In the contract system, fake bank guarantees began to appear more often, for example, issued on behalf of a bank that did not do so. There are also genuine documents that do not comply with legal requirements. Therefore, it is important to know how a bank guarantee is verified under 44-FZ.

How to check the authenticity of a bank guarantee

In Article 368 of the Civil Code Russian Federation requirements have been established for the preparation of independent (bank) security for obligations. The document must be on the official letterhead of the guarantor; the date and place of issue, information about the parties (principal, beneficiary, guarantor), as well as the circumstances under which the guarantee amount must be paid must be indicated.

A bank guarantee is verified through the Central Bank using the account number if it is not issued in connection with government procurement. For this:

• go to the official website of the Bank of Russia and select the section "Information on credit institutions";
• go to the section “Directory of credit institutions”;
• enter the name of the guarantor bank offered to you in Quick Search and follow the link to its page;
• find the block Account turnover sheet data accounting(Form 101);
• select the last reporting date in it, and then select the substring Issued guarantees and warranties (account number 91315).

In this case, the amount should not be lower than that specified in the guarantee. Otherwise, there is reason to believe that the document is fake and the bank did not issue it.

How to check online

The open register allows you to check a bank guarantee online, as well as obtain information about banks whose guarantees were rejected by customers. Last fact indicates the “depravity” of their content, which entails the risk of non-payment for them.

To check:

• go to the official website of United information system in the field of procurement;
• enter the name of the bank;
• In the status, leave only the item Refused acceptance.

The information on the page is updated automatically.

How to find out if you have credit organization authority to issue such documents, read the article on bank verification.

How to evaluate the content of a document

It must be irrevocable and its content must comply with the requirements of Article 45 of the Contract System Law. Please note that partial commitments are not permitted!

You will find detailed information on this topic in the article with requirements for a bank guarantee.

How is a refusal to accept security formalized?

The customer may refuse to enter into a contract if the security does not comply with the requirements of 44 Federal Laws. In this situation, the customer informs the procurement participant within a period not exceeding three working days from the date of receipt of the security. At the same time, in accordance with Part 7 of Article 45 of the Law on the Contract System, the customer draws up a document in written or electronic form, in which it informs the participant about the refusal to conclude a contract and justifies the decision made.

By virtue of paragraph 3 of paragraph 2 of Procedure No. 126n, information about the refusal is included in the open register of the Unified Information System. In particular, the customer is obliged to indicate the reason for the refusal, the number and date of the refusal document. To do this, he is given three working days from the date of receipt of the security (the norm is established by paragraph 12 of Rules No. 1005).

After verification, the customer can preliminarily agree on the security or indicate the need to make changes to the text of the document. At the same time, if the supplier has sent security for the execution of the contract, then the customer additionally checks the availability of information in the Register of Bank Guarantees. Read more about this in the article of the same name.

Thus, the customer is in a more advantageous position. He may not agree on security or refuse to enter into a contract if it does not comply with legal requirements. In this case, the commitment transaction simply will not take place.

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

The register of bank guarantees was created so that the government customer could verify the authenticity of the security provided before concluding a contract. Where exactly can you find the official list of guarantor 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- This electronic resource, containing a list of banks and a list of bank guarantees issued by them to secure obligations to fulfill municipal and state contracts (hereinafter referred to as BG) (clause 8 of Article 45 of the Federal Law “On the contract system in the field of procurement...” dated 04/05/2013 No. 44-FZ , hereinafter referred to as 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 UIS), but since 07/01/2018 it has not been published on the official website on the Internet (see clause 8.1 of Article 45 of Law No. 44-FZ).

Operating procedure of this register regulated by the Rules for maintaining and placing in the Unified Information System in the field of procurement register of bank guarantees, approved Decree of the Government of the Russian Federation “On bank guarantees...” dated November 8, 2013 No. 1005 (hereinafter referred to as the Rules).

The list of information and documentation that is subject to entry into the register of bank guarantees is established by clause 9 of Art. 45 of Law No. 44-FZ, as well as clause 4 of the Rules.

