Resolution of 08.11 1005. Codes of the Russian Federation

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when generating information and documents for inclusion in the register of bank guarantees before December 31, 2016, indicate the number of the notice of purchase, posted on the official website of the Russian Federation on the Internet information and telecommunications network to post information about placing orders for the supply of goods, performance of work , provision of services, or a unique contract number, which is secured by a bank guarantee, from the register of contracts, and from January 1, 2017 - the procurement identification code.

MAINTENANCE AND PLACEMENT IN A UNIFIED INFORMATION SYSTEM

IN THE FIELD OF PROCUREMENT OF THE REGISTER OF BANK GUARANTEES

FORMATION AND MAINTENANCE OF A CLOSED REGISTER

Judicial practice and legislation - Decree of the Government of the Russian Federation of November 8, 2013 N 1005 (as amended on June 30, 2018) "On bank guarantees used for the purposes of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs " (together with the "Additional requirements for a bank guarantee used for the purposes of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", "Rules for maintaining and posting in a unified information system in the field of procurement of a bank register guarantees")

In accordance with Decree of the Government of the Russian Federation dated November 8, 2013 N 1005 “On bank guarantees used for the purposes of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, the Federal Treasury maintains a register of bank guarantees and places it before the commissioning of a unified information system in the field of procurement on the official website of the Russian Federation on the Internet information and telecommunications network to post information on placing orders for the supply of goods, performance of work, provision of services www.zakupki.gov.ru (hereinafter referred to as - official site).

GOVERNMENT OF THE RUSSIAN FEDERATION

ABOUT BANK GUARANTEES,
USED FOR THE PURPOSES OF THE FEDERAL LAW "ON CONTRACT"
SYSTEM IN THE FIELD OF PROCUREMENT OF GOODS, WORKS, SERVICES
TO PROVIDE STATE
AND MUNICIPAL NEEDS"

In accordance with the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" the Government of the Russian Federation decides:

1. Approve the attached:

additional requirements for a bank guarantee used for the purposes of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs";

a list of documents submitted by the customer to the bank simultaneously with the requirement to pay the amount of money under the bank guarantee;

Rules for maintaining and posting in a unified information system in the field of procurement a register of bank guarantees;

form of request for payment of a sum of money under a bank guarantee;

Rules for the formation and maintenance of a closed register of bank guarantees.

2. Establish that:

before the commissioning of a unified information system in the field of procurement, the register of bank guarantees is posted on the official website of the Russian Federation on the Internet information and telecommunications network to post information on placing orders for the supply of goods, performance of work, provision of services;

3. This resolution comes into force on January 1, 2014, with the exception of subparagraph “c” of paragraph 4 of the Rules approved by this resolution, which comes into force on January 1, 2015.

Chairman of the Government
Russian Federation
D.MEDVEDEV

Approved
Russian Federation
dated November 8, 2013 N 1005

ADDITIONAL REQUIREMENTS
TO THE BANK GUARANTEE USED FOR FEDERAL PURPOSES
LAW "ON THE CONTRACT SYSTEM IN THE FIELD OF PROCUREMENT OF GOODS,
WORKS, SERVICES TO PROVIDE PUBLIC
AND MUNICIPAL NEEDS"

A bank guarantee is issued in writing on paper or in the form of an electronic document signed with an electronic signature, the type of which is provided for by the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", a person who has the right to act on behalf of named after the bank (hereinafter referred to as the guarantor), on the terms determined by civil legislation and Article 45 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", taking into account the following requirements:

a) mandatory confirmation in a bank guarantee:

the right of the customer, in the event of improper fulfillment or non-fulfillment by the supplier (contractor, performer) of obligations secured by a bank guarantee, to submit on paper or in the form of an electronic document a demand for payment of a sum of money under the bank guarantee provided as security for the execution of the contract, in the amount of the contract price, reduced by an amount proportional to the volume of obligations actually fulfilled by the supplier (contractor, performer), stipulated by the contract and paid by the customer, but not exceeding the amount of security for the execution of the contract;

the right of the customer, in cases established by Part 13 of Article 44 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", to submit on paper or in the form of an electronic document a request for payment of a sum of money under a bank guarantee, provided as security for the application, in the amount of security for the application established in the notice of procurement, procurement documentation;

the customer’s rights to transfer the right of claim under a bank guarantee when the customer changes in cases provided for by the legislation of the Russian Federation, with prior notification of this to the guarantor;

conditions that expenses arising in connection with the transfer of funds by the guarantor under a bank guarantee are borne by the guarantor;

list of documents submitted by the customer to the bank simultaneously with the requirement to pay the amount of money under the bank guarantee, approved

