Advance Performance Guarantee Template for Indonesia

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Key Requirements PROMPT example:

Advance Performance Guarantee

"I need an Advance Performance Guarantee for a Jakarta infrastructure project worth IDR 500 billion, where my company (PT Global Konstruksi) is the contractor, with Bank Mandiri as guarantor, securing a 15% advance payment to be reduced quarterly until March 2025."

Document background
The Advance Performance Guarantee is a critical document in Indonesian business transactions where substantial advance payments are required to initiate project work. It serves as a risk mitigation tool for project owners who need to provide upfront funding while ensuring their interests are protected. This guarantee type is commonly used in construction, infrastructure, and large procurement contracts where significant mobilization costs are involved. The document must comply with Indonesian banking regulations, particularly OJK requirements and Bank Indonesia guidelines. It typically includes detailed provisions on the guarantee amount, validity period, reduction mechanism, and claim procedures. The guarantee amount usually matches the advance payment percentage specified in the underlying contract, often ranging from 10% to 20% of the total contract value.
Suggested Sections

1. Parties: Identifies the Guarantor (typically a bank), the Principal (contractor/supplier), and the Beneficiary (project owner/employer)

2. Background: Details of the underlying contract or agreement for which the advance payment is being made and guaranteed

3. Definitions: Defines key terms used throughout the guarantee document

4. Guarantee Amount: Specifies the maximum amount of the guarantee and the currency

5. Scope of Guarantee: Details what the guarantee covers in relation to the advance payment

6. Duration and Validity: Specifies the effective date and expiry date of the guarantee

7. Conditions for Demand: Sets out the circumstances and procedures under which the guarantee can be called

8. Payment Terms: Specifies how and when payment will be made upon a valid demand

9. Reduction Mechanism: Details how the guarantee amount reduces as the advance payment is repaid/amortized

10. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and defines jurisdiction for disputes

Optional Sections

1. Counter-Guarantee Provisions: Required when there is a counter-guarantee arrangement with another bank or financial institution

2. Assignment Restrictions: Include when transfer or assignment of guarantee rights needs to be restricted

3. Force Majeure: Include when specific force majeure provisions are required beyond standard law provisions

4. Language Requirements: Include when the guarantee needs to be bilingual or specific language requirements apply

5. Anti-Money Laundering Compliance: Include when dealing with international parties or high-value guarantees

6. Multiple Beneficiaries: Include when the guarantee is issued in favor of multiple beneficiaries

Suggested Schedules

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

2. Schedule 2 - Reduction Schedule: Detailed schedule showing how the guarantee amount reduces over time

3. Schedule 3 - Underlying Contract Details: Key details of the main contract for which the advance payment is being made

4. Schedule 4 - Authentication Procedures: Procedures for verifying authorized signatories and authenticating demands

5. Appendix A - Required Documents: List of documents required to be submitted with any demand

6. Appendix B - Communication Details: Contact details and notification procedures for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Construction

Infrastructure Development

Manufacturing

Energy

Mining

Telecommunications

Public Works

Defense Contracting

Industrial Projects

Real Estate Development

Transportation

Utilities

Relevant Teams

Legal

Finance

Procurement

Treasury

Risk Management

Commercial

Operations

Compliance

Project Management

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Finance Director

Chief Financial Officer

Legal Counsel

Procurement Manager

Treasury Manager

Risk Manager

Commercial Director

Operations Director

Bank Relationship Manager

Compliance Officer

Project Finance Manager

Construction 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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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