Unified register of bank guarantees 44 FZ. Bank guarantee check: rely on the broker, but do not make a mistake yourself! How the bank guarantee register appeared

Registry bank guarantees under 44-FZ- a special site that contains key data on guarantees provided by financial institutions. The purpose of this service is to secure obligations for the implementation of contracts at the municipal and federal levels. The unified register was formed by the government of the capital of the Russian Federation in 2013, and it is based on data from the UETP database.

General Provisions

Bank guarantee - effective method ensuring the fulfillment of contractual obligations by the parties to the transaction. Most often, this service is typical for government orders. The creation of a register of issued bank guarantees reduced the risks when concluding agreements and reduced to naught the danger of falsification of guarantees by participants who were not clean on hand.

On the present stage financial institutions enter data into the register of bank guarantees under 44-FZ on their own (without coercion of controlling structures). For more comfort a number of options are provided for users:

The ability to combine the registry with electronic system state order.
Ease of making a guarantee.
Convenience of online authentication.

Register of bank guarantees under 44-FZ: why is it necessary?

Against the background of more frequent cases of counterfeiting of bank guarantees, a number of measures were taken to exclude fraudulent transactions and reduce the risk of issuing forged documents. One of them is the creation of a register of bank guarantees.

Since the beginning of 2014, the law FZ-44 came into force, according to which the fixation of issued bank guarantees in the general register has become a mandatory requirement. This step made it possible to solve a number of problems.:

Reduce risks in public procurement.
Increase the likelihood of a successful transaction at any level.
Introduce a system for accounting for bank guarantees to the legal market.
Eliminate any risks of document falsification.

Initially, the unified register system was implemented and tested in a capital financial institution (Bank of Moscow). At the present stage, the register of bank guarantees is available to all institutions, suppliers and customers. At the request of FZ-44, all credit structures... At the same time, each person can check the legality of the service provided and receive the necessary information.

Which financial institutions issue bank guarantees?

According to the law, a bank guarantee cannot be entered in the register under Federal Law-44 if the credit institution is not on a special list (maintained by the Ministry of Finance).

To meet the existing requirements, banking institution must be:

Banking license issued by the Central Bank of the Russian Federation.
Capital of one billion rubles or more.
Absence of violations in the matter of compliance with instructions and norms within six months.
Lack of recommendations for the institution to improve the financial component.

Since 2018, the register of bank guarantees has been in the closed part of the EIS. It is seen only by organizations with the powers of "bank", "authorized organization" and "customer". We will tell you more about the register of bank guarantees in 2019 below.

Unified register of bank guarantees

All issued bank guarantees are contained in the register. Until 2018, the list was open and freely available. However, now only users with the powers "bank", "authorized organization" and "customer" can work with it in the EIS.

Following recent updates, the EIS has undergone changes regarding bank guarantees. In the register of organizations in the open part of the EIS, information appeared about the bank's belonging to the list of those who can issue guarantees. And in the closed part of the EIS, information about the exclusion of the bank from the lists in the register of bank guarantees began to be displayed.

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What information is entered into the unified register of bank guarantees:

name, address and TIN of the customer (beneficiary);
a copy of the document on amending the conditions of the bank guarantee;
data on the refusal of the customer to accept the bank guarantee.

Documents must be signed with an electronic signature.

How to find a closed register of bank guarantees in the EIS

V personal account go to the "Registers" section and select "Bank guarantee register" in the main menu.

Documents can be searched by status. It is also available to download information from the register of bank guarantees under 44-FZ in Excel.

How can the customer check the guarantee in the closed register of bank guarantees,

The bank guarantee card has the following sections:

general information about the warranty;
information about the refusal to accept;
data on the termination of obligations;
the documents;
the event log.

How can a supplier check a bank guarantee in the bank guarantee register

Until 2018, suppliers could go to the register and find the issued warranty by number. This relieved the participants of the risk that at the last moment the application would be rejected or the winner would be recognized as evading the contract. The participants are now somewhat ignorant. However, the law protected them and obliged banks to report to customers on entering data in the register of bank guarantees under 44-FZ.

