The Guarantee Fee Agreement is essential in Indonesian banking and commercial transactions where one party provides a guarantee in favor of another party and requires compensation for this service. This document is commonly used in project finance, international trade, and corporate lending scenarios where bank guarantees or corporate guarantees are required. The agreement must comply with Indonesian Civil Code (KUH Perdata) provisions and relevant OJK (Financial Services Authority) regulations. It typically includes detailed fee calculations, payment terms, default provisions, and specific requirements for both domestic and cross-border guarantee arrangements. The document is particularly important in ensuring transparency in guarantee fee structures and providing legal certainty for all parties involved in the guarantee arrangement.
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1. Parties: Identification of the guarantor, beneficiary, and principal debtor
2. Background: Context of the guarantee arrangement and purpose of the fee agreement
3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation
4. Guarantee Fee: Details of the fee amount, calculation method, and basis of charging
5. Payment Terms: Timing, method, and currency of fee payments
6. Duration of Agreement: Term of the agreement and conditions for extension or termination
7. Rights and Obligations: Key responsibilities and rights of each party
8. Default and Remedies: Events of default and available remedies
9. Representations and Warranties: Standard declarations by the parties
10. Confidentiality: Protection of confidential information
11. Notices: Method and addresses for formal communications
12. Governing Law and Jurisdiction: Application of Indonesian law and dispute resolution
13. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Multiple Guarantors: Additional provisions when there are multiple guarantors, including joint and several liability
2. Currency Provisions: Required for cross-border transactions or when fees are paid in foreign currency
3. Tax Provisions: Detailed tax treatment and withholding requirements, if applicable
4. Security: If additional security is required for fee payment obligations
5. Force Majeure: Provisions for unforeseen circumstances affecting fee payment obligations
6. Electronic Execution: Provisions for electronic signing if relevant under Indonesian law
1. Fee Calculation Schedule: Detailed methodology for calculating the guarantee fee
2. Payment Schedule: Timeline of payment dates and amounts
3. Form of Guarantee: Copy or details of the underlying guarantee
4. Bank Account Details: Payment account information for all parties
5. Notice Details: Comprehensive contact information for all parties
6. Form of Payment Notice: Template for fee payment notifications
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