What condition in the Bank guarantee does the court recognize as improper security
The auction winner provided security for the execution of the contract. The Bank guarantee did not meet the requirements of article 45 of Law No. 44-FZ: the winner included in it a condition under which the obligations and liability were limited to the amount of the Bank guarantee. The participant was found to have evaded the conclusion of the contract. The decision of the control body was supported by the court.
An illegal condition does not allow the customer to demand payment of fines and penalties greater than the amount of the Bank guarantee. Ensuring the performance of the contract does not guarantee that the participant will fulfill its obligations in full.
Document: Resolution of the Arbitration court of the Moscow district of 24.12.2019 in case no. A40-62701/2019