b) inadmissibility of inclusion in a bank guarantee:

provisions on the guarantor’s right to refuse to satisfy the customer’s request for payment under a bank guarantee if the customer fails to provide the guarantor with notice of a violation by the supplier (contractor, performer) of the terms of the contract or termination of the contract (except for cases where the provision of such notification is provided for by the terms of the contract or the legislation of the Russian Federation) ;

requirements for the customer to provide the guarantor with a report on the execution of the contract;

requirements for the customer to provide the guarantor simultaneously with the requirement for payment of the amount of money under the bank guarantee of documents not included in the list of documents submitted by the customer to the bank simultaneously with the requirement for payment of the amount of money under the bank guarantee, approved by the Decree of the Government of the Russian Federation of November 8, 2013. N 1005 “On bank guarantees used for the purposes of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”;

c) mandatory numbering on all sheets of the bank guarantee, which must be stitched, signed and sealed by the guarantor, if it is issued in writing on paper on several sheets.

Approved
Government resolution
Russian Federation
dated November 8, 2013 N 1005

SCROLL
DOCUMENTS SUBMITTED BY THE CUSTOMER TO THE BANK AT THE SAME TIME
WITH A DEMAND FOR PAYMENT OF THE AMOUNT OF MONEY
BY BANK GUARANTEE

1. The beneficiary, simultaneously with the requirement to pay the amount of money under the bank guarantee (hereinafter referred to as the claim under the bank guarantee), provided as security for the application, sends to the guarantor a document confirming the authority of the person who signed the claim under the bank guarantee (power of attorney) (if the claim under the bank guarantee was signed by a person not listed in the Unified State Register of Legal Entities as a person who has the right to act on behalf of the beneficiary without a power of attorney).

2. The beneficiary, simultaneously with the requirement for the bank guarantee provided as security for the execution of the contract, sends the following documents to the guarantor:

a) calculation of the amount included in the claim under the bank guarantee;

b) a payment order confirming the transfer by the beneficiary of the advance to the principal, with a note from the beneficiary's bank or the Federal Treasury authority regarding execution (if the payment of the advance is provided for in the contract, and a claim under a bank guarantee is made in the event of improper fulfillment by the principal of the obligations to return the advance);

c) a document confirming the fact of the occurrence of a warranty case in accordance with the terms of the contract (if a claim under a bank guarantee is made in the event of improper performance by the principal of obligations during the warranty period);

d) a document confirming the authority of the person who signed the claim under the bank guarantee (power of attorney) (if the claim under the bank guarantee was signed by a person not listed in the Unified State Register of Legal Entities as a person entitled to act on behalf of the beneficiary without a power of attorney).

Approved
Government resolution
Russian Federation
dated November 8, 2013 N 1005

RULES
MAINTENANCE AND PLACEMENT IN A UNIFIED INFORMATION SYSTEM
IN THE FIELD OF PROCUREMENT OF THE REGISTER OF BANK GUARANTEES

1. These Rules establish the procedure for maintaining and posting in a unified information system in the field of procurement a register of bank guarantees used for the purposes of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", with the exception of bank guarantees, provided as security for applications and execution of contracts, if such applications and (or) contracts contain information constituting a state secret (hereinafter referred to as the register, bank guarantee).

3. The Federal Treasury maintains the register and places it in a unified information system in the field of procurement. At the same time, the information on bank guarantees provided for in paragraph 4 of these Rules is not posted on the official website of the unified information system on the Internet.

4. The register includes information and documents specified in Part 9 of Article 45 of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, as well as:

a) name, location of the customer who is the beneficiary, taxpayer identification number;

b) a copy of the document on amendments to the terms of the bank guarantee (if any);

c) procurement identification code;

d) information about the customer’s refusal to accept the bank guarantee (if any);

e) other information provided for by these Rules.

5. In order to maintain the register, the bank, no later than the business day following the day of issuance of the bank guarantee or the day of making changes to the terms of the bank guarantee, forms and includes the information and documents specified in paragraph 4 of these Rules in the register.

6. The register, including the information and documents specified in paragraph 4 of these Rules, is formed and maintained in the state language of the Russian Federation. The name of foreign legal entities and the last name, first name, patronymic (if any) of foreign individuals and stateless persons are indicated both in the state language of the Russian Federation and using letters of the Latin alphabet.

7. The register, including the information and documents specified in paragraph 4 of these Rules, is stored in accordance with the storage periods for archival documents determined in accordance with Part 3 of Article 6 of the Federal Law “On Archival Affairs in the Russian Federation”.

