Letter of guarantee from the owner of the premises sample 2021

Official correspondence is replete with various types of documentation. Among certain 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 types of letters of guarantee are there?
How to correctly compose and execute a letter of guarantee?

Let's figure it out together.

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FILES Example of a letter of guarantee for the supply of goods .doc Example of a letter of guarantee for the completion of repair work .doc Example of a letter of guarantee for the provision of a legal address .doc Example of a letter of guarantee for employment .doc

Definition and legal rules

From the point of view of legislation, a letter of guarantee is an element of document flow, one of the types of business correspondence - as a rule, between legal entities. From the very name of the document it follows that a letter of guarantee is a written way of confirming obligations or fulfilling certain conditions within the required period and to the required extent. This additional confirmation is used when conventional agreements may not be sufficient.

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

Letters of guarantee are quite often used in business activities, however, no special rules regulating their execution and use are enshrined in Russian legislation. Therefore, you should be guided by standard business practices and strive to achieve the most clear and unambiguous formulations that accurately reflect the intentions and obligations of both parties.

Letter of guarantee instead of a 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 directed to one or more addressees to enter into a certain relationship, and clearly declares the intentions of the addressee. 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 provided;
an offer to perform work, make a delivery, or provide a service.

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

subject of the offer (products, services, types of work - specific transfer);
deadlines.

NOTE! The terms indicated in the letter of guarantee offer are of decisive importance: once sent to the addressee, it cannot be canceled by the sender within the specified periods for response actions, unless other conditions are specified in the text itself or does not follow from it.

The person who receives such a letter of guarantee, if the offer is accepted, can fulfill the conditions or simply express consent: this action is considered an appropriate response, that is, the fulfillment of the second part necessary for concluding the contract. Thus, as a result of the validity of the letter of guarantee and the addressee’s response, a legal action occurs between them that is 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 previously. For example, an organization received a commercial offer and made a decision based on an advertisement or information site of a partner. Then sending a letter of guarantee will actually be a response to the offer of a contractual relationship made, albeit in an implicit form.

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

FOR YOUR INFORMATION! If the sender decides to revoke his acceptance letter of guarantee, 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:

there is no need to draw up a document signed by both parties;
if the requirements for offer and acceptance are met, such legal relations are absolutely legal;
the court recognizes letters of guarantee on the same basis as a concluded contract.

Disadvantages of exchanging letters of guarantee:

scope limits detailed description of conditions;
it is impossible to determine all rights and obligations;
procedural issues are not specified;
The responsibilities of the parties are not always clearly defined.

Thus, contractual relations through letters of guarantee are legally valid, however, controversial issues that could lead to litigation cannot be 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.

Letter of guarantee confirming payment obligations . Funds recognized under a letter of guarantee may be intended as payment for goods, provision of services, performance of certain work, or to repay 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.
Letter of guarantee confirming obligations for work, goods or services . Such a document assures the recipient that the obligations indicated in it will actually be fulfilled by the specified date to a certain extent. It is possible to indicate several time intervals if we are talking about step-by-step 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 of the specification or other documents, or immediately before the conclusion of the relevant contract.
Letter of guarantee confirming the landlord's intentions . This refers to the guarantee of assignment of a legal address. Such a document will be required to be presented to the tax office if the organization does not own certain real estate for placement and indication in the constituent documents. A legal entity has the right to rent such premises, providing the tax authorities with a guarantee that the lessor really intends to provide such services to it.
Letter of guarantee confirming future employment. Such a letter may be needed in cases where hiring has important legal significance for the future employee. For example, such a letter of guarantee may ask for:
a foreign employee (he must take such a document to the migration service);
released prisoners embarking on a career path (they will have to report to administrative authorities).

Does the tax office check data?

The legislation does not stipulate that in order to justify the authenticity of the legal address, a letter of guarantee must be submitted. However, the tax office has the right to verify the authenticity of the information specified in the provided package of documents.

The registration authority asks to confirm the accuracy of the address in the following cases:

the application contains a non-existent address;
the building at the named location is destroyed or is an object of unfinished construction;
the government body is actually located at the address;
many other enterprises are registered in the named place, whose representatives do not contact;
the owner of the premises prohibited in writing the registration of companies at his address.

In all other situations, the Federal Tax Service does not have the right to require the applicant to confirm the accuracy of the address.

The registration authority checks the address for authenticity immediately after the applicant submits documents. A specialist can visit the site or view the existing database. Also, he has the right to contact the owner of the property and verify the information in the letter.

Features of compilation and design

As a rule, any letter of guarantee does not exceed a standard A4 sheet, is printed on a special letterhead of the sending legal entity, signed by the governing bodies (director, sometimes chief accountant), and sealed with the seal of 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 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 does not legally exist as a type of business correspondence);
main content (guarantees of obligations, their volume and terms);
sender details;
position, personal signature and transcript of the full name of the person who signed the document (director, chief accountant).

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

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

Now let’s look at specific examples of letters of guarantee.

Example of a letter of guarantee for the delivery of goods

FILES

General Director of Spetsinvest LLC P.I. Studentsov

LETTER OF GUARANTEE

About delivery of goods

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

We hereby ask you to supply a batch of products (personal protective equipment) according to application No. 46-18 dated 09/10/2016.