Register of the Ministry of Finance: verification of 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 dated April 12, 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 “ruB-”, respectively.

The current list of banks can be found at the Russian Ministry of Finance. This list is updated on a regular basis. This list indicates the 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 register of bank guarantees, it must be checked by the Federal Treasury for:

• availability of documents and information provided for in clause 4 of the Rules;
• presence of reinforced unskilled electronic signature an authorized person on the part of the guarantor in the documentation provided;
• compliance of the method of preparing 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 results of the check are positive, a corresponding entry in the registry is created (updated). If errors are detected, the register entry cannot be generated, and the Federal Treasury notifies the corresponding bank of the said result within 3 hours from the moment the protocol is generated.

How to check a bank guarantee for a customer

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

• The bank that sent the BG must be included in register of bank guarantees, which is led 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;
• the BG should not provide for requirements for the customer to present to the bank court acts confirming the failure to fulfill obligations secured by the BG (clause 4 of the said article).

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

If the customer decides to reject the BG, he must notify the relevant guarantor within 3 working days in writing or electronically. At the same time, the notification indicates the reason why the customer refused to accept the BG.

Thus, register of bank guarantees on the official website of the EIS in the field of procurement from 07/01/2018 is no longer published.

Although register of bank guarantees is no longer publicly available on the EIS website, you can check the bank for compliance with the legal requirements for it as a guarantor on the official website of the Ministry of Finance.

The company issued a guarantee from the bank to secure the government contract. The bank enters information about this into the register of bank guarantees. How to obtain information from the registry.

Procurement organizers check bank guarantees in a special register

The company that participates in procurement must confirm its readiness to fulfill its obligations. To secure the company's obligation, you need to contact the bank and issue a guarantee. This is done as part of general preparation for the tender, before submitting an application to participate in the tender. When the bank issues a document, it is obliged to enter information about this into the UIS. There is a special section in the system for such information - the register of bank guarantees. The register is formed in accordance with the rules “On the contract system...” (Law No. 44-FZ).

The register contains information about all bank guarantees that a particular credit institution issued to procurement participants. Information about this document is verified by customers. This is the responsibility of the procurement organizer. The customer has the right to accept applications only from companies that have a bank guarantee from the list of the Ministry of Finance of the Russian Federation. The guarantee must comply with the requirements of the Tax Code of the Russian Federation (Part 1, Article 45 of Law No. 44-FZ). If the information is unreliable or there is no data on the bank guarantee in the register, according to the rules of Law No. 44-FZ, purchases from such a supplier cannot be carried out.

When the bank issues a guarantee and enters data, it transmits an extract from the register to the supplier company. An extract on the issuance of a guarantee is handed over to the procurement participant within 24 hours (Part 8, Article 45 of Law No. 44-FZ). But the bank should not send such a statement to the customer. The procurement organizer himself checks the information in the UIS.

Access to information about the bank guarantee is obtained in the UIS

By general rules on the availability of information for preparation for trading, the register is an open resource. Information from there can be obtained by a wide range of people. However, there are exceptions. If the government contract contains data that relates to state secrets, the bank sends information about the guarantee to a closed register. This register cannot be viewed in the Unified Information System (Part 8.1, Article 45 of Law No. 44-FZ).

Some customers do not accept applications from procurement participants, although the UIS contains registry data about the document and the bank guarantee meets the requirements. In this case, the procurement participant has the right to appeal the customer’s actions to the FAS or court.

To find information about a bank guarantee in the register, use the search service

The register is information base, information from which can be obtained on a special EIS page. When a credit institution issues a guarantee, the document receives its own number in the register. The register number is one of the bank guarantee details used to search for information in the system. This number is enough to find the data. There is also an advanced search form. The resource user is asked to fill out several fields. In some you can choose from a list. List of fields:

1. Warranty status. Here they choose whether the guarantee was accepted, refused, etc.
2. Type of security. It is necessary to note the purpose of obtaining a guarantee: securing an application, contract, etc.
3. The guarantee number assigned by the credit institution.
4. Date of placement of the document in the EIS.
5. Document update date.
6. Validity period of the document.
7. Date of issue of the guarantee to the supplier.
8. Amount of guarantee.
9. Provider. Here the name of the company that received the guarantee or its TIN is noted.
10. Bank-guarantor. Enter the name or TIN of the bank.
11. Beneficiary customer. Indicate which organization was the customer under this contract.
12. Registration number of the contract for which the guarantee was issued.
13. Number of the notice of purchase.
14. Purchase identification code.