8. The information and documents specified in subparagraphs “a” - “c” of paragraph 4 of these Rules are signed with an electronic signature, the type of which is provided for by the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, a person authorized to act on behalf of the bank.

9. The Federal Treasury, within 3 hours from the moment the bank includes information and documents in the register, automatically verifies:

a) availability of information and documents in accordance with paragraph 4 of these Rules;

b) compliance of the procedure for generating information and documents with the procedure established in accordance with paragraphs 8 and 18 of these Rules.

10. In the event of a positive result of the check, the information and documents specified in paragraph 4 of these Rules, submitted for the first time by the bank under the issued bank guarantee, form a register entry to which the Federal Treasury assigns a unique number. When the bank submits amended information and documents specified in paragraph 4 of these Rules, the previously generated register entry is assigned the corresponding serial number and the register entry is updated.

In the event of a negative result of the check, the information and documents specified in paragraph 4 of these Rules do not create (update) a register entry, of which the bank is notified by the Federal Treasury within 3 hours by sending an electronic protocol containing information about the identified inconsistencies.

11. The unique register entry number has the following structure:

a) 1st, 2nd, 3rd categories - identification code of the bank that issued the bank guarantee;

b) 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14th digits - identification code of the customer who is the beneficiary;

c) 15th, 16th digits - the last two digits of the year in which the register entry was created;

d) 17, 18, 19, 20th digits - the serial number of the register entry, assigned sequentially in accordance with the continuous numbering carried out within the calendar year for each customer;

e) 21st, 22nd digits - a serial number assigned to each information and each document in the register entry sequentially in accordance with the continuous numbering carried out within the register entry.

12. Based on the results of consideration of the received bank guarantee, in the event of refusal to accept the bank guarantee within a period not exceeding 3 working days from the date of its receipt, customers form and include the information specified in subparagraph “d” of paragraph 4 of these Rules in the register.

12(1). Information about the termination of the principal's obligations secured by a bank guarantee and the return of the bank guarantee to the guarantor or about the notification sent by the beneficiary to the guarantor about the release from obligations under the bank guarantee is included in the register from the register of contracts concluded by customers, the procedure for maintaining which is established by the Rules for maintaining the register of contracts concluded customers approved by Decree of the Government of the Russian Federation of November 28, 2013 N 1084 “On the procedure for maintaining a register of contracts concluded by customers and a register of contracts containing information constituting a state secret.”

13. The information specified in subparagraph "d" of paragraph 4 of these Rules is signed with an electronic signature, the type of which is provided for by the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", a person who has the right to act on behalf of customer's name.

14. The Federal Treasury, within 3 hours from the moment the customer includes in the register the information specified in subparagraph “d” of paragraph 4 of these Rules, ensures verification of compliance with the deadlines provided for in paragraph 12, as well as the procedure for generating such information established in accordance with paragraphs 13 and 18 of these Rules.

15. If the verification result is positive, the Federal Treasury assigns a serial number to the specified information and the corresponding register entry is updated.

16. In the event of a negative result of the inspection, the register entry is not updated, of which the customer is notified by the Federal Treasury within 3 hours by sending an electronic protocol containing information about the identified inconsistencies.

17. The information provided by the customer for inclusion in the register cannot differ from the information sent by the customer to the person who provided the bank guarantee.

18. The procedure for assigning, applying, as well as changing identification codes of banks and customers, the procedure for generating information and documents specified in paragraph 4 of these Rules, including with the use of directories, registers and classifiers used in information systems in the field of state and municipal management finances are determined by the Ministry of Finance of the Russian Federation.

19. The Federal Treasury, within 3 hours from the moment of assigning a unique register entry number or updating it, ensures that the specified register entry is placed in a unified information system in the field of procurement.

21. Register entries placed in the unified information system in the field of procurement are signed with an electronic signature, the type of which is provided for by the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, the Federal Treasury.

Approved
Government resolution
Russian Federation
dated November 8, 2013 N 1005

CLAIM FORM
ABOUT THE PAYMENT OF THE AMOUNT OF MONEY
BY BANK GUARANTEE

REQUIREMENT to pay a sum of money under a bank guarantee dated " " 20 N Due to the fact that under a bank guarantee dated " " 20 N _______________________________________________________ is the guarantor (full name of the credit institution-guarantor) (hereinafter referred to as the guarantor) before _____________________________________________________ (full name of the beneficiary organization) (hereinafter referred to as the beneficiary), with this requirement we notify you of the non-fulfillment (improper performance) of ________________________________________________, (full name of the principal organization) TIN _____________________________________________ of its obligations to ___________________________________________________________________________ (full name of the beneficiary organization) under contract N dated " " 20 (application for participation in a competition, closed auction) _______________________________________________________, (indicate as necessary) namely ___________________________________________________________________ (indicate specific violations ________________________________________________________________________________. P. Authorized person of the beneficiary ___________ (_______________________) (signature) (initials, surname) Note of delivery (transfer by other means) ___________ (_______________________) (signature) (initials, surname) "__" __________ 20__ (date of delivery)

