Performance And Financial Bank Guarantee Template for Indonesia

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Key Requirements PROMPT example:

Performance And Financial Bank Guarantee

"I need a Performance and Financial Bank Guarantee for a large-scale construction project in Jakarta, where my company is the principal contractor, with a guarantee value of USD 5 million, effective from March 2025 for 18 months, with specific provisions for partial claims."

Document background
The Performance and Financial Bank Guarantee is a crucial financial instrument in Indonesian business transactions, particularly in sectors requiring substantial performance commitments and financial security. This document is typically used when a party needs to provide both performance assurance and financial backing for large-scale projects or significant commercial contracts. The guarantee, governed by Indonesian law and regulated by the Financial Services Authority (OJK) and Bank Indonesia, combines performance security with financial protection, making it particularly valuable for infrastructure projects, government contracts, and major commercial transactions. It incorporates specific requirements from Indonesian banking regulations while ensuring alignment with international banking standards where applicable within the Indonesian jurisdiction.
Suggested Sections

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

2. Background: Context of the underlying transaction or obligation requiring the bank guarantee

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

4. Guarantee Amount: Specification of the maximum guaranteed sum and currency

5. Scope of Guarantee: Detailed description of the obligations covered by the guarantee

6. Duration and Validity: Term of the guarantee, including effective date and expiry conditions

7. Demand Requirements: Procedures and conditions for making a claim under the guarantee

8. Payment Terms: Timeline and process for payment upon valid demand

9. Bank's Rights and Obligations: Detailed outline of the guarantor bank's responsibilities and rights

10. Representations and Warranties: Standard declarations about the capacity and authority to enter into the guarantee

11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and relevant jurisdiction

12. Notices: Communication procedures and contact details for all parties

13. Amendment and Assignment: Conditions under which the guarantee can be modified or transferred

Optional Sections

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

2. Foreign Currency Provisions: Needed when the guarantee involves foreign currency and exchange rate considerations

3. Step-in Rights: Optional provisions allowing the bank to take over certain obligations in specific circumstances

4. Multiple Beneficiaries: Required when the guarantee is issued in favor of multiple beneficiaries

5. Partial Claims: Provisions for when partial claims against the guarantee are permitted

6. Force Majeure: Specific provisions for force majeure events affecting the guarantee

7. Electronic Presentation: Provisions for electronic submission of documents and claims

Suggested Schedules

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

2. Schedule 2 - Supporting Documents: List and samples of required supporting documents for claims

3. Schedule 3 - Fee Schedule: Details of bank charges, fees, and commission

4. Schedule 4 - Authorized Signatories: List of authorized signatories for each party

5. Appendix A - Underlying Contract Reference: Summary or extract of the underlying contract being guaranteed

6. Appendix B - Special Conditions: Any special conditions or requirements specific to this 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
Clauses
Relevant Industries

Banking and Financial Services

Construction and Infrastructure

Energy and Resources

Manufacturing

Government and Public Sector

Real Estate Development

Transportation and Logistics

Telecommunications

Mining

Oil and Gas

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Procurement

Commercial

Operations

Project Management

Corporate Finance

Business Development

Contract Administration

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Contract Manager

Project Director

Treasury Manager

Risk Manager

Compliance Officer

Banking Relationship Manager

Procurement Manager

Commercial Director

Business Development Manager

Corporate Finance Manager

Company Secretary

Operations Director

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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