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Personal Guarantee Settlement Agreement Template for Indonesia

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Key Requirements PROMPT example:

Personal Guarantee Settlement Agreement

"I need a Personal Guarantee Settlement Agreement for settling a corporate guarantee of IDR 5 billion, with monthly installments over 18 months starting March 2025, where I'm the guarantor for my company's debt to Bank Mandiri."

Document background
The Personal Guarantee Settlement Agreement is utilized when parties seek to resolve obligations arising from a personal guarantee in Indonesia. This document becomes necessary when a guarantor wishes to settle their obligations under an existing personal guarantee, either through a lump sum payment or structured payment plan. It is particularly relevant in situations involving corporate borrowing where directors or shareholders have provided personal guarantees, or in cases where business relationships require personal guarantees from key stakeholders. The agreement must comply with Indonesian Civil Code requirements and typically includes detailed provisions on settlement amounts, payment terms, release conditions, and the consequences of default. This document is crucial for both creditors seeking to secure settlement terms and guarantors looking to resolve their guarantee obligations in a legally binding manner.
Suggested Sections

1. Parties: Identification of all parties involved - the guarantor, the creditor, and the principal debtor

2. Background: Context of the original guarantee, the current outstanding obligations, and the reason for the settlement agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Acknowledgment of Debt: Confirmation of the guaranteed amount and outstanding obligations

5. Settlement Terms: Detailed terms of the settlement including payment amount, schedule, and method

6. Release and Discharge: Terms of release from the original guarantee upon completion of settlement obligations

7. Representations and Warranties: Guarantor's assertions regarding their capacity and authority to enter into the agreement

8. Default Provisions: Consequences and remedies in case of default on settlement terms

9. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction

10. Notices: Communication protocols between parties

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Security Provisions: Additional security arrangements if new collateral is provided as part of settlement

2. Tax Provisions: Allocation of tax responsibilities if settlement involves significant tax implications

3. Confidentiality: Confidentiality obligations if parties wish to keep settlement terms private

4. Force Majeure: Provisions for unforeseen circumstances affecting settlement performance

5. Assignment: Rights and restrictions regarding assignment of settlement agreement

6. Third Party Rights: Provisions regarding rights of third parties, particularly relevant if multiple guarantors or creditors exist

7. Alternative Dispute Resolution: Mediation or arbitration provisions if parties prefer alternative to court proceedings

Suggested Schedules

1. Payment Schedule: Detailed schedule of settlement payments including dates, amounts, and payment methods

2. Original Guarantee Document: Copy of the original personal guarantee agreement being settled

3. Statement of Outstanding Debt: Detailed calculation of outstanding obligations as of settlement date

4. Asset Schedule: List of any assets provided as additional security for the settlement

5. Required Corporate Approvals: Copies of any corporate authorizations required for settlement (if applicable)

6. Release Documentation: Form of release to be provided upon completion of settlement

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

Commercial Lending

Real Estate

Construction

Manufacturing

Trading and Distribution

Retail

Professional Services

Small and Medium Enterprises

Corporate Finance

Relevant Teams

Legal

Finance

Credit Risk

Corporate Banking

Compliance

Collections and Recovery

Treasury

Business Development

Corporate Secretariat

Risk Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Credit Risk Manager

Corporate Banking Manager

Restructuring Officer

Collections Manager

Compliance Officer

Treasury Manager

Business Development Director

Company Secretary

Risk Management Officer

Account Relationship Manager

Recovery Manager

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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