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Letter of guarantee - what is it?
Payment guarantee letter (sample)- this is, first of all, 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, performance of various types of work, payment of debt, and so on.
The most common type of letter of guarantee is a letter of guarantee for payment of debt.
A correctly drawn up document is a guarantee of its implementation
In order for the letter of guarantee to be drawn up correctly and correctly, you should adhere to the following recommendations:
- Appropriate writing style – when writing a letter, you need to adhere to a business style, because a letter of guarantee is, first of all, a document.
- Expediency and brevity - you should not write too much; it will be enough to briefly and concisely state what is needed.
- Specificity - exclude words that carry uncertainty; it is worth formulating sentences clearly, using words such as, for example, 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 unacceptable.
Letters of guarantee on behalf of a legal entity must always contain the necessary details and the signature of the manager.
Mandatory details for a legal entity:
- Name of the organization and its details
- Required contact details
- The essence of the appeal in the letter
- Signing date
- Seal of the organization, as well as the signature of the responsible person
Details for individuals:
- Passport details and residential address
- The essence of the appeal in the letter
- Signature
Document preparation
Since the law does not clearly provide for a form for writing a letter of guarantee for payment of debt, confirmation of the completion of services and work, about employment and other types of this letter, writing it is quite simple.
When writing a letter of guarantee, it is worth considering only that if the letter is drawn up on behalf of, it must be drawn up on the letterhead of a legal entity and contain the necessary details. From an individual, a letter of guarantee can be written in any written form.
Samples of writing guarantee documents
Letter of guarantee for payment of debt (the document must be drawn up on the organization’s letterhead, must be signed by the chief accountant, as well as the manager, and must be affixed with a company seal).
This will be of interest to those persons who are interested in receiving some kind of supporting document from the debtor. In it, the borrower undertakes to perform certain actions within the framework of the mutual relations of the parties. A letter of guarantee is used in various fields; we will talk about how to write a letter of guarantee below. A letter of guarantee is a business document drawn up by one of the parties (or an individual) during a transaction, which contains information confirming compliance with the agreed conditions, as well as the performance of any actions.
A letter of guarantee is some way of securing obligations. Not only legal entities are interested in how to write a letter of guarantee; sometimes individuals also need a document of this type.
The letter of guarantee is relevant in the following areas:
Labor law. In this case, when applying for a job, you must write a letter of guarantee. As a rule, it is required when submitting a package of documents to the FMS for migrant citizens.
Contract law. There are many nuances here that require writing such a letter. For example, a lease agreement, loan agreement, a guarantee document from the owner of the premises or payment of a debt, etc.
Letter of guarantee form- is arbitrary, so it is not at all difficult to compose, and the content is based on a specific situation.
There are several methods to send a letter of guarantee to a second party:
1. By registered mail.
2. In person. In this case, the party who received the letter must sign the second document.
3. Via email.
How to write a letter of guarantee
The law does not provide for rules for drawing up a letter of guarantee, however, when filling out the form, it is advisable to pay attention to the following points:It is mandatory to register the recipient of the document, namely his full name or legal name. person, phone number, address, and other information;
The body of the letter provides a complete inventory - for what reason the legal relationship between the parties arose, what exactly this letter provides, within what time frame the specific actions described in the letter of guarantee will take place, etc.;
You can attach additional documents to the drafted letter if you think that the recipient should be familiar with this information;
If the letter of guarantee is drawn up on several pages, then they must all be numbered and stitched, or you can put a signature on each page;
In most cases, a letter of guarantee is written in response to any claim, so this fact must be reflected in the text of the document;
A signature and date must be placed at the end of the document, and the signature is only affixed by an authorized person (an additional stamp is required from the legal entity).
Letter form
To correctly write a letter of guarantee, you need to familiarize yourself with its form. It is drawn up on behalf of the legal entity. person and must contain all the details (abbreviated or full name, OGRN, INN, telephone, address). If the document is written by physical face, then an arbitrary writing order is allowed.
How to write a letter of guarantee?
It is allowed to draw up a document in writing or on an officially approved legal form. faces, or on plain physical paper. face. The guaranteeing party must write certain terms depending on the specific situation. If necessary, you can describe the methods of implementation that the other party undertakes to implement.Of course, a letter of guarantee is not considered a mandatory document, since it does not have a normative nature. However, when writing it, both parties hope for honesty in the debtor's performance. In other words, such documentary relationships are entirely based on trust.
Example of a letter of guarantee:
To the Director of OJSC "Eurostroy"
Kislichenko Oleg Viktorovich
from Panov Sergei Petrovich
residing at:
Penza, st. Gorkogo, no. 2, apt. 8
Contact phone: +7 111 258 23 58
Letter of guarantee
I, Sergey Petrovich Panov, undertake to pay for the received building materials from Eurostroy OJSC, in accordance with the drawn up agreement for the provision of building materials dated April 17, 2015 No. 3 in the amount of 20,500 (twenty thousand, five hundred) rubles within the agreed period until July 20. 2015.
15.04.2015
Signature (decryption)
We tried to consider in as much detail as possible, how to write a letter of guarantee correctly We hope the material presented will help you in any life situation.
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A letter of guarantee is a document in which one party (legal entity, individual entrepreneur) guarantees the other to fulfill certain obligations within a specified time frame. In the article you will find the most commonly used samples of letters of guarantee, information about where they are used and instructions for writing such a letter yourself.
Download sample letters of guarantee:
Letter of guarantee for work completion
A letter of guarantee for the completion of work is a business correspondence document containing a promise by a legal entity or individual (group of persons) to complete certain work by a specific deadline (or deadlines, if the work is carried out and delivered in stages).
