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Performance Guarantee Bond Template for Indonesia

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Key Requirements PROMPT example:

Performance Guarantee Bond

"I need a Performance Guarantee Bond for a construction project in Jakarta, where Bank Mandiri will guarantee IDR 5 billion on behalf of PT Konstruksi Utama (contractor) to PT Development Indo (developer), valid until March 2025."

Document background
A Performance Guarantee Bond is a crucial security instrument in Indonesian business transactions, particularly in construction, infrastructure, and large-scale projects. It serves as a financial guarantee issued by a bank or financial institution to protect the interests of project owners or employers against potential non-performance or default by contractors or service providers. The document must comply with Indonesian banking regulations, including OJK requirements and the Indonesian Civil Code. Performance Guarantee Bonds typically specify the guaranteed amount (usually 5-10% of the contract value), validity period, claim procedures, and conditions for release. They are essential for risk mitigation in significant commercial contracts and are often required in both private and public sector projects in Indonesia.
Suggested Sections

1. Parties: Identifies the three key parties: (1) Guarantor (usually a bank), (2) Principal (the party whose performance is guaranteed), and (3) Beneficiary (the party in whose favor the guarantee is issued)

2. Background: References the underlying contract or agreement requiring the performance guarantee and explains the context of the guarantee

3. Definitions: Defines key terms used in the bond including 'Guaranteed Obligations', 'Guarantee Amount', 'Expiry Date', and other relevant terms

4. Guarantee: The core section detailing the guarantee commitment, maximum guarantee amount, and nature of the guarantee (unconditional, irrevocable, etc.)

5. Claim Procedure: Specifies the process and requirements for making a claim under the guarantee, including notice requirements and documentation

6. Payment Terms: Details the timing and method of payment upon valid claim, including currency and bank account requirements

7. Validity Period: Specifies the effective date and expiry date of the guarantee

8. Reduction and Release: Conditions under which the guarantee amount may be reduced and when the guarantee will be released

9. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and defines jurisdiction for dispute resolution

Optional Sections

1. Multiple Guarantors: Required when more than one bank or institution is providing the guarantee, defining their respective rights and obligations

2. Step-in Rights: Optional section providing the guarantor rights to step into the principal's position in the underlying contract

3. Counter-Indemnity: Include when the principal provides counter-indemnity to the guarantor

4. Assignment: Include if assignment of rights under the guarantee is to be permitted

5. Language: Required for dual-language versions, specifying which language prevails

Suggested Schedules

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

2. Underlying Contract: Copy or key details of the contract being guaranteed

3. Specimen Signatures: Authorized signatures for making and accepting claims

4. Bank Details: Payment account details for the beneficiary

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

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Relevant Industries

Construction

Infrastructure

Manufacturing

Energy

Mining

Real Estate Development

Engineering

Public Works

Telecommunications

Industrial Development

Relevant Teams

Legal

Finance

Project Management

Risk Management

Procurement

Treasury

Compliance

Commercial Operations

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Finance Director

Chief Financial Officer

Risk Manager

Construction Manager

Procurement Manager

Commercial Director

Treasury Manager

Bank Relationship Manager

Company Secretary

Compliance 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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