Public procurement related to the development of the budget.In order for this process was effective in Russia was legislatively introduced the institution of bank guarantees.One of the tools of their provision was a special state register.
What is it
Register of bank guarantees has been created thanks to the idea of the Federal Antimonopoly Service of Russia.Employees of this department decided that at the legislative level is necessary to adopt a mechanism that would allow to organize an additional level of protection from the actions of government customers unreliable suppliers.According to some experts, it might help to spend budget funds more efficiently.
This mechanism called "register of bank guarantees."This - information base (technically - an online resource), which publishes information on financial institutions and guarantees that they give out to ensure their commitments to the state or municipal contracts.
legal framework
Public procurement - a phenomenon in which the cash flows coming from the budget.It is particularly important to prevent them from uncontrolled "development" to suppliers (performers) in paid work and provide services in full.And if they can not do, someone to indemnify the government customer.In April 2014 came into force a new version of the Federal Law number 44, according to which compensation for losses shall ensure a bank with which provider the type of contract signed.
What bank guarantees
Russian laws require that firms applying for the role of the artist, or the provider of services within public procurement, have bank guarantees - the obligation of financial institutions to pay off customers, if for any reason the contractual obligations withthe Contractor will not be met.Sometimes, bank guarantees are used in non-state sectors of business, but 80% of the turnover of this segment, according to estimates of some analysts, refers specifically to public procurement.
If such a guarantee from the supplier, no, he can not participate in a tender or auction.Financial institution, in turn, receives from the latter - in the framework of the contract - a fee (a percentage or fixed amount).An important factor that will determine whether the bank guarantee, - the register of banks committed to cooperate to suppliers within the procurement.About it later.
guarantees within the registry
Once guarantees fall into the registry, they acquire the status of mandatory.They can not withdraw.That is, as soon as the guarantee falls into the registry, it can be considered a genuine and non-cancellable or adjustment.Customers can confidently enter into contracts with suppliers.
bank guarantees Registry includes data on market participants procurement.The following information.
Firstly, this data bank (name, address, VAT number).
Secondly, it is the value of the amount that the guarantor bank will pay to the customer if the supplier fails to fulfill its obligations under the state or municipal contract.
Thirdly, this data (address, name, TIN) of the supplier or performer.
Fourth, this list of commitments artist, who provided most of the bank guarantee.
The register contains a number of additional information.For example, the conditions under which the guarantor will meet its obligations (to transfer funds to the customer), the period during which a bank guarantee is valid.
How to obtain a guarantee from the bank?
Not everyone supplier can reliably obtain a bank guarantee.There are certain requirements.Among those - the admission of any of the relevant works, licenses, permits, and so on.. Some experts say the revitalization of the companies involved in assistance in obtaining these documents, as well as those that provide consulting services to obtain bank guarantees.Among other important documents of the credit organization - those that support the financial viability of the artist (for example, extracts from current accounts).
supplier provides to the financial institution all the necessary documents, after which there is a decision - whether or not to issue a bank guarantee.But not immediately: the law requires the procedure to verify the information of the supplier (mainly relation to information about ownership and accounting).This, according to some lawyers, due to the need to identify the nominees.
issue guarantees can only be the bank that is registered in a special list, as already mentioned above (also sometimes called "registry Ministry of Finance" - the bank guarantees as an institution financial policy is largely governed by that Office).If the financial institution decided to issue a guarantee, together with the documents the bank also provides an extract from the state register.This completely eliminates the issue of forged documents.
That was before the registry
To meet the requirements of the law on public procurement, many organizations claiming to contracting, buying fake state guarantees.This was done in many different ways - from calls to brokers ads on the Internet and ending the use of personal relationships with bankers.
Suppliers, of course, won in the price - the cost of processing is very similar to the real thing, but still false financial documents had been several times lower than on the legal conditions of banks.If a situation arises where the supplier could not reasonably (or intentionally stopped) to fulfill its obligations under the contract with the state client, to compensate the losses of the budget was nobody.Banks did not recognize the obligation for payment, as the documents were not genuine, or designed, from a legal point of view, it is incorrect, and therefore did not have the strength.
Misconduct bank guarantees commit a variety of subjects - brokers, bankers themselves.They forged documents issued by a supplier on behalf of the financial institution, which itself was not aware of this, and the fact that there is no fixed guarantees in their registries.Some organizations have practiced the issuance of so-called "gray" varieties of fake guarantees - when the management of the financial institution was aware of such transactions, however, are not pledged on the balance of funds in the event of breach of obligations.
market reaction
Some analysts believe that the registry of bank guarantees is useful in that it allows without any fear of dealing with suppliers.Financial institutions themselves have also expressed enthusiasm.When the control register of bank guarantees 44 of the Federal Law came into effect, the relevant databases have registered hundreds of banks to be able to participate in public procurement legally.
Analysts believe that more confidence could feel the whole sector of the economy, invested by the state, particularly the construction industry.There were frequent instances where contractors received budgetary investments were not able to fully fulfill its obligations under the contracts.Now this probability, experts say, is minimized.
effective safeguards within the registry
Unified Register of bank guarantees appeared in Russia in April 2014.By that time, as recognized by many market participants procurement, the incidence of false assurances, as we have told above, I roll over.But since the introduction of the registry, many banks have stopped dealing with this phenomenon at all, while others have stated that the number of fake liabilities decreased significantly.Experts point out that a large number of players look forward to the adoption of appropriate amendments to the existing Federal Law "On public procurement contract system."
In the area of public procurement is very popular financial instrument such as a bank guarantee.When signing the contract for the supply of goods, services, works, this document serves as collateral for the fact that the contractor (supplier) faithfully and on time taken to fulfill their obligations.At the same time the guarantor is a bank issuing the document at the request of the Executive and provides its government customers.
According to the observation of a number of analysts, the increased demand for legal paper from banks, market participants took a bang registry of bank guarantees.Where can I see the data on a given bank or provider?This can be done online procurement (zakupki.gov.ru).
principles of the registry
reconciliation of guarantees (the one that provides the supplier, and those mentioned in the register) produces a state customer.If there are significant differences or vendor provided totally different data state customer agrees not to do business with a partner.In turn, the supplier is entered in another list that contains information about the unscrupulous market participants.Register of issued bank guarantees available, as mentioned above, the site of public procurement.
