Open Ended Bank Guarantee Template for Indonesia

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Key Requirements PROMPT example:

Open Ended Bank Guarantee

"I need an Open Ended Bank Guarantee document for a construction project in Jakarta, where my company needs to guarantee performance obligations worth IDR 50 billion to a government agency, with specific provisions for periodic performance assessments."

Document background
The Open Ended Bank Guarantee is a crucial financial instrument in Indonesian business transactions, particularly used in large-scale commercial contracts, government tenders, and infrastructure projects. It provides beneficiaries with robust security as it has no fixed expiry date and remains valid until specifically released. The document must comply with Indonesian banking regulations and typically includes detailed provisions for demand mechanisms, payment terms, and enforcement procedures. Banks in Indonesia issue these guarantees subject to strict regulatory requirements and their internal risk assessment procedures. The guarantee can be used to secure various obligations including tender bonds, performance bonds, advance payment guarantees, and other commercial commitments. The open-ended nature of this guarantee makes it particularly attractive for long-term projects or where the duration of the underlying obligation is uncertain.
Suggested Sections

1. Parties: Identifies the Bank (Guarantor), the Principal (party requesting the guarantee), and the Beneficiary

2. Background: Details the underlying transaction or relationship necessitating the guarantee

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

4. Guarantee Amount: Specifies the maximum amount covered by the guarantee

5. Scope of Guarantee: Defines the obligations being guaranteed and the nature of the guarantee

6. Duration and Validity: Specifies the open-ended nature and conditions for validity

7. Demand Requirements: Details the process and requirements for making a claim under the guarantee

8. Payment Terms: Specifies the payment obligations and timeframe upon valid demand

9. Bank's Rights and Obligations: Outlines the rights, obligations, and limitations of the bank's liability

10. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and relevant jurisdiction

11. Notices: Details how formal communications between parties should be made

12. Language: Specifies the prevailing language version (particularly important for international guarantees)

Optional Sections

1. Counter Indemnity: Include when the principal provides separate indemnity to the bank

2. Security Arrangements: Include when specific assets or collateral secure the guarantee

3. Foreign Law Compliance: Include for guarantees with international elements

4. Tax Provisions: Include when tax implications need specific addressing

5. Assignment Restrictions: Include when transfer/assignment needs to be specifically restricted

6. Force Majeure: Include when force majeure events need specific treatment

7. Anti-Money Laundering Compliance: Include for high-value guarantees or when required by bank policy

Suggested Schedules

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

2. Specific Guaranteed Obligations: Detailed list of obligations covered by the guarantee

3. Supporting Documents: List of required documents for guarantee activation

4. Authorized Signatories: List of persons authorized to make demands under the guarantee

5. Fee Schedule: Details of bank fees and charges related to the guarantee

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 legal definitions
Relevant Industries

Banking and Financial Services

Construction and Infrastructure

Manufacturing

International Trade

Energy and Resources

Real Estate Development

Government and Public Sector

Mining

Telecommunications

Oil and Gas

Retail and Commerce

Relevant Teams

Legal

Finance

Treasury

Risk Management

Procurement

Commercial

Compliance

Corporate Finance

Project Management

Credit

Business Development

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Contract Manager

Risk Manager

Banking Relationship Manager

Procurement Manager

Project Director

Commercial Director

Credit Risk Officer

Compliance Officer

Corporate Finance Manager

Business Development 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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