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Guarantee Contract

Guarantee Contract Template for Indonesia

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Key Requirements PROMPT example:

Guarantee Contract

"I need a Guarantee Contract under Indonesian law where our parent company (PT Global Industries) will guarantee a 5-year, USD 10 million loan facility that our subsidiary is taking from Bank Central Asia, with the guarantee period starting from March 1, 2025."

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Document background
The Guarantee Contract is a crucial legal instrument in Indonesian business and financial transactions, governed by the Indonesian Civil Code (KUHPer) and related regulations. It is commonly used when additional security is required for business transactions, loans, or project financing. The document provides a legally binding commitment from the Guarantor to assume responsibility for the Principal Debtor's obligations under specific circumstances. Key considerations include compliance with OJK regulations, Bank Indonesia requirements for bank guarantees, and Indonesian security and enforcement laws. The Guarantee Contract must be carefully structured to ensure enforceability under Indonesian law, particularly regarding the guarantee's scope, conditions for enforcement, and any limitations on the Guarantor's liability.
Suggested Sections

1. Parties: Identification of the Guarantor, Principal Debtor, and Beneficiary with complete legal names and addresses

2. Background: Context of the guarantee, reference to the underlying principal agreement, and purpose of the guarantee

3. Definitions: Definitions of key terms used throughout the guarantee contract

4. Guarantee: Core section detailing the scope, amount, and nature of the guarantee obligation

5. Terms of Guarantee: Duration, conditions for calling on the guarantee, and any limitations

6. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial condition

7. Payment Obligations: Process and timing for payments under the guarantee, including currency and payment method

8. Enforcement: Procedures for demanding payment and enforcing the guarantee

9. Indemnity: Guarantor's obligation to indemnify the beneficiary

10. Governing Law and Jurisdiction: Confirmation of Indonesian law application and jurisdiction for disputes

11. Notices: Communication procedures between parties

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Security: Include when the guarantee is secured by specific assets or collateral

2. Foreign Currency Provisions: Required when the guarantee involves foreign currency obligations

3. Tax Provisions: Include when specific tax implications need to be addressed

4. Assignment: Include when transfer rights need to be specifically permitted or restricted

5. Counter-Indemnity: Include when the guarantor requires indemnification from the principal debtor

6. Multiple Guarantors: Include when there is more than one guarantor to specify joint and several liability

7. Step-In Rights: Include when the guarantor has rights to take over the principal debtor's position

Suggested Schedules

1. Form of Demand: Template for making a demand under the guarantee

2. Principal Agreement: Copy or summary of the underlying agreement being guaranteed

3. Guarantor Board Resolution: Corporate approval for providing the guarantee

4. Security Details: Details of any security or collateral provided

5. Payment Schedule: If applicable, schedule of guaranteed payments or obligations

6. Conditions Precedent: List of documents and conditions required before guarantee becomes effective

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

alex.den.21@genieai.co
Relevant legal definitions






























Clauses






























Relevant Industries

Banking & Financial Services

Real Estate & Construction

Infrastructure

Manufacturing

Trade & Commerce

Energy

Mining

Telecommunications

Agriculture

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Commercial

Credit

Business Development

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Treasury Manager

Credit Manager

Compliance Officer

Commercial Director

Business Development Manager

Contract Manager

Company Secretary

General Counsel

Managing Director

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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