A credit institution has 1 working day to enter information into the register and 1 working day after that to send an extract from the register of bank guarantees to the participant.

Administrative practice

As an example of administrative practice, let us consider the decision of the Office of the Federal Antimonopoly Service for the Kemerovo Region in case No. 42 / З-2019 of 02/07/2019. The winner of the procurement complained to the EIS that the customer unlawfully made a decision to refuse to conclude a contract with him.

The OFAS commission found out the following. As documents to ensure the execution of the contract, the winner attached a scanned copy of the bank guarantee "Joint Stock Company commercial Bank"Derzhava" also signed a contract on its part. It was 12/25/2018. According to the law, the bank is obliged to include information on the guarantee in the register within 1 business day or, at the same time, send information for inclusion in the closed register of bank guarantees. That is, the guarantee should have appeared in the register no later than 12/26/2018. However, on December 27, 2018, the customer did not find the document in the register and sent a request to the Joint-Stock Commercial Bank Derzhava about the validity and status of the bank guarantee. In its response, the bank indicated that a document with such a number was not issued.

As a result, the customer issued a protocol for refusing to accept a bank guarantee. He had the right to do this by law. Therefore, OFAS refused to satisfy the complaint.

There are two conclusions to be drawn from this example. Customers are encouraged to send inquiries to banks if the guarantee is not in the registry (although they are not required to do so). Since the reason for the absence of a document in the register may be a technical failure or a bank error. Participants, on the other hand, must understand that in such a situation they will not only lose a lucrative contract, but also fall into the register of unscrupulous suppliers. Therefore, it is not worth providing false information to the customer. And getting the guarantee itself is better not end-to-end, as in our case, but in advance, in order to exclude malfunctions.

Attached files

Request for an extract from the closed register of bank guarantees..docx
User's Guide for Maintaining a Register of Bank Guarantees.pdf

Register of bank guarantees - this is a list of guarantees issued by banks.

Under 44-FZ and 185-FZ, the bank that issued the guarantee is obliged to place information about it in the register of bank guarantees within 1 business day. It was created to make it easier and faster for customers to verify the legitimacy of guarantees. The register is posted on the official website of the unified information system.

Important: From July 1, 2018, information from the register is no longer published in the public domain. Now this information is hidden and available only to the customer and authorized representatives of the bank in the personal account on the EIS website.

The official website has now posted a message about the ability to view information only on guarantees issued before 06/30/2018:

How can the supplier check whether the bank has placed information about the issued guarantee in the register?

According to paragraph 8 of Art. 45 44-FZ, the bank within 1 business day, after the inclusion of information about the guarantee in the register, sends the principal an extract from the register of bank guarantees.

However, in practice, you will need to make a request to the bank to provide a statement.

An example of an extract from the register of bank guarantees:

Each extract from the register of bank guarantees contains the following information:

Date of generation of the statement
Name, location, TIN and KPP of the guarantor bank
Name, location, TIN and KPP of the supplier-principal
Name, location, TIN and KPP of the beneficiary customer
Type of security
Purchase release number
Guarantee issue date
Guarantee content (entry date, end date, amount)
Other documents established by the Government, in particular Government Decree No. 1005

Do I need to request a bank statement?

To sign a contract, you only need the bank guarantee document itself (in electronic or paper form). Therefore, the absence of an extract will not prevent you from concluding a contract.

However, if you issue a guarantee in a new bank for you and are not yet sure about it, it will not be superfluous to request a statement. Its presence confirms that the guarantee is placed in the register and the customer will see it.

You can also get an extract from the closed register of bank guarantees, we wrote about this in more detail in this article.

