovna, taking her on the staff as a teacher in English from 01.09.2016

Domashniy Uchitel LLC undertakes to provide Alenikova P.S. official wages in the amount of 65,000 rubles. per month plus monthly performance bonus. We guarantee official registration in accordance with Labor Code Russian Federation and a full social package.

CEO
OOO Domashniy Uchitel (signature) V.K. Licensors

Chief Accountant
OOO Domashniy Uchitel (signature) Yu.L.Zarubinskaya

A letter of guarantee for payment (sample) for which a document is needed, how to draw it up correctly, samples of writing a letter of guarantee for payment of debts and performance of work

What is a letter of guarantee, how to write it correctly, examples of writing a letter of guarantee. A letter of guarantee is a document that confirms the intention of one party to perform certain actions in favor of the other party or, as an example, the intention to adhere to any conditions in relation to the other party. A well-written letter of guarantee is a guarantee of your confidence in its execution.

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Letter of guarantee - what is it?

Payment guarantee letter (sample)- This is primarily a document containing a guarantee of the implementation of the obligations assumed by one party in relation to the other. Such obligations may be the provision of any services, the performance different kind work, payment of debt and so on.

The most common type of letter of guarantee is a letter of guarantee to pay the debt.

Properly drawn up document - a guarantee of its implementation

In order for the letter of guarantee to be drawn up correctly and correctly, it is worth adhering to the following recommendations:

• Appropriate writing style - when writing a letter, you need to adhere to business style, after all, a letter of guarantee is, first of all, a document.
• Expediency and brevity - do not write too much, it will be enough to briefly and concisely state what is needed.
• Specifics - exclude words that carry uncertainty, it is worth clearly formulating sentences, using such words, for example, as we guarantee, we undertake.
• Certainty and clarity - the text of the letter of guarantee should be clear and simple.
• Spelling and punctuation errors in the letter are not allowed.

Letters of guarantee on behalf of a legal entity must always contain the necessary details and the signature of the head.

Required details for a legal entity:

• Name of the organization and its details
• Required contact details
• The essence of the letter
• date of signing
• Seal of the organization, as well as the signature of the responsible person

Requisites for individuals:

• Passport details and residential address
• The essence of the letter
• Signature

Document execution

Since the legislation does not have a clearly prescribed form for writing a guarantee letter for paying debts, confirming the performance of services and works, for hiring and other types of this letter, it is quite simple to write it.

When writing a letter of guarantee, it is only worth considering that if the letter is written on behalf of, it must be drawn up on the letterhead of a legal entity and contain the necessary details. From individual a letter of guarantee may be written in any written form.

Samples of writing guarantee documents

A letter of guarantee on payment of debts (the document must be drawn up on the letterhead of the organization, must be signed by the chief accountant, as well as the head, a company seal must be affixed).

To convince the partner that payment will be received in a timely manner after the delivery of products, performance of work or provision of services, a letter of guarantee of payment will help. It is a type of business correspondence between organizations and confirms the intentions of payment in the future, after the preliminary fulfillment of obligations by the transaction partner. The letter of guarantee is the basis for entering into the contract such a payment condition as a deferred payment. Pre-contractual negotiations may end with the preparation of this document.

Before writing a guarantee letter for payment, read the rules for its preparation. In large organizations, there are special instructions for office work, which contain mandatory requirements for the design of business correspondence. There are programs that facilitate office work in an organization and offer a document management system with developed document forms. If you have small company and there is no local office management instruction, it is recommended to apply general rules GOST R 6.30-2003 "Requirements for paperwork".

Take the letterhead of the organization or put a corner stamp with the details of your company on a piece of paper on the left. At the top right, write the addressee to whom you are sending the letter. If you don't know who exactly is involved financial matters in an organization, your letter will be addressed to the company as a whole. Write her name in the nominative case. If you indicate the position and full name of the recipient, then in the dative case. The name of the organization is included in the position. Then follow the initials and surname. If completely, then in the following sequence: last name - first name - patronymic. Addressing "Mr" (short for "Mr") is optional, but will emphasize respect. On the left, indicate the outgoing number and date of the document, below them is an empty requisite for the incoming number and date of receipt. Down center on old habit many indicate the name of the document - a letter of guarantee for payment. By modern rules the name is not indicated. Then state the essence of the letter with restraint and objectivity. At the end, the signature of the head and chief accountant, the seal of the organization.