Completing these search fields will provide more accurate data.

Since 2018, the register of bank guarantees has been in the closed part of the UIS. It is visible only to organizations with the powers “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 authority “bank”, “authorized organization” and “customer” can work with it in the UIS.

After recent updates to the UIS, there have been changes regarding bank guarantees. In the register of organizations in the open part of the UIS, information has appeared about the bank’s membership in the list of those who can issue guarantees. And in the closed part of the UIS, information about the exclusion of a bank from the lists in the register of bank guarantees began to be displayed.

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What information is included in single register bank guarantees:

• name, address and TIN of the customer (beneficiary);
• a copy of the document on amendments to the terms of the bank guarantee;
• information about the customer’s refusal to accept the bank guarantee.

Documents must be signed electronically.

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

IN personal account go to the “Registers” section and select “Register of Bank Guarantees” in the main menu.

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

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

The bank guarantee card has the following sections:

• general warranty information;
• information about refusal of acceptance;
• data on termination of obligations;
• documentation;
• the event log.

How can a supplier check a bank guarantee in the register of bank guarantees?

Before 2018, suppliers could go to the registry and look up the issued warranty by number. This freed participants from the risk that at the last moment the application would be rejected or the winner would be recognized as having evaded concluding the contract. Now the participants are somewhat in the dark. However, the law protected them and obliged banks to report to clients about entering data into the register of bank guarantees under 44-FZ.

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

Administrative practice

As an example of administrative practice, consider the decision of the Office of the Federal Antimonopoly Service for the Kemerovo Region in case No. 42/З-2019 dated 02/07/2019. The winner of the purchase complained to the Unified Information System that the customer unlawfully decided to refuse to conclude a contract with him.

The FAS commission found out the following. As documents to ensure the execution of the contract, the winner attached a scanned copy of the bank guarantee from the Joint Stock Commercial Bank Derzhava and signed the contract on his part. It was December 25, 2018. By law, the bank is obliged to include information about the guarantee in the register within 1 business day or, within the same period, to send information for inclusion in the closed register of bank guarantees. That is, the guarantee should have appeared in the register no later than December 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 this number was not issued.

As a result, the customer issued a protocol of refusal to accept the bank guarantee. He had the right to do this by law. Therefore, the Federal Antimonopoly Service refused to satisfy the complaint.

Two conclusions can be drawn from this example. Customers are advised to submit inquiries to banks if the guarantee is not on the register (although they are not obliged 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 must understand that in such a situation they will not only lose a lucrative contract, but will also be included in the register of unscrupulous suppliers. Therefore, you should not provide false information to the customer. And it’s better to receive the guarantee itself not back to back, as in our case, but in advance to avoid failures.

Attached files

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

This article is for customers and suppliers - the bank guarantee must be checked by both. Expert Dmitry Chernov comments on how to calculate a fake BG, at what point to “ring the alarm” and how to protect yourself from ugly gray brokers.

Checking a bank guarantee

Four mandatory conditions for compliance with a bank guarantee:

1. The bank that issued the bank guarantee is included in the list of banks approved by the Russian Ministry of Finance (check on the Ministry of Finance website).
2. Information about the bank guarantee is contained in the register of bank guarantees, which is posted on www.zakupki.gov.ru. Dmitry Chernov comments, CEO Financial Services Center "Fintorg" LLC, presenter of the webinar about bank guarantees:
   “Within one working day after issuing a bank guarantee, the bank is obliged to post it on the website www.zakupki.gov.ru. This is stated in paragraph 11 of Article 45 of Law 44-FZ. If the bank has not done this, there is reason to think very hard and sound the alarm bell - whether you were provided with a good quality bank guarantee. All the bank’s excuses are a reason to start getting nervous. True, there are exceptions and force majeure, for example, when the procurement site crashes large quantity appeals to him."
3. The provided guarantee does not contain a condition that the customer must provide the bank with copies of judicial acts confirming the failure to fulfill the obligations that are secured by the guarantee.
4. The bank guarantee contains a condition of irrevocability, information about the amount of the guarantee, as well as other prerequisites and information provided for in Parts 2, 3 of Art. 45 No. 44-FZ.