How to issue a guarantee in a bank that will accurately enter information into the register

Only banks included in lists of the Ministry of Finance:

After calculating the cost, you can choose a bank and apply for it

★ Online bank guarantee calculator

[bank guarantee calculator]

Register of bank guarantees under 223-FZ

For purchases under 223-FZ, there is no single register of bank guarantees and banks are not obliged to enter information about BG issued for such trading anywhere.

Therefore, to conclude a contract, it is enough to hand over the guarantee to the customer and, if necessary, he himself checks its legitimacy. To do this, he contacts the bank and receives confirmation from him.

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What is and where can I find a register of bank guarantees?

The register of bank guarantees was created so that the state customer could verify the authenticity of the collateral provided before the conclusion of the contract. Where exactly you can find the official list of guarantee banks and get information on the bank guarantees they provide - you can learn about this and much more from our article.

Unified register of issued bank guarantees under 44-FZ (official website)

Register of bank guarantees is an electronic resource containing a list of banks and a list of bank guarantees issued by them as security for the fulfillment of municipal and state contracts of bank guarantees (hereinafter referred to as BG) (clause 8 of article 45 of the Federal Law "On the contract system in the field of procurement ..." dated 05.04.2013 No. 44-FZ, hereinafter - Law No. 44-FZ).

Register of bank guarantees (44-FZ) is maintained in the Unified Information System in the field of procurement (hereinafter referred to as the EIS), but from 01.07.2018 it has not been published on the official website on the Internet (see clause 8.1 of Article 45 of Law No. 44-FZ).

The procedure for the functioning of this register is governed by the Rules for maintaining and placing in the EIS in the field of procurement bank guarantee register, approved Decree of the Government of the Russian Federation "On bank guarantees ..." dated 08.11.2013 No. 1005 (hereinafter referred to as the Rules).

The list of information and documentation that must be entered in the register of bank guarantees is established by clause 9 of Art. 45 of Law No. 44-FZ, as well as paragraph 4 of the Rules.

Ministry of Finance register: checking banks issuing bank guarantees

Requirements for banks that have the right to issue bank guarantees in the field of public procurement are approved by Decree of the Government of the Russian Federation of 12.04.2018 No. 440. The bank must have:

equity capital of at least 300 million rubles;
credit rating not lower than "BB- (RU)" of the Analytical Credit Rating Agency (JSC) and / or not lower than "ruВВ-" JSC " Rating agency"Expert RA" according to the rating scale for the Russian Federation.

Until 01/01/2020, less stringent rating requirements apply. It must be at least "B- (RU)" or "ruВ-", respectively.

An up-to-date list of banks can be found at the Russian Ministry of Finance. This list is updated on a regular basis. This list indicates the organizational and legal form of the bank, its name and registration number.

Who should check the warranty before posting on the official website

Before the provided BG is included in a single bank guarantee register, it must be checked by the Federal Treasury for:

availability of documents and information provided for in clause 4 of the Rules;
the presence of reinforced unqualified electronic signature an authorized person on the part of the guarantor in the submitted documentation;
compliance of the method of preparation of information and documentation with the regulations established by clause 18 of the Rules.

This check is carried out automatically within 3 hours from the moment the above documents and information are entered into the register of bank guarantees.

If the check results are positive, a corresponding entry in the registry is generated (updated). When errors are found registry entry cannot be formed, and the Federal Treasury notifies the relevant bank about the named result within 3 hours from the moment of the formation of the protocol.

How to check a bank guarantee for a customer

When checking BG, you must rely on the following rules:

the bank that sent BG must be entered in bank guarantee register conducted by the Ministry of Finance of the Russian Federation;
BG be irrevocable and reflect the information provided for in paragraphs 2 and 3 of Art. 45 of Law No. 44-FZ;
BG should not provide for a requirement for the customer to submit to the bank court acts confirming the failure to fulfill the obligations provided by the BG (clause 4 of the named article).