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In the text of the letter, indicate the amount and terms of payment, the subject of the contract (what product, work or service), bank details and legal addresses of the parties to the transaction. At the end of the text, use the phrase "payment guaranteed."

Use official style statements, simple concrete sentences. Do not use participles and adverbial phrases. Avoid vague phrases and lengthy discussions. Otherwise, your addressee will not understand the essence of your request or doubt your guarantees. Goodwill and sincerity will help set up a partner to make an affirmative decision in your favor. Jargon, archaisms (outdated, unused words) and ambiguous words are not for business correspondence. Write correctly and without errors. Usually making important decisions requires the rapid delivery of information. Letters go by mail for a long time. Therefore, the letter is first sent by fax. The recipient uses the fax copy until the original document arrives by mail. The exchange of letters via the Internet is widespread. The original document with seals and signatures is scanned and sent via e-mail.

Correctly drawn up letter of guarantee on payment and conscientious fulfillment of the undertaken obligations will create a good reputation for your company and will be the key to profitable long-term cooperation with business partners.

Financial relations between individuals or legal entities are supported by relevant documents.

The main thing is the contract, which spells out the rights and obligations of the parties. If one of them cannot fulfill financial obligations, a letter of guarantee is written to pay the debt.

Document Functions

This document is necessary for the pre-trial settlement of financial disputes. The basis for its formation are certain articles of the Civil Code of the Russian Federation - 619, 715, 723 and 480. The choice depends on the specific case and type of monetary obligations. However, this practically does not affect the form and partially affects the content. In the latter case, it is recommended to provide a link to a legislative document in order to increase the chances of a positive response from the other side.

The letter of guarantee performs the following functions:

• notifies the creditor or provider of services (goods) of temporary financial difficulties;
• serves as a basis for revising the debt repayment schedule;
• included in the package of documents for pre-trial settlement of disputes;
• reinforces the intention of one of the parties to the contract to pay off accounts payable

A letter of guarantee can be drawn up on behalf of an individual or organization. It does not matter whether such a possibility is provided for by the contract or not. The determining factor is the freedom of expression of the will of the debtor.

In the process of negotiations, the content of the document may change if the initial conditions do not suit the creditor.

Previous versions do not lose their legal force and can be used as evidence during the trial.

Is it necessary or not?

This document can express the intentions of one of the parties to the contract, regardless of the type of commodity-money relations. A letter of guarantee is drawn up in two cases. The first one is that the borrower has not yet overdue payments, but the financial situation will not allow fulfilling obligations in the future. The second case - the debt has already been formed, the schedule for its repayment differs from that specified in the contract.

The following factors are the basis for writing a letter of guarantee:

• all types of loans: consumer, targeted, monetary;
• late payment for goods or services.

The date of drawing up the document should not be earlier than the signing of the contract between the parties. The letter must contain references to the clauses of the agreement. Also, you cannot present a new repayment schedule if the amount of the debt or the methods of its calculation are controversial. To solve this problem, another type of letters is provided - claim letters. They differ in content and legal force.

Within the framework of the current legislation, there are no strict rules for filling out a letter of guarantee. But besides them, there are unspoken recommendations on document management. If you draw up a document in accordance with these rules, there will be no ambiguity in the wording, there will be no ambiguities when reading the content.

• It is necessary to justify the reason for the delay in payment, and as a result, the formation of debt. If these are third-party circumstances, supporting documents are attached.
• Accurately describe the proposed debt repayment schedule, take into account the difference with the original plan specified in the contract.
• Indicate the clauses of the contract that are violated as a result of the delay.
• It is recommended to use links to regulations if the content of the contract falls within their scope.
• The presentation of the thought is short, using business turns and formulations. Jargon and similar phrases are not allowed.

Sample letter of guarantee for payment of debt

For specifics, you need to familiarize yourself with the sample document. Its content will vary on a case-by-case basis. Within the framework of one contract, several guarantee letters for payment of debts can be drawn up, with a difference in wording depending on the circumstances and factors.

A typical sample should contain the following sections:

• Destination. It indicates the full name of the creditor, his address. For the organization, you need to specify the head to whom the letter is sent - full name and position.
• Compiled. It can only be a private or legal person with whom the contract is concluded. Third parties are not authorized to draw up such documents.
• Main content. Here it should be indicated that the credited person undertakes to repay the formed debt within the framework of current contract. The exact amount is indicated. Additionally, you can paint the exact payment schedule.
• Penalties. The item is optional, but recommended. It sets out the amount of penalty to be charged. total amount if the applicant fails to fulfill the obligations assumed.
• Signature of the responsible person, his full name and the date of the formation of the application.