Letter of guarantee for debt repayment
A letter of guarantee for payment of debt is drawn up when the buyer does not have time to pay for the ordered or already received goods and, using a business correspondence document, officially promises the supplier to repay the debt within a certain period of time.
Letter of guarantee for employment
A letter of guarantee for employment is a business correspondence document that contains a promise from the employing organization to get a job.
Payment guarantee letter
A letter of guarantee for payment is a business correspondence document that contains a promise by one person (legal or individual) to pay for goods, services or work to another person (individual or legal).
Letter of guarantee for provision of a legal address
A letter of guarantee for the provision of a legal address is a business correspondence document containing the landlord’s consent to provide the tenant with the address of his premises as a legal address for the latter to register his organization with the Federal Tax Service.
Letter of guarantee for delivery of goods
A letter of guarantee for the supply of goods is a business correspondence document containing a request for the delivery, as agreed, of a certain product within a specific time frame.
Application
A letter of guarantee is part of business correspondence between enterprises and serves as an additional guarantee of cooperation and fulfillment of obligations.
Although this document does not have official legal status, its content and design, in the event of litigation, can affect the course of the case.
Try the program for Business.Ru stores, which will allow you to create templates for letters of guarantee. And also automate accounting and tax reporting, always be aware of all mutual settlements with employees, control cash flows in the company, and a personal calendar will promptly remind you of important events.
Most often, companies (or their managers) guarantee their partners, by contacting a legal entity or manager, payment for ordered work or services, delivered goods, repayment of debt, payment in case of deferred payment.
Often a letter of guarantee is drawn up in response to a claim. It is written in a purely business style, without complex speech structures and unnecessary reasoning.
Possible options for its purpose:
- the sender of the guarantee “On payment of debt” or “On confirmation of payment” confirms that the funds promised by him will be paid to him in full. The specific payment period is indicated in the same message.
Such a document is often used by those market participants who experience difficulties in fulfilling their obligations, for example, they cannot pay for delivered goods on time due to force majeure circumstances. A message of this type must contain the signatures of the head and chief accountant of the organization.
The photo shows an example of a document:
- The document “On the provision of a legal address” is drawn up, subject to an appropriate agreement, by a potential lessor, at the request of an interested party who does not have their own or already leased premises. A message of this type must contain information regarding the ownership rights and characteristics of the property subject to subsequent lease.
The letter is submitted to the tax office, since, according to the rules of state accounting, when registering an organization, it is required to indicate the data of its actual location (address), which will subsequently be its legal address.
The picture shows a sample document:
- A letter of guarantee to a bank is used as one of the ways to secure a loan agreement. The validity period of such an obligation should be increased by 15-20 days more from the final repayment date of the loan.
- The guarantee “On the performance of work” must contain: a description of the type of work, compliance of its results with certain standards (for example, GOST), a specific deadline for its completion, the address of the property and other data.
The picture shows an example of a document:
VA to a citizen of another country - to provide it to the Federal Migration Service, or - a student may need to provide it to an educational institution.
Below you can see an example of a completed document:
Meaning and composition
What does its composition give? Despite the fact that the letter of guarantee contains the seal of the organization and the signatures of the responsible persons - the manager, and in some cases the chief accountant, it, nevertheless, does not refer to documents of legal significance that can be used in court as evidence.
Such a report may be presented in court proceedings, but only in exceptional cases, which are not discussed here.
The preparation or drafting of such documents in an organization is carried out by a secretary or an experienced clerk. Qualification of a specialist implies knowledge of the necessary rules for preparing such papers.
The process of its creation includes the following steps:
- preparing a draft letter;
- its coordination with the responsible person;
- registration and sending to the addressee.
If there is a need to transmit information of a larger volume, then all pages related to the document must be bound and numbered.
Incoming warranty messages are registered and filed.
Individuals, or individual entrepreneurs, can easily write a guarantee in any form, using a regular paper sheet of A-4 format. Large organizations, as a rule, use standard, pre-made forms containing the company logo and details for this purpose. The most reputable companies tend to use printed forms.
Mandatory clauses of a legal document
Despite the fact that the legislation does not establish clear regulations for the execution of such papers, certain, well-established standards still exist.
The following elements of its structure will be mandatory for a letter of guarantee of any type:
- details of the sender, which should include the following data: address of the organization, telephone numbers (fax), email address, website address of the organization, TIN number, as well as OGRN (main state registration number).
This set of details is the minimum for a letter form and a field must be left to indicate the outgoing document number.
- The title should not be too long. The rules of business correspondence suggest using o (о) as the initial letter, but other options are also possible. You can write “Letter of Guarantee”, or you can simply indicate the subject of the message.
- The text of the letter, or its main content, should begin with an address, which is usually expressed in the form “Dear.” It is better to align text in the center.
- The signature is affixed by hand, located after the information printed on the official letterhead regarding the position of the responsible person.
If the signature is left by an authorized person, then an attachment to the letter must include a power of attorney confirming the authority to sign the document.
Then the seal of the organization must be affixed.
If there are attachments to the letter, then information about this is located in its lower left corner.
It should be noted that the rules for composing such a message do not allow in its text:
- abbreviations;
- emotionality;
- use of colloquialisms, jargon, vernacular or slang;
- presence of errors, as well as corrections or erasures.
Too long messages will be inappropriate. It is highly desirable that the text of the letter contains clear and concise wording, eliminating any ambiguity in their understanding. A presentation style in a calm, neutral tone will be the best option.
A letter of guarantee is part of business correspondence and is intended both to confirm the fulfillment of previously assumed obligations and to comply with any conditions. This official document usually does not have legal force to be presented in court as evidence. For such papers, there are certain, well-established rules regarding their structure and drafting.
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