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Personal Guaranty Agreement Template for Indonesia

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Key Requirements PROMPT example:

Personal Guaranty Agreement

"I need a Personal Guaranty Agreement where my father will guarantee a business loan of IDR 500 million from Bank Central Asia for my startup company, with the guarantee period starting from March 1, 2025."

Document background
The Personal Guaranty Agreement is a crucial document in Indonesian business and financial transactions, used when additional security is required for credit arrangements or commercial dealings. It enables creditors to seek payment from a guarantor if the principal debtor defaults on their obligations. The agreement must comply with Indonesian Civil Code requirements and typically includes detailed provisions on the scope of the guarantee, enforcement mechanisms, and the guarantor's obligations. This document is particularly important in securing business loans, commercial leases, and other financial arrangements where the creditor requires additional assurance beyond the principal debtor's commitment. The Personal Guaranty Agreement must be drafted in both Indonesian and any other required language (if applicable) to ensure enforceability under Indonesian law.
Suggested Sections

1. Parties: Identification of the Guarantor, Creditor, and Principal Debtor, including their complete legal names and addresses

2. Background: Context of the guarantee, reference to the main debt agreement, and the relationship between the Guarantor and Principal Debtor

3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Principal Agreement', 'Event of Default'

4. Guarantee: Core section detailing the scope of the guarantee, including the specific obligations being guaranteed

5. Nature of Guarantee: Establishes that this is a continuing guarantee and specifies whether it is conditional or unconditional

6. Guarantor's Representations and Warranties: Guarantor's confirmations regarding their capacity, authority, and financial ability to provide the guarantee

7. Payment Obligations: Details of when and how the Guarantor must perform their payment obligations upon default by the Principal Debtor

8. Preservation of Rights: Creditor's rights preservation, including the right to pursue either the Principal Debtor or Guarantor

9. Duration and Release: Term of the guarantee and conditions for the Guarantor's release from obligations

10. Enforcement: Procedures and rights for enforcing the guarantee, including any specific Indonesian law requirements

11. Notices: Communication procedures between parties, including required formats and addresses

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

13. Language: Statement on the prevailing language (must include Bahasa Indonesia version as per Law No. 24 of 2009)

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Security: Include when the guarantee is supported by specific security arrangements or assets

2. Currency Provisions: Required when the guaranteed obligations are in a foreign currency

3. Tax Provisions: Include when tax implications need to be addressed, particularly for cross-border guarantees

4. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability

5. Subordination: Include when the guarantor's claims need to be subordinated to other creditors

6. Financial Covenants: Include when specific financial conditions must be maintained by the Guarantor

7. Power of Attorney: Include when specific powers need to be granted to the Creditor for enforcement

Suggested Schedules

1. Details of Principal Agreement: Summary of the main debt agreement being guaranteed, including key terms and amounts

2. Guaranteed Obligations: Detailed description of the specific obligations covered by the guarantee

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

4. Assets Schedule: List of any specific assets supporting the guarantee (if applicable)

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

Real Estate

Manufacturing

Trading and Commerce

Construction

Retail

Agriculture

Mining

Technology

Transportation and Logistics

Hospitality

Healthcare

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit Administration

Corporate Secretarial

Business Development

Commercial Operations

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Risk Manager

Legal Counsel

Corporate Lawyer

Commercial Director

Treasury Manager

Compliance Officer

Legal Director

Banking Relationship Manager

Contract Administrator

Company Director

Business Development Manager

Financial Controller

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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