The Personal Guarantee Loan Agreement is a crucial document in Indonesian banking and finance practice, typically used when a lender requires additional security for a loan beyond the borrower's own creditworthiness. This document combines elements of both a loan agreement and a guarantee agreement, structured in compliance with Indonesian Civil Code (KUHPerdata) and banking regulations. It's commonly used in business financing, property purchases, or personal loans where the primary borrower's credentials alone may not satisfy the lender's requirements. The agreement must adhere to Bank Indonesia regulations and OJK (Financial Services Authority) guidelines, particularly regarding consumer protection and transparency in financial services. The document includes detailed sections on the guarantee's scope, enforcement mechanisms, and the guarantor's obligations, making it essential for risk management in lending operations.
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1. Parties: Identification of the Lender, Borrower, and Guarantor with complete legal names and addresses
2. Background: Context of the loan agreement and guarantee, including the relationship between parties and purpose of the loan
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Loan Amount and Purpose: Specification of the loan amount, purpose, and any conditions precedent to disbursement
5. Interest and Fees: Details of interest rate, calculation method, and any applicable fees
6. Repayment Terms: Schedule and method of loan repayment, including installment amounts and dates
7. Guarantee Provisions: Scope and extent of the personal guarantee, including the guarantor's obligations and liability
8. Representations and Warranties: Statements of fact and assurances from both the borrower and guarantor
9. Covenants: Ongoing obligations of the borrower and guarantor during the loan term
10. Events of Default: Circumstances constituting default and their consequences
11. Enforcement and Remedies: Rights and remedies available to the lender in case of default
12. Notices: Method and addresses for formal communications between parties
13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
14. Miscellaneous: Standard boilerplate provisions including amendments, severability, and entire agreement
1. Security Provisions: Additional security arrangements beyond the personal guarantee, used when there is additional collateral
2. Insurance Requirements: Obligations to maintain specific insurance coverage, included when the loan purpose or collateral requires insurance
3. Assignment and Transfer: Rights to assign or transfer the loan or guarantee obligations, included for larger loans or when the lender may want to transfer rights
4. Tax Provisions: Specific tax-related obligations and withholding requirements, included when tax implications are significant
5. Multiple Guarantors: Provisions for joint and several liability, included when there is more than one guarantor
6. Currency Provisions: Rules for handling currency conversions and exchange rates, included for loans involving foreign currency
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and repayment schedule
2. Schedule 2 - Guarantor's Statement of Net Worth: Current financial statement of the guarantor showing assets and liabilities
3. Schedule 3 - Conditions Precedent: List of documents and conditions required before loan disbursement
4. Schedule 4 - Form of Drawdown Notice: Template for requesting loan disbursement
5. Schedule 5 - Payment Instructions: Bank account details and payment procedures
6. Appendix A - Required Documents: List of supporting documents provided by borrower and guarantor
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Small and Medium Enterprises
Construction
Manufacturing
Retail
Agriculture
Technology
Professional Services
Relevant Teams
Legal
Credit Risk
Compliance
Corporate Banking
Retail Banking
Risk Management
Finance
Credit Administration
Operations
Business Development
Relevant Roles
Credit Manager
Loan Officer
Risk Manager
Legal Counsel
Compliance Officer
Banking Manager
Corporate Lawyer
Financial Advisor
Relationship Manager
Credit Analyst
Chief Financial Officer
Chief Legal Officer
Credit Risk Officer
Branch Manager
Account Manager
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