The customer can check the BG for compliance with the listed criteria within 3 working days from the moment of its submission. If BG does not meet at least one of the above requirements, then this circumstance is the reason for the customer's disagreement in accepting BG. Also, the customer does not accept BG if it does not meet the requirements of the procurement documentation (subparagraph 3, clause 6, article 45 of Law No. 44-FZ).

If the customer decides to reject BG, then he must notify the relevant guarantor within 3 working days in writing or in electronic form. In this case, the notification indicates the reason why the customer refused to accept BG.

Thus, bank guarantee register on the official website of the EIS in the field of procurement from 01.07.2018 is no longer published.

Though bank guarantee register is no longer in the public domain on the EIS website, you can check the bank for compliance with the requirements of the legislation for it as a guarantor on the official website of the Ministry of Finance.

A bank guarantee is one of two options by which government procurement suppliers can enforce a contract. The document guarantees that in the event of the contractor's evasion of obligations, the bank will reimburse the customer for related losses. In practice, it sometimes happens that the supplier enlists an inauthentic or low-quality bank guarantee. However, if you know all the criteria that a correct bank guarantee of contract performance must meet, this can be avoided.

Why exactly a guarantee

The bank guarantee is a very convenient tool, first of all, for the suppliers themselves participating in purchases under Law 44-FZ. After all, the alternative to it is only a direct transfer of money to the customer's current account. This means that funds are withdrawn from the organization's turnover for the entire duration of the contract, which inevitably entails lost profits. You will also have to pay for a bank guarantee, but this amount is not so great. Therefore, the majority of executors in the public procurement system prefer to ensure their obligations are not own funds, but a bank guarantee.

At its core, a bank guarantee under 44-FZ protects the interests of the customer. At the same time, it is a tool that protects the supplier as well. Moreover, from the customer himself, more precisely, from his desire to impose fines and penalties on the performer for minor violations. After all, getting money under a bank guarantee is much more difficult than withholding a fine from collateral made with "real" money.

Risks of poor quality warranty

You can get a guarantee directly at the bank or through intermediary brokers. And in fact, and in another case, there is a risk of getting a low-quality guarantee. For the supplier, this can mean more than wasted time and cash, but also a missed state contract, as well as the acquisition of the status of an unreliable counterparty.

The most obvious risk is getting a fake warranty, but that's not the only danger. Sometimes banks try to cheat and prescribe in the text favorable conditions for themselves, which are unacceptable within the framework of securing a government contract. An inexperienced supplier may not notice this, and then face the fact that the customer will not accept the guarantee.

Thus, both the customer and the supplier are interested in checking the bank guarantee. The first must make sure that the customer does not reject the guarantee, and the second is obliged to check it according to the law. How to do it? There are several ways, and they need to be used in a complex manner.

Correct bank

Rule # 1: Only a bank can issue a guarantee. No other organization, including microfinance, can do this. Rule No. 2: a guarantee of not any bank is accepted as security for a government contract, but only those indicated in a special list of the Ministry of Finance. Checking a bank guarantee even before receiving it is as follows. It is necessary on the ministry's website to find a list of banks that are allowed by the department to issue guarantees for government contracts, and make sure that the selected credit institution is included in it.

If the bank of interest is found in the approved list, this is a good sign, but not yet complete success. Now you need to turn to the United information system(EIS) on the public procurement website. Here it is worth checking how often the bank in question issued guarantees that were not accepted by customers. This can be done in the Unified Register, which reflects all guarantees issued by banks. We'll come back to it later when we talk about how to check a bank guarantee after issuance.

So, in the above-mentioned registry, you can use the filter "Refused to accept" and analyze the results for 2-3 months. It is hardly worth contacting a bank, whose guarantees are now and then rejected by customers.

Before signing a guarantee agreement with the bank, you should familiarize yourself with its content. Text in mandatory must include certain provisions, without which the customer cannot accept it. Complete list such conditions are contained in parts 2 and 3 of Law 44-FZ. Among them are: the amount and duration of the bank guarantee, the condition of its irrevocability, the obligation to pay a penalty for late payment, and others. The guarantee must be issued on the letterhead of the credit institution.

