Getting a bank guarantee - step by step instructions

In connection with the entry into force of the new law governing the contract system, many bidders face problems when contacting cans. Getting a bank guarantee at present, the procedure is very specific. Let us consider it in detail below.

Relevance of the issue

Until recently obtaining a bank guarantee in Sberbank or any other competent financial structure was not particularly difficult. Credit organizations willingly did business with bidders. Meanwhile, the quality of interaction and the decisions made caused a lot of doubts. In practice, there are a lot of examples where enterprises that successfully concluded a contract and provided a guarantee, at the request of the customer, had to re-issue it already in the course of fulfilling obligations.

First difficulties

The new law substantially narrowed the list of financial institutions authorized to work with the winners of tenders. At the same time, it turned out that some of the organizations that got into it were not going to issue guarantees at all, some agreed to interact only with trusted "their" customers. Structures that are ready to work with any winner impose stringent requirements, which not every company is able to fulfill.

Important point

According to experts providing assistance in obtaining a bank guaranteeIt is extremely unreasonable to wait until victory in the tender and only after that establish contact with a financial organization. With this approach, it is likely that the company simply does not have time to complete the clearance at the scheduled time. Obtaining a bank guarantee under 44-FZ - a process consisting of several stages. At the first stage, it is important for the bidder to carefully analyze his financial condition.

Requirements

There are certain conditions for obtaining a bank guarantee. Before applying, check:

1. Registration date. By the time of filing the application, the enterprise must work for at least 3 months.
2. Compliance of the requested warranty with the size of the revolutions. This paragraph is controversial in practice. However, we can say with confidence that financial institutions are unlikely to take risks if the firm's annual revenue is less than the amount of the requested guarantee.
3. Losses in financial statements. This indicator also cannot be described clearly. It is important to understand here that the financial structure may not attach importance to loss in one or even several periods if it is economically justified (for example, due to the seasonality of work).
4. Experience in participating in various tenders and contract execution. This requirement is not binding. However, of course, a financial company will be more willing to work with an enterprise with experience in successfully executing orders. If the company is just starting out, the bank may request additional information.

The choice of financial structure

As mentioned above, obtaining a bank guarantee possible only in the organization present in the approved list. Rather strict requirements are imposed on financial structures today. So, the amount of equity should be at least 1 billion p. In addition, a mandatory requirement is the absence of any requirements from the Central Bank. The list contains more than 300 banks. The list is updated monthly on the website of the Ministry of Finance. Looking at the list, the interested person is unlikely to be able to immediately understand which of the structures should be contacted. Experts providing assistance in obtaining a bank guaranteerecommend the following:

1. Contact the financial institution servicing the company. Of course, it should be on the list.
2. Get information from other companies involved in procurement.
3. Examine the register of issued warranties. It can be found on the procurement website.
4. Contact a broker.

When choosing a financial institution, special attention should be paid to the region of presence. Usually, obtaining a bank guarantee in a bank passes without difficulty for enterprises operating in the same entity as the credit structure. However, there are exceptions to this rule. So, companies operating in another region can send an application for obtaining a bank guarantee to some financial organizations. Such credit structures have well-developed electronic records management.

Classic version

Getting a bank guarantee in a particular financial structure has its own characteristics. Conventionally, procedures can be divided into three types:

1. Classical
2. Accelerated.
3. Electronic.

The first is used, as a rule, in cases, towhen receive a bank guarantee due to the large amount of the contract (from 20 million or more) or it is necessary to establish an upper limit for issuance. In the latter case, an assessment of the financial condition of the enterprise. At the same time, a certain amount is fixed, within which a guarantee will be issued. As a rule, the limit is set for a year. The standard procedure is applied by those financial organizations that do not have in their product line specially designed proposals for expedited consideration of the application.

Electronic version

Some financial institutions accept documents for obtaining a bank guaranteecertified by a digital signature. All interaction with the client occurs via the Internet. This option is considered today the most preferable, since it allows you to significantly save time, including the collection of paper media. As practice shows, term of receipt of a bank guarantee in electronic form is not more than 4 days. However, this option has several disadvantages. First of all, financial institutions are in no hurry to increase the maximum amount of the guarantee provided in electronic form. As a rule, an enterprise can count on 3-5 million rubles. on one application. The sum of the aggregate of guarantees does not usually exceed 10 million rubles. per customer.

Expedited procedure

Financial institutions interested in attracting companies that have become winners of tenders are developing special programs within the framework of which the application is approved quickly. They provide clear requirements, a simplified and fixed list of securities, an effective procedure for passing documentation and interaction within a banking organization. All this allows you to quickly consider the application and significantly reduce the processing time. As a result, the warranty can be obtained within 5 days. Amounts, as a rule, do not exceed 10-15 million rubles.

Deposits and deposits

Many financial institutions have additional requirements. Today, the issuance of guarantees, as a rule, dispenses with deposits and collateral. These tools are used only when the financial situation of the client is unsatisfactory, or the turnover of the company does not match the size of the application.