After checking the content, the document is sent to the creditor. It's important to get familiar with it. responsible manager or an employee who proper level powers. Most often it is Chief Accountant organizations.

How to compose text correctly

Often the problem in rejecting a letter of guarantee lies in incorrect or ambiguous wording. Therefore, often for its preparation resort to the services of professional lawyers or hired accountants. This is true if the terms of the payment agreement were violated for the first time. For regular partners, the letter is only a guarantee in nature - a brief content is allowed.

To make an application, the text must contain one of the following expressions and phrases:

• We guarantee full and timely payment. It is used to confirm obligations and the date (schedule) of debt repayment.
• Due to the unfavorable economic situation (circumstances). The reasons for deferred payments are specified.
• Due to special circumstances. Indicated for force majeure. In this case, the details can not be deciphered. But it all depends on the degree of trust between partners.

The circumstances of the delay should be explained as simply as possible, but at the same time detailed. The creditor should have no doubts about the observance of earlier agreements. If additional documents are attached to the application, they must be referenced in the content. These can be statements from the company's accounts, information about the occurrence of force majeure circumstances.

Letter with payment schedule

If the amount of the debt is large or the terms of the agreement imply payment in several stages, a payment schedule is drawn up. It is attached to the letter of guarantee and is the basis for the intentions of the creditor to repay the debt. When forming an application with a payment schedule, you should carefully analyze the possibility of making the required amounts on the specified dates.

When drawing up a schedule, the following factors should be considered:

• The chart is a separate application. It should be referenced in the body of the document.
• The date of the formation and sending of the payment is indicated. It may differ from the time of receipt of funds to the current account of the creditor. The difference is from 3 hours to several days.
• Take account mandatory compliance repayment. The required amount must be prepared in advance so that a new delay does not form.
• In the purpose of payment, the number of the contract and the phrase "According to the letter of guarantee" are written. Penalty payments can be made separately or taken into account in the total amount. This should also be indicated in the purpose of payment.

Additionally, you can specify the bank details of the account from which the cash. It is important that the lender sees the payment in a timely manner, the time of receipt of which corresponds to the previously received guarantee letter and schedule.

Legal force of the document

This type of document does not have any specific legal effect. In the current Civil Code there are no articles describing the letter of guarantee, requirements for its preparation and detailed recommendations and actions. But this does not mean that the application is useless - if properly drawn up, it can become the basis for deferred payment.

A letter of guarantee for payment of a debt has the following advantages:

• Confirms the recognition of the amount of debt. By this, the sender does not renounce the obligations assumed in the contract, but only wants to change them to solve temporary financial difficulties.
• May prevent the commencement of litigation for debt collection. The practice of pre-trial settlement in compliance with the laws shows that this method of resolution conflict situations beneficial to all parties.
• For a creditor, a letter of guarantee can become one of the evidence of non-compliance with the conditions if the case goes to court.

The actual validity of the document does not begin from the moment it is provided by the other party, but by formal agreement with the terms of deferment. To do this, it is recommended to make adjustments to the previously signed agreement or make an annex to it. In this case, the original remains with the creditor, and a copy with a mark of receipt - with the debtor. A similar measure is needed for the same information in the package of documents for both parties.

Transfer and possible reasons for refusal

As such, there is no clear procedure for transferring the application to the other party. Typically, letters of guarantee are given to the administrator of the organization or authorized representative. But this may lead to the lack of information from the manager about the receipt of the document.

Based on the experience of transmitting such applications, it is recommended to perform the following actions:

• the document is given to the head or chief accountant;
• you need to make a copy of the letter of guarantee, on which the date of receipt by the creditor, wet seal, full name and signature of the recipient is put;
• if the transfer is carried out through the secretary, the head (chief accountant) is informed in telephone conversation or by email;
• it is desirable to duplicate the letter by fax and e-mail.

Confirmation of receipt and agreement with the terms of the application - the creditor's resolution on the document. In rare cases, a response letter is generated.

Only disagreement with the amount of the debt or the schedule of its repayment can serve as a refusal for such applications.. But this needs to be discussed in advance to avoid unnecessary paperwork. During negotiations, general agreements are reached, which are then written in a letter of guarantee.