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Back To Back Bank Guarantee Template for Indonesia

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Key Requirements PROMPT example:

Back To Back Bank Guarantee

"I need a Back to Back Bank Guarantee document where HSBC Singapore provides a counter-guarantee to Bank Mandiri Indonesia for a USD 5 million guarantee relating to a construction project in Jakarta, with the guarantee period running until March 2025."

Document background
Back To Back Bank Guarantee arrangements are commonly used in Indonesia when a beneficiary requires a guarantee from a local Indonesian bank, but the principal maintains its primary banking relationship with an international bank. This document structure is particularly relevant for cross-border transactions, government tenders, and large commercial projects where local bank guarantees are mandatory. The arrangement allows international companies to leverage their existing banking relationships while complying with local requirements. The document includes comprehensive terms governing the counter-guarantee from the international bank to the local bank, the main guarantee to the beneficiary, payment mechanisms, and enforcement procedures. It ensures compliance with Indonesian banking regulations while providing security and clarity for all parties involved.
Suggested Sections

1. Parties: Identification of all parties involved: Account Party, First Bank (Counter-Guarantor), Second Bank (Guarantor), and Beneficiary

2. Background: Context of the transaction, relationship between the parties, and purpose of the back-to-back guarantee arrangement

3. Definitions: Definitions of key terms used in the agreement, including technical banking terms and guarantee-specific terminology

4. Structure of the Back-to-Back Guarantee: Details of how the back-to-back guarantee arrangement works, including the relationship between the original guarantee and counter-guarantee

5. Terms of the Counter-Guarantee: Specific terms under which the first bank provides the counter-guarantee to the second bank

6. Terms of the Main Guarantee: Terms under which the second bank provides the guarantee to the beneficiary

7. Payment Provisions: Procedures and conditions for payment under both guarantees, including timing and documentation requirements

8. Reimbursement Obligations: Terms for reimbursement between parties, including fees, charges, and payment mechanisms

9. Bank's Rights and Obligations: Detailed responsibilities and rights of both banks under the arrangement

10. Representations and Warranties: Standard declarations by all parties regarding their capacity and authority

11. Events of Default: Circumstances constituting default and consequences thereof

12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

Optional Sections

1. Currency Provisions: Required when the guarantee involves foreign currency transactions

2. Counter-Indemnity: Optional section when additional indemnification is required from the Account Party

3. Security Arrangements: Required when specific collateral or security is provided for the guarantee

4. Tax Provisions: Required when cross-border elements necessitate specific tax considerations

5. Force Majeure: Optional section detailing circumstances beyond parties' control that affect the guarantee

6. Assignment Provisions: Required when transfer rights need to be specifically addressed

7. Sanctions Compliance: Required for international transactions or when dealing with foreign parties

Suggested Schedules

1. Schedule 1 - Form of Demand: Standard format for making a demand under the guarantee

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and commission rates

3. Schedule 3 - Required Documents: List of documents required for guarantee activation and claims

4. Schedule 4 - Notice Details: Contact information and notice requirements for all parties

5. Appendix A - Original Guarantee Terms: Copy or details of the main guarantee terms issued by the second bank

6. Appendix B - Counter-Guarantee Terms: Specific terms of the counter-guarantee issued by the first bank

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses

































Relevant Industries

Banking and Financial Services

International Trade

Construction

Infrastructure

Manufacturing

Energy

Mining

Real Estate Development

Telecommunications

Government Contracts

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Compliance

Risk Management

Commercial

International Banking

Corporate Banking

Project Finance

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Banking Relationship Manager

Finance Director

Legal Counsel

Compliance Officer

Risk Manager

Commercial Director

Project Finance Manager

Contract Manager

Corporate Banking Officer

International Banking Officer

Credit Risk Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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