Academia
Diploma thesis 2011Accountingbančna garancija · banćno zavarovanje · poslovna tveganja

PROCEDURE FOR OBTAINING A BANK GUARANTEE AS AN INSTRUMENT FOR SECURING CONTRACTUAL OBLIGATIONS FOR LEGAL ENTITIES

A guarantee is always expressed in monetary form and its obligation is treated separately from the obligation of the principal debtor.

Polona RepičEkonomist · module Računovodstvo · supervisor dr. Vlasta Črčinovič-Krofič · defence julij 2011
In brief

The project in five facts.

AuthorPolona Repič
Supervisordr. Vlasta Črčinovič-Krofič
ModuleAccountingEkonomist
Employer / clientAcademia
Year2011julij 2011
About the project

Challenge, approach and results.

A bank guarantee represents an independent and irrevocable obligation of the bank – the guarantor – to pay the beneficiary the amount stated in the guarantee in the event that the applicant for the guarantee fails to fulfil the obligations arising from the underlying contract concluded with the beneficiary. A guarantee is always expressed in monetary form and its obligation is treated separately from the obligation of the principal debtor. Bank guarantees developed due to the demands of rapidly expanding international trade in the 1960s. In the practical part, the procedure for obtaining a bank guarantee at bank X for legal entities is outlined, demonstrating that in order to obtain a guarantee, it is necessary to submit diverse documentation on the part of the company – the applicant for the guarantee. On the basis of the collected documentation, the bank verifies the creditworthiness of the company and the seriousness of the transaction for which the guarantee is required.

Problem

A bank guarantee represents an independent and irrevocable obligation of the bank – the guarantor – to pay the beneficiary the amount stated in the guarantee in the event that the applicant for the guarantee fails to fulfil the obligations arising from the underlying contract concluded with the beneficiary. A guarantee is always expressed in monetary form and its obligation is treated separately from the obligation of the principal debtor.

Solution and Method

Bank guarantees developed due to the demands of rapidly expanding international trade in the 1960s. Today they are used in both international and domestic business environments. The main advantage that a bank guarantee offers to the beneficiary is that it avoids the risk of illiquidity and insolvency of its contractual partner, as well as simple and quick encashment if the contractual partner fails to fulfil the agreed obligations.

However, it is a relatively expensive instrument of security, as the costs of issuing and maintaining bank guarantees can be very high, and therefore they are not always the most appropriate method of securing against risks. It is therefore sensible for a company to examine other, more favourable forms of securing against risks. The diploma thesis presents in detail the types of bank guarantees and their characteristics.

Likewise, the legal relationships that arise when conducting business with bank guarantees are explained.

Results

In the practical part, the procedure for obtaining a bank guarantee at bank X for legal entities is outlined, demonstrating that in order to obtain a guarantee, it is necessary to submit diverse documentation on the part of the company – the applicant for the guarantee. On the basis of the collected documentation, the bank verifies the creditworthiness of the company and the seriousness of the transaction for which the guarantee is required. The procedure for deciding on the issuance of a guarantee by the bank and the course of its issuance is also shown.

Likewise, the procedure and conditions for encashing the guarantee and the concept of validity of a bank guarantee are explained.

Podpisovanje bančne garancije in poslovnih dokumentov
Diploma thesis

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