Business Guarantees: Deposits and Sureties for Companies

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Types, functioning, and benefits of our guarantees for companies

Law often requires companies to provide guarantees to participate in competitive bidding process or to obtain concessions and licenses. This offers significant advantages for both parties involved, ensuring that contractual obligations are guaranteed.

A deposit and a surety are both forms of financial guarantees for companies, but they differ in details and application.

Types, functioning, and benefits of our guarantees for companies

Law often requires companies to provide guarantees to participate in competitive bidding process or to obtain concessions and licenses. This offers significant advantages for both parties involved, ensuring that contractual obligations are guaranteed.

A deposit and a surety are both forms of financial guarantees for companies, but they differ in details and application.

Deposit

A deposit is a sum of money or a valuable asset that is temporarily handed over as a guarantee in case of default or damages. Typically, the deposit is returned at the end of a contract or agreement, provided that all obligations have been fulfilled.
It is often used in situations such as lease contracts, rental agreements, or procurement contracts: in these cases, deposit is a safeguard against potential damages or breaches.
The deposit is returned to the debtor at the end of the agreement, as long as all obligations have been met.

Deposit involves three key parties: the guarantor (often an insurance company), the beneficiary (the one who will receive the payment), and the contractor (the insured company). Essentially, the guarantor commits to paying the beneficiary the amount owed by the contractor in case the latter fails to meet its contractual obligations. This contract requires the payment of a premium, which is the cost of the insurance deposit.

Suretyship

A suretyship is a contract written by a third party (usually an insurance company or a bank) to guarantee the payment of a debt or the fulfillment of an obligation by a third party (the principal) in case the latter fails to comply.
It is often used in financial or commercial scenarios, such as loans, public tenders, construction contracts, to ensure that the principal fulfills its obligations.
It does not entail a direct return of funds to the principal. The suretyship is activated only in case of default, and the surety company pays the creditor up to the guaranteed amount.

Deposit

A deposit is a sum of money or a valuable asset that is temporarily handed over as a guarantee in case of default or damages. Typically, the deposit is returned at the end of a contract or agreement, provided that all obligations have been fulfilled.
It is often used in situations such as lease contracts, rental agreements, or procurement contracts: in these cases, deposit is a safeguard against potential damages or breaches.
The deposit is returned to the debtor at the end of the agreement, as long as all obligations have been met.

Deposit involves three key parties: the guarantor (often an insurance company), the beneficiary (the one who will receive the payment), and the contractor (the insured company). Essentially, the guarantor commits to paying the beneficiary the amount owed by the contractor in case the latter fails to meet its contractual obligations. This contract requires the payment of a premium, which is the cost of the insurance deposit.

Suretyship

A suretyship is a contract written by a third party (usually an insurance company or a bank) to guarantee the payment of a debt or the fulfillment of an obligation by a third party (the principal) in case the latter fails to comply.
It is often used in financial or commercial scenarios, such as loans, public tenders, construction contracts, to ensure that the principal fulfills its obligations.
It does not entail a direct return of funds to the principal. The suretyship is activated only in case of default, and the surety company pays the creditor up to the guaranteed amount.

Main Types of Guarantees

Tender Deposit: Provisional

An essential requirement for participating in tenders, ensuring the reliability of the offer. A provisional deposit is a temporary deposit required as a guarantee during the negotiation or execution phase of a contract. This type of deposit provides limited financial security during the initial stages of an agreement.

Tender Deposit: Permanent

A mandatory guarantee common in many commercial transactions, public tenders, construction contracts, and other contexts where a form of financial security is necessary to ensure the proper and timely execution of an agreement. It occurs when a bid is won, ensuring the correct fulfillment of performance. The permanent deposit can be issued in the form of a bank guarantee or an insurance policy in favor of the recipient.

Suretyship for VAT Refunds

  • They allow advance refund of credits owed to companies by the Tax Administration.
  • The guarantee can be provided through government bond, suretyship from a company or a bank, or insurance policies.

Customs Suretyship

  • Required for customs operations, ensuring the payment of customs duties in case of difficulties on the part of the transporting company.
  • They also cover duty payment postponement and other situations such as the temporary importation of goods.

If you want to learn more about a specific type of deposit, our team is ready to help you.
Contact us to find the most suitable solution for protecting and strengthening your business.

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