What conditions may include an independent guarantee that ensures the performance of the contract?
In a letter prepared by specialists of the Ministry of Finance of the Russian Federation, in particular, it is noted that according to paragraph 1 of the additional requirements for an independent guarantee approved by Decree of the Government of the Russian Federation No. 1005 dated 11/08/2013, an independent guarantee must be drawn up according to standard forms and under the conditions defined by civil legislation and Article 45 of Law No. 44-FZ, taking into account the relevant additional requirements. In this case, the guarantees may contain additional conditions that should not contradict the provisions of the notification, the draft contract.
Recall that the independent guarantee, which is provided to the customer as security for the application or as security for the performance of the contract, as well as as security for warranty obligations, must be irrevocable and must contain the conditions listed in Part 2 and part 3 of Article 45 of Law No. 44-FZ, as well as the additional requirements provided for in subparagraph "a".
Document: Letter of the Ministry of Finance of the Russian Federation dated May 27, 2024 N 24-06-09/48613
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