Account opening

In practice, it is quite difficult to group financial companies by the method of forming a payroll account. Each bank has its own rules. For some organizations, opening a r / s and conducting operations on it is a mandatory requirement, in others such a condition is not provided at all. We can say that issuing and maintaining an account is necessary in rare cases. As a rule, it is carried out as part of work with guarantees in the amount of up to 10-15 million rubles.

Guarantee

Its necessity depends on the policy of the banking organization and the conditions for issuing the guarantee. Experts, however, note that most financial institutions call a guarantee a prerequisite for work. It is worth recognizing that in the absence of deposits and collateral it is quite reasonable and should not cause any difficulties for the applicant.

Stages

As a rule, companies that provide assistance in obtaining guarantees build customer service as follows. Initial analysis is performed first. It usually takes no more than an hour. At the second stage, documents are prepared for obtaining a bank guarantee. The duration of the stage depends on the specific situation. If the accelerated option is used, then the application is reviewed and a response is received within 3-5 days. After the first stage, a general idea is formed about the possibility of issuing a guarantee. At this stage, the procedure option is selected, as well as the financial company to which the application will be sent. We should not forget about the amount of remuneration, which is due to the organization for providing a guarantee.

Preliminary analysis

At this stage, you must provide the following information and documents:

1. Brief description of the enterprise. You can provide the address of the site on which there is the necessary information.
2. Extract from the register. It should be received no earlier than a month before the application.
3. Accounting statements (f. 1 and 2) for the last reporting year (quarterly). If the company uses the simplified tax system, a declaration is provided.
4. Link to registry number or tender.

As you can see, the list is small. Providing this information is usually straightforward.

The main package of papers

Documents requested by the bank can be divided into several groups. The first includes legal papers. These include:

1. Certificate of state registration.
2. Charter (latest edition).
3. Passports of the head and owners of the enterprise.
4. The list of participants or an extract from the register of founders / shareholders of the organization.
5. Certificate of registration with the Federal Tax Service.
6. Certificates from the tax inspectorate about the absence of debts to the budget, extra-budgetary funds and open accounts.
7. Certificate of amendments to the Unified State Register of Legal Entities (to the latest version of the charter).
8. Papers confirming the powers of the general director.

Financial documentation:

1. Financial statements.
2. Organizations using OSNO provide balance on f. 1 and report on f. 2.
3. Individual entrepreneurs and enterprises applying the simplified tax system, present a tax return, extract from KUDR.
4. Entrepreneurs using OSNO provide a report on f. 3-personal income tax.

Documents under the contract are provided to the bank, to ensure which, in fact, a guarantee is requested. These may include protocols, a reference to a purchase, a draft contract, etc. In addition, the company must provide:

1. General information about yourself. They are issued in any form.
2. Information confirming the experience and execution of such orders.
3. Other data that may positively affect the bank's decision.

This list cannot be called exhaustive. It includes only the main documents that are requested in general cases. A financial institution may well require other papers or explanations. For example, balance sheet statements for accounting are often requested.

Additional nuances

In addition to the above list of securities, financial institutions often require you to fill out a questionnaire, which provides information about the applicant, his solvency. It is also necessary to apply. Stakeholders often have difficulty completing these documents. But you need to draw them up anyway. The sooner this is done, the better. It is worth saying that you need to fill out an application and a questionnaire only once. Subsequent appeals to the financial structure will no longer require this, which will significantly reduce the processing time.

Power of Attorney for a Bank Guarantee: sample

Quite often, a competent individual acts on behalf of the enterprise. This, in particular, is about the representative of the intermediary company. Power of Attorney for a Bank Guarantee must be framed on paper and certified by the seal of the enterprise. The requirements for it are standard. The paper should indicate:

1. Passport data of the representative. They are given in full, in accordance with an identity document.
2. Details of the company on behalf of which the citizen will act.
3. The functions and powers vested in the representative.
4. Validity of the paper.

It should be noted that the contract will be concluded in the name of the winner of the tender, not the representative.

Warranty Issue

If the first and second stage of the procedure were completed successfully, you need to wait for the decision of the financial organization. After receiving it, a fee is paid to the bank. In accordance with the current law, the financial company is obliged to post information about the decision during the day. Information is published in the register of issued guarantees. He began official work on March 31, 2014. Today the register can be found on the procurement website. The customer checks the details of the warranty provided. If the information is confirmed, he signs a contract.

Conclusion

In general, we can say that for enterprises with certain experience in the contract system, obtaining a guarantee is not accompanied by difficulties. Some problems may arise in new firms that have not previously participated in competitions. They will have to prove their reliability and financial stability. Meanwhile, according to analysts, with the adoption of the new law, the procedure for obtaining a guarantee has become more transparent. In addition, due to the development of information technology, the electronic form of interaction with customers is becoming increasingly popular. This option of cooperation saves time and effort on both sides. Of course, to get a guarantee you need to know a lot of subtleties. It is advisable for start-up enterprises to contact competent legal organizations with experience in working with financial institutions.