Dictionary

Letter of guarantee

“A bank's written promise to pay a third party, such as a customer or landlord, up to a set amount if the company behind it fails to pay or perform. Unlike a letter of credit, it is normally called on only when something goes wrong.”

Why letter of guarantee matters to a first-time founder

This instrument can make a supplier, landlord or public authority comfortable contracting with a young company. It shifts specified payment risk to the issuing institution, but the company usually pays fees and may need collateral or a credit facility. Exact rights depend on the wording and governing law.

Examples of letter of guarantee

A contractor must provide a $50,000 performance guarantee before starting a project. Its bank promises to pay the customer up to that amount if the contractor fails under the conditions stated in the document. The bank charges an annual fee and holds cash collateral from the contractor.

Common misunderstanding

It is not necessarily the same as a letter of credit. A guarantee normally supports an obligation and may be called after a defined failure, while a letter of credit commonly pays when specified documents are presented. Terminology and legal treatment vary by country, so the document’s terms matter more than its title.

When to use it

Use one when a contract, tender, lease or customs arrangement requires credible third-party security. Negotiate the amount, expiry, claim conditions and return or cancellation process. Avoid open-ended wording where possible, and obtain local advice because demand guarantees and surety guarantees can create different rights.