Treaties are of an ancient nature. From time immemorial, the procedure and amount of payments were essential conditions, without which the contract was not considered concluded. Yes, and making a profit, in fact, is the main goal of a business contract. The reputation of a dishonest payer could pursue the debtor from year to year and repel potential customers and partners from it.
What guarantees the letter?
In the modern world, a good reputation is as valuable to a business executive as in the ancient era. However, defaulters are different: malicious and forced. The former are gradually becoming a byword in business circles and informed businessmen are fencing themselves off from them. The second - hostages of some unforeseen circumstances, when there is no way to repay the obligation on time. Probably, it is for the second category that the letter of guarantee to the creditor can be a worthy way out of this situation.
The sample letter of guarantee for payment is primarily a business document of a non-commercial sense. It cannot be presented for payment, with its help it is impossible to write off funds. The letter only emphasizes the goodwill of the debtor and his willingness to fulfill the agreement as soon as possible.
The letter guarantees that the counterparty is friendly, aware of its delay, but cannot fulfill the agreement on time for reasons beyond its control, and often due to force majeure.
When a letter of guarantee is needed
The legislation does not establish when it is necessary to draw up such a document, because a letter of guarantee does not have the force of a transaction. A transaction always generates or terminates obligations or rights, and a letter of guarantee is only for information and diplomatic purposes.
When it is necessary and when it is not necessary to draw up a letter of guarantee, the parties decide by agreement between themselves. It is probably worth writing a commitment when your partner insists on it. Also, the debtor may try to persuade the counterparty to postpone the trial, guaranteeing him payment of the debt with the application of the installment schedule.
The lender should clearly understand several points:
- Having received the debtor’s letter of guarantee in your hands, you do not at all provide for debt collection in the future, because the submitted document has no legal force and can be considered in court only as one of the indirect evidence of debt;
- no bank will accept a guarantee letter for payment - this is not the owner’s request to write off the funds, but only a promise to pay them in the future.
It is also advisable for the debtor to consider the following:
- Receipt of a letter of guarantee by your addressee and even a favorable response to it do not deprive the lender of the opportunity to go to court. So do not be surprised if you receive a meeting agenda.
- Even if you find yourself in a difficult financial situation, try to fulfill your warranty promises on time - take care of your reputation. It is unlikely that you will be believed again.
How to write a letter of guarantee
A sample letter of guarantee for payment can be found in business documentation directories and business communication manuals. It’s possible to execute such a document not only for a legally savvy professional, but also for a talented entrepreneur or manager who wants to maintain relations with a business partner and resolve the issue without bringing the case to court.
The form of the guarantee letter of payment is free, filled out depending on the specific needs of the sender. As in any business document, there are inalienable details and turnovers.
Sample letter of guarantee for payment of services
Next, let's talk specifically about the document itself. A letter of guarantee for the payment of arrears, a sample of which will be considered below, is one example of such a document. It is quite suitable for the development of letters of guarantee in other areas.
To the chairman of the board
JSC "Whirlwind"
A. Vetrov
st. Skobar, 61,
Tmutarakansk city.
Dear Alexander Alexandrovich!
An agreement on consulting services was concluded between our companies on October 31, 2011, which was annually prolonged and timely executed by our parties.
However, due to circumstances beyond our control, we cannot make payments for services provided by your party in March and April 2015 in a timely manner. In confirmation of this, we are sending you copies of court decisions and orders of the bailiff to recover damages in favor of a third party.
We guarantee repayment of debts up to 06/01/15, about which we will immediately inform you.
We hope for your understanding and further fruitful cooperation.
Appendix: copy of court decision on debt collection;
copy of the bailiff's order to seize the bank account.
Respectfully,
Director of Private Enterprise Firm "Chukh"
Laptev V.V.
Is a letter of guarantee part of the contract?
As already mentioned, a letter of guarantee is not a transaction, but rather, a unilateral confirmation of intent to pay arrears in the future. A sample guarantee letter of payment gave us a fairly clear idea of the sound and direction of this document.
The special clause in the letter of guarantee will also not turn it into a part of the contract, binding on both parties, because the contract is always a multilateral transaction, agreed upon, signed and sealed by all. A letter of guarantee is an act of goodwill: the counterparty can accept it, or it can ignore it.
Mandatory details
The letter of guarantee is drawn up according to the template of business documents and must be solid, thoughtful and justified. A sample guarantee letter of payment is drawn up on a company letterhead and contains the following sections:
- "cap" indicating the position, surname and initials of the head of the addressee company;
- location of the company to which the letter is addressed;
- then comes the date and outgoing registration number of the letter of guarantee - the number will add solidity and reliability;
- the following is a statement of the situation with reference to the contract by which the debt was formed, indicating the reasons for the delay and determining clear terms for repayment of the debt;
- if there are documents confirming the above, you can attach certified copies to the letter;
- if there are applications, they are indicated by a list before signature;
- after drawing up the letter, it is signed by the first person of the company or his authorized deputy. At the same time, "with respect" is prescribed by hand;
- preferably after the signature of the head indicate the name and phone number of the contractor, with whom, if necessary, you can contact and clarify disputed issues.
That's all, the guarantee letter is ready!