Note. The requirement to pay a sum of money under a bank guarantee and the documents and (or) copies thereof sent along with it are drawn up in writing on paper or in the form of an electronic document in the manner prescribed by the legislation of the Russian Federation.

Approved
Government resolution
Russian Federation
dated November 8, 2013 N 1005

RULES
FORMATION AND MAINTENANCE OF A CLOSED REGISTER
BANK GUARANTEES

1. These Rules establish the procedure for the formation and maintenance of a closed register of bank guarantees provided as security for applications and (or) execution of contracts, if such applications or contracts contain information constituting a state secret, including the inclusion in it of information about such bank guarantees, as well as the procedure and timing for providing an extract from the specified register (hereinafter referred to as the register, bank guarantee).

2. The register includes bank guarantees issued by banks that meet the requirements established by the Government of the Russian Federation in accordance with Part 1 of Article 45 of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

3. The register is maintained by the Federal Treasury.

4. The register includes the information specified in Part 9 of Article 45 of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, as well as:

a) name, location of the customer who is the beneficiary, taxpayer identification number;

b) procurement identification code.

5. The register, including the information specified in paragraph 4 of these Rules, is formed and maintained in the state language of the Russian Federation. The name of foreign legal entities, surname, name, patronymic (if any) of foreign individuals and stateless persons are indicated both using letters of the Russian alphabet and using letters of the Latin alphabet.

6. The register, including the information specified in paragraph 4 of these Rules, is stored in accordance with the storage periods for archival documents determined in accordance with Part 3 of Article 6 of the Federal Law “On Archival Affairs in the Russian Federation” and the Law of the Russian Federation “On State Secrets” .

7. The register is maintained by creating or changing register entries, which include information provided by banks in accordance with these Rules.

A sequential collection of register entries forms a register.

8. The register is maintained electronically, and if it is not possible to maintain it electronically, in paper form.

9. The formation and sending by the bank of information to be included in the register, including the procedure for certifying the right of signature of the persons sending the information, as well as the sending by the Federal Treasury of extracts and protocols in accordance with these Rules are carried out in the manner and in the forms established by the Ministry of Finance of the Russian Federation Federation.

10. In order to maintain the register, the bank, no later than the business day following the day of issuance of the bank guarantee or the day of making changes to the terms of the bank guarantee, forms and sends in accordance with paragraph 9 of these Rules the information specified in paragraph 4 of these Rules to the territorial body of the Federal Treasury for location of the bank.

11. Information to be included in the register and generated in accordance with the forms established in accordance with paragraph 9 of these Rules is signed by a person authorized to act on behalf of the bank and sent by the bank on paper and, if technically possible, on removable computer storage media in accordance with with the legislation of the Russian Federation on the protection of state secrets.

When the bank sends information on paper and removable computer media, the bank ensures the identity of the information presented on the specified media.

12. The Federal Treasury, within one business day from the date of receipt of information from the bank, checks:

a) availability of information specified in paragraph 4 of these Rules;

b) compliance of the procedure for generating and sending information with the procedure established by paragraphs 9 and 11 of these Rules.

13. In the event of a positive result of the verification, the information provided for the first time by the bank is included by the Federal Treasury within the period provided for in paragraph 12 of these Rules in the register entry, which is assigned a unique number. When the bank submits amended information, the Federal Treasury includes such information in the previously generated register entry and the register entry is updated.

The register entry is included in the register or updated in the register by the Federal Treasury on the day the register entry is formed (updated).

On the day of formation (updating) of the register entry, the Federal Treasury sends the bank an extract from the register in accordance with paragraph 9 of these Rules.

14. In the event of a negative result of the inspection, the Federal Treasury does not create or update the register entry, and within the period provided for in paragraph 12 of these Rules, it notifies the bank by sending a paper protocol containing information about the identified inconsistencies, and returns the received information to the bank.