We guarantee that payment for the delivery will be made by October 10, 2016.

If payment is not made in full by the due date, for each day of delay we undertake to pay a penalty in the percentage of 1% of the amount of unfulfilled obligations.

Bank details:

OJSC "Beta-Bank", Ufa, settlement number xxxxxxxxxxx; c/s xxxxxxxxxxx; BIC xxxxxxxx; TIN xxxxxxxx; Checkpoint xxxxxxxxxx.

Domservis LLC (signature) N.P. Rabotnichenko

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

M.P.

We confirm payment guarantees

Such a document can be circulated not only between organizations, but also between individual entrepreneurs.

A letter acknowledging the debt and guaranteeing its repayment must have, in addition to the signature of the manager, the signature of the financially responsible person (finirector, chief accountant).

Subtleties of design:

the addressee is the organization or person who should receive the 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 terms must be specified;
details of the organization that incurred the debt (future payer);
any information regarding the situation that has arisen (for example, the reasons for the impossibility of paying on time).

An example of a letter of guarantee to confirm the completion of work

FILES

To the director of Tertsiya LLC Oliferenko M.V.

LETTER OF GUARANTEE

About completion of repair work

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

With this document we confirm that Masterovoy LLC, as the contractor for the work at the site, located at the address: Moscow, st. Bolshaya Dmitrovskaya, 28, apt. 115, in accordance with Contract Agreement No. 18 dated 04/17/2016, concluded with Tertsiya LLC, guarantees the completion of all repair work (according to the specifications of the above-mentioned Contract Agreement) by 06/16/2016 G.

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

General Director of Masterovoy LLC (signature) A.F. Zakrevsky

Chief accountant of Masterovoy LLC (signature) S.E. Frisky

M.P.

Confirm execution

By assuring that the services or work will definitely be completed by the specified date, the sender confirms the volume, timing and quality of the work.

Design specifics:

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

Example of a letter of guarantee for the provision of a legal address

FILES

INFS No. 2 for St. Petersburg

LETTER OF GUARANTEE

About providing a legal address

St. Petersburg 10/18/2016

Megapolis LLC, represented by General Director Samokhvalenko R.G., acting on the basis of the Charter, provides office space with a total area of 60 sq.m., located at the address: St. Petersburg, Magnitogorskaya St., 15 .. office No. 4 for 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 belong to Megapolis LLC on a lease basis (Lease Agreement No. 567/18 dated December 10, 2013) with the right to enter into sublease agreements.

Application:

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

CEO

Megapolis LLC (signature) R.G. Samokhvalenko

M.P.

We confirm the provision of a legal address

To issue a letter of guarantee confirming the landlord’s intention, you need to take into account the following nuances:

the addressee of the letter is the local branch of the INFS, intending to register a legal entity to which the premises are being leased;
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;
you should list all the main characteristics of the premises being rented (address, area, etc.);
a phrase is required that clearly declares the consent of the property owner to conclude a lease agreement with the new organization;
The letter of guarantee must have an attachment - a certificate of ownership or a real estate lease agreement, issued in the name of a potential lessor (a copy certified by a notary).

Where is it served?

A letter of guarantee, according to which the organization will be provided with a legal address, is transferred to a person who, according to the law, has the right to register a new legal entity, or re-register an existing one.

After this document has been received, the person, along with other documents required by the legislation on registration of legal entities, submits a letter to the tax office at the place of registration. In this case, a specific Federal Tax Service acts as a registration authority .

Example of a letter of guarantee for employment

FILES

Where required LETTER OF WARRANTY

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 an employment contract with Alenikova Polina Stanislavovna, hiring her as an English teacher from 09/01/2016.

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

General Director of Home Teacher LLC (signature) V.K. Litsezorov

Chief accountant of Home Teacher LLC (signature) Yu.L. Zarubinskaya

M.P.

Confirming employment

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

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

Submission methods to the Federal Tax Service

There are several options for submitting documentation to the tax authorities:

Personally by the applicant (this option is possible upon first filing for registration of the Company).
A representative of the applicant , acting on the basis of a notarized power of attorney (Clause 1, Article 9 in Federal Law No. 129-FZ of 08.08.2001 “On State Registration of Legal Entities and Individual Entrepreneurs” as amended on 30.10.2017).
By mail (sending by Russian Post by registered mail with declared value and a description of the contents).
Electronically (Documents are submitted to the Federal Tax Service in electronic form using the Internet service “Submission of electronic documents for state registration of legal entities and individual entrepreneurs”).

Important! A correctly and competently written letter will help to avoid refusal to register the Company. Do not forget that the Federal Tax Service has the right to check the presence of such a legal address indicated in the letter, therefore the indicated telephone numbers must be active and accessible for calling.

From a legal point of view, a letter of guarantee when registering an LLC is not required to be submitted. As practice shows, a letter of guarantee is submitted to the tax authorities along with all the documentation for registering a new company, in order not to be refused. There is no established form, there is only an established practice of its design.

For failure to submit or submission of false information to the register, punishment is provided (clause 7 of Article 14.25 of the Code of Administrative Offenses (Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on February 5, 2018)).