Special attention should be paid to the following points. The guarantee must indicate that the bank is obliged to compensate for losses in full, and not only in the part not covered by the forfeit. Losses shall be reimbursed for any default by the supplier of its contractual obligations. At the same time, the bank should not require the customer to provide court documents as evidence that the performer has neglected his obligations. This is important, because not every case of termination of a contract comes to court.

What else to pay attention to

As with any transaction, when concluding an agreement with a bank, you need to focus on the average market conditions... Therefore, you should first study the proposals of several credit organizations in order to understand how long a bank guarantee is usually issued, and how much it costs.

A bona fide guarantor will require the company to submit at least constituent documents, tax and accounting statements as well as purchasing information. The study of this data takes several days, so the warranty is usually issued within a week. If you are promised to issue it "today" and / or are asked for a minimum set of documents, then such an offer looks extremely suspicious. You should also be wary if you are asked to pay for the guarantee not to the bank, but according to the details of a third party.

Warranty issued: check the entry in the Register

If the preliminary work is carried out carefully, then this significantly reduces the chances of getting a "fake" or low-quality guarantee. However, it is too early to relax. After receiving the document, you need to check it in the Register of bank guarantees, which was mentioned above. This only applies to guarantees that are issued to ensure

The guarantee must appear in the register no later than the next business day after issue. The obligation of placement is imposed by law on the bank that issued the document. The check of the bank guarantee in the register is carried out by the name of the guarantor or supplier, the contract number or by the purchase code. As a result of the search, information about the guarantee should be displayed on the screen, and on the left side, where its amount is indicated, the status "Placed" should be displayed.

No warranty: what is the reason?

In rare cases, there are delays in the placement of the guarantee associated with a malfunction of the EIS website. But one way or another, if the next day there is no guarantee in the registry, it is very bad sign... Indeed, in this case, the customer will consider that the winner of the procurement has evaded the performance of his duties. The customer will not be able to sign a contract with such a supplier, otherwise he himself will break the law.

If the check of the bank guarantee on the public procurement website gave a negative result, first of all, you should contact the bank that issued it. Perhaps there was some kind of misunderstanding - in this case, it should be resolved as soon as possible. If it becomes clear that the guarantor is acting in bad faith, a complaint should be filed with the Central Bank.

Verification of a bank guarantee through the Central Bank of the Russian Federation

So, with guarantees under the state order, everything is quite simple, since there is a special register. But with corporate and commercial tenders, the situation is somewhat different. Banks are not obligated to publicly place such guarantees, so they will have to act independently.

You can pre-check the bank guarantee on the website The Central Bank... Thus, you can make sure that the bank issues guarantees in principle. To do this, select the section "Information on credit institutions»And find the guarantor bank in the directory.

Immediately after performing the search, the status of the banking license will be visible. By clicking on the name of the bank, you can see a list of its financial documents by year and month. Open the document "Data turnover sheet»As of the last available date. Further in the section “ Off-balance sheet accounts»Find account 91315 - it is on this account that banks reflect data on guarantees. The values in this line must be nonzero, and the turnover is comparable to the guarantee amount.

Of course, this is only a superficial analysis - you cannot get accurate information about the authenticity of your guarantee. To do this, you need to officially contact the bank that issued the guarantee with a request to confirm its authenticity. A similar request can be submitted to central bank RF.

So, it is not difficult to check a bank guarantee under 44-FZ, or rather, the very fact of its issuance. However, it is equally important that it is correctly drafted and includes all the necessary conditions... A poor quality warranty can backfire on a supplier. Moreover, applying to another bank for a new document is the least of them.

Therefore, experts strongly recommend that individuals who apply for bank guarantees to secure a government contract to familiarize themselves with the provisions of Article 45 of the aforementioned.It is not difficult to understand all the intricacies of this legal norm, but this will prevent the receipt of a document that is drawn up incorrectly.