15. The unique register entry number has the following structure:

a) 1st digit - registry attribute code, taking the value “C”;

b) 2, 3, 4th digits - the first three digits of the identification code of the bank that issued the bank guarantee;

c) 5th and 6th digits - the last two digits of the year in which the register entry was created;

d) 7, 8, 9, 10th digits - code of the territorial body of the Federal Treasury that creates the register entry;

e) 11, 12, 13th digits - the serial number of the register entry, assigned sequentially in accordance with the continuous numbering carried out within the calendar year for each territorial body of the Federal Treasury and for each bank.

16. The Federal Treasury, at the request of the guarantor, principal or beneficiary, provides on paper an extract from the register about the information included in the register about such a bank guarantee, and also sends the specified information at the request of the state body (local government body) that has the right to receive such information. Requests for an extract from the register are sent to the territorial body of the Federal Treasury at the location of the applicant.

a) mandatory confirmation in a bank guarantee:

conditions that expenses arising in connection with the transfer of funds by the guarantor under a bank guarantee are borne by the guarantor;

APPROVED
Government resolution
Russian Federation
dated November 8, 2013 N 1005

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documents submitted by the customer to the bank simultaneously with the requirement to pay the amount of money under the bank guarantee

2. The beneficiary, simultaneously with the requirement for the bank guarantee provided as security for the execution of the contract, sends the following documents to the guarantor:

a) calculation of the amount included in the claim under the bank guarantee;

Rules
maintaining and placing in a unified information system in the field of procurement a register of bank guarantees
(approved by resolution

With changes and additions from:

part 1 of article 45

4. The register includes information and documents specified in Part 9 of Article 45

a) name, location of the customer who is the beneficiary, taxpayer identification number;

b) a copy of the document on amendments to the terms of the bank guarantee (if any);

c) procurement identification code;

d) information about the customer’s refusal to accept the bank guarantee (if any);

Information about changes:

By Decree of the Government of the Russian Federation of April 2, 2015 N 308, paragraph 4 was supplemented with subparagraph “e”

e) other information provided for by these Rules.

9. The Federal Treasury, within 3 hours from the moment the bank includes information and documents in the register, automatically verifies:

11. The unique register entry number has the following structure:

a) 1st, 2nd, 3rd categories - identification code of the bank that issued the bank guarantee;

b) 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14th digits - identification code of the customer who is the beneficiary;

c) 15th, 16th digits - the last two digits of the year in which the register entry was created;

d) 17, 18, 19, 20th digits - the serial number of the register entry, assigned sequentially in accordance with the continuous numbering carried out within the calendar year for each customer;

12.1. Information about the termination of the principal's obligations secured by a bank guarantee and the return of the bank guarantee to the guarantor or about the notification sent by the beneficiary to the guarantor about the release from obligations under the bank guarantee is included in the register from the register of contracts concluded by customers, the procedure for maintaining which is established by the Rules for maintaining the register of contracts concluded customers approved by Decree of the Government of the Russian Federation of November 28, 2013 N 1084 “On the procedure for maintaining a register of contracts concluded by customers and a register of contracts containing information constituting a state secret.”

14. The Federal Treasury, within 3 hours from the moment the customer includes in the register the information specified in subparagraph "d" of paragraph 4 of these Rules, ensures verification of compliance with the deadlines provided for in paragraph 12, as well as the procedure for generating such information, established in accordance with paragraphs 13 and of these Rules.

15. If the verification result is positive, the Federal Treasury assigns a serial number to the specified information and the corresponding register entry is updated.

17. The information provided by the customer for inclusion in the register cannot differ from the information sent by the customer to the person who provided the bank guarantee.

Form
requirements for payment of a sum of money under a bank guarantee
(approved by Decree of the Government of the Russian Federation of November 8, 2013 N 1005)

REQUIREMENT about the payment of a sum of money by bank guarantee dated " " 20 N Due to the fact that under the bank guarantee dated " " 20 N _______________________________________________________ is the guarantor (full name of the guarantor credit institution) (hereinafter referred to as the guarantor) before _________________________________________________ (full name of the beneficiary organization) (hereinafter - beneficiary), with this requirement we notify you of the non-fulfillment (improper performance) of ______________________________________________, (full name of the principal organization) TIN _________________________________________________ of its obligations to ________________________________________________________________________ (full name of the beneficiary organization) under contract No. dated " " 20 (application for participation in competition, closed auction) ______________________________________________________________, (indicate as necessary) namely _______________________________________________________________ (indicate specific violations ________________________________________________________________________________. _____________________________ (date of delivery)

Information about changes:

By Decree of the Government of the Russian Federation of April 2, 2015 N 308, the resolution was supplemented by the Rules

APPROVED
Government resolution
Russian Federation
dated November 8, 2013 N 1005

Rules
formation and maintenance of a closed register of bank guarantees