Is it possible to provide guarantees with several independent guarantees?
The Russian Ministry of Finance recalls that in accordance with Part 3 of Article 96 of Law No. 44-FZ, warranty obligations can be secured either by an independent guarantee or by depositing funds into the customer's account. The method of securing, the duration of the guarantee and the amount are determined by the procurement participant independently, but subject to the requirements of the law.
At the same time, Article 45 of Law No. 44-FZ establishes that an independent guarantee must be irrevocable and contain, in particular:
– the amount payable to the customer
– the obligations of the principal, which it provides
– period of validity (at least one month longer than the period of fulfillment of secured obligations)
Thus, the provision of several independent guarantees to ensure warranty obligations (including those with different terms and amounts) contradicts the provisions of Law No. 44-FZ. The warranty must be the same and meet all the established requirements.