Not all requirements have been met? - the customer must reject the guarantee and inform the participant about this within three working days.

Question: Is the customer obliged to check the bank guarantee provided by the winner of the open tender with whom the contract is concluded to see if it is in the register of bank guarantees?

Answer: Law No. 44-FZ does not require the customer to check the availability of a bank guarantee in the relevant register. But the customer must review the supplier’s bank guarantee and accept or refuse to accept the bank guarantee on the grounds specified in Law No. 44 Federal Law. Consequently, the customer is obliged to check the bank guarantee provided by the winner of the open tender with whom the contract is concluded for its presence in the register of bank guarantees.

Requirements for a guarantor bank

To be included in the list, a bank must meet the following requirements (clause 3 of Article 74.1 of the Tax Code of the Russian Federation):

• the bank has a license to carry out banking operations issued by the Bank of Russia, and for the implementation banking for at least five years. At the same time, revocation of the license of the bank that issued the guarantee does not mean its automatic cancellation. However, after the bank’s license is revoked, the guarantee previously issued by it becomes a useless tool for the organization, which it is unlikely to be able to use;
• the bank has own funds(capital) in the amount of at least 1 billion rubles;
• mandatory standards stipulated by Federal Law No. 86-FZ dated July 10, 2002 were observed for all reporting dates over the last six months;
• There are no requirements from the Bank of Russia to implement measures for the financial rehabilitation of the bank.

A way to identify banks that issue low-quality bank guarantees:

1. We go to the bank guarantee register on the website www.zakupki.gov.ru.
2. On the left side of the search, click “bank guarantee refused”.
3. We set a period of one and a half to two months and get the number of bank guarantees that were rejected during this period.
4. We look and highlight 1st, 2nd, 3rd place in terms of the number of rejected bank guarantees. If the 1st, 2nd, 3rd place is occupied by the bank where you are ready to take a bank guarantee, then this is a reason to think about it and especially carefully check the text of this bank guarantee.

How to recover from a bank under a gray bank guarantee? As a rule, no way. Complain to the Central Bank.

What liability is provided for a “false” bank guarantee for the supplier?

Depends on the customer:

1. Replacement of bank guarantee within 10 days.
2. Refusal to conclude a contract with inclusion in the register of unscrupulous suppliers (RNP).
3. Unilateral termination of the contract with inclusion in the register of unscrupulous suppliers (RNP).
4. Termination of the contract by agreement of the parties and conclusion of the contract with the auction participant whose proposal for the contract price is second after the winner.
5. Initiation of a case under Art. 159 of the Criminal Code of the Russian Federation “Fraud”.

The customer requires the supplier to be placed in the RNP. Can this be avoided?

Yes, you can try. Firstly, it is good to prepare for the FAS meeting, at which the issue of placing a supplier in the RNP will be considered. Secondly, take part in the meeting and provide an explanation with as many documents as possible about why such a disaster occurred. If you received a low-quality bank guarantee due to the fault of the broker, then provide a piece of paper that you have already contacted the police on this issue.

The bank guarantee is not in the register. What to do?

Let's say the winner electronic auction as security for the execution of the contract, provided a bank guarantee that was not included in the register of bank guarantees. In this situation, the participant is considered to have evaded concluding the contract.

Customer actions:

• inform the procurement participant about the refusal to accept the bank guarantee by sending a notification;
• draw up a protocol on the evasion of the winner of the electronic auction from concluding a contract;
• draw up a protocol on refusal to conclude a contract;
• place the protocol in the EIS;
• send protocols to the auction winner who evaded concluding a contract.

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