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Khabarovsk business will get guarantees

Vladimir Selivanov

Managing VTB24 in the Khabarovsk Territory

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Vladimir Selivanov, Managing Director of VTB24 in the Khabarovsk Territory:

- At the recent round table “Bank guarantees in the sphere of public procurement”, my colleagues and I tried to understand the intricacies of securing government contracts using a bank guarantee.

Such product as bank guarantees will always be in demand on the market. The main purpose of the guarantee is to provide additional security for the interests of parties involved in commercial transactions. Even a very carefully developed contract, which defines in detail the obligations of the parties, the application of various sanctions for their non-fulfillment, is not a sufficient guarantee of fulfillment of obligations. With this in mind, many companies in the development of contracts seek to further ensure their interests, expressed in obtaining a bank guarantee. And of course, the popularity of this product in the banking market contributes to the state. The Tax Code of the Russian Federation (t.176.1), recently entered into force 44-FZ, the Customs Code provide for the provision of bank guarantees in various situations.

The participants of the roundtable themselves unanimously noted that a bank guarantee is a good working tool for business. When securing the fulfillment of the obligation with a bank guarantee, there is no need to freeze funds, but you only need to pay a bank commission, which ranges from 1 to 5% per annum.

For example, the amount of the contract is 1 000 000 rubles, the security of the contract (declared by the customer) 30% of the contract value, the contract term is six months. When the contract is secured by the contractor, the contractor freezes 300 thousand rubles (the money is simply at the customer, no interest is accrued, the yield is zero). When securing the contract with the guarantee of the bank, the maximum commission in VTB24 will be 5% per annum, that is, at a time 25 thousand rubles for the whole period. Remaining money at this time work (in turnover or on deposit).

It is interesting that during the discussion, the subject of which were initially bank guarantees, there was an acute question about government contracts in principle. The public ombudsman spoke about unfair competition, which results in lower contract costs, on the qualifications of the customer’s employees who cannot assess the compliance of the products with the ordered specification, as well as on the need for civilized public control.

A business representative noted that, despite the fact that his company often and successfully uses guarantees, there are many enterprises that take part in securing government orders for the first time. By law, you must provide a guarantee or a security under a state contract within 14 days from the date of confirmation of the purchase. A guarantee issued by banks, as a rule, a little longer. What should entrepreneurs do in this situation?

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There is an exit. It is only necessary to apply to the bank in advance with an application to establish a limit of bank guarantees. The procedure is similar to the question of considering a loan. The bank will assess the financial position of the enterprise (entrepreneur) and set a limit for the period from 6 to 12 months. If there is a need for a bank guarantee, the client applies to the bank with a request, provides documents on the basis of which a guarantee is necessary, and within the 5-7 working days receives the necessary guarantee.

A month ago, a promotional offer entitled “Guarantees of state contracts” was launched at VTB24. Bank customers can receive bank guarantees to enforce state (municipal) contracts on concessional terms. The guarantee can be obtained without security, registration of the pledge is not required. Pre-setting the limit provides an opportunity for customers to quickly receive bank guarantees in the future.

Anyone who does not want to go the simpler route of obtaining a supposedly bank guarantee through a broker sometimes gets into trouble. Therefore, one more topic that I managed to discuss with colleagues is the so-called "gray" schemes. The demand for such schemes gave rise to proposals. I have heard stories of entrepreneurs who, in pursuit of the speed and ease of obtaining a guarantee, only wasted time and money and, in the end, remained, as they say, "at the bottom of the trough." Without a legitimate bank guarantee, without funds spent on a "broker" and without an order (since time was already lost) ...

The authenticity of any guarantee can be easily verified by sending a written request to the bank. And only the beneficiary is to decide whether to accept a bank guarantee or not. The principal should also clearly understand that if he is offered to issue a guarantee for 2 hours and requires only the Charter and the passport of the director, then, obviously, this will be a "gray" guarantee. According to 44-FZ, banks are subject to accounting in a special register, respectively, the customer (beneficiary) has the opportunity to check whether the actual bank guarantee was issued. The database, which is publicly available on the Internet, containing information on issued bank guarantees, does not require special authorizations to access readings.

In general, the conversation turned out to be useful and interesting. In my opinion, in such matters dialogue is very important. As a bank, we were once again convinced of the demand for guarantees in the Khabarovsk Territory. And colleagues from business brought to the discussion a different vision of the issue, revealing the topic of securing government contracts for their part.