Performance Bank Guarantee Template for Indonesia

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Key Requirements PROMPT example:

Performance Bank Guarantee

"I need a Performance Bank Guarantee for an infrastructure project in Jakarta worth USD 5 million, with the guarantee amount being 10% of the project value and validity until March 2025, including specific provisions for staged release based on construction milestones."

Document background
The Performance Bank Guarantee is a crucial document in Indonesian business transactions, particularly in construction, infrastructure, and large-scale projects. It serves as a risk mitigation tool where a bank provides financial security to a project owner against potential non-performance by a contractor or supplier. Under Indonesian law, these guarantees are regulated by Bank Indonesia and the Financial Services Authority (OJK), requiring specific formatting, content, and execution procedures. The document becomes necessary when a contract requires performance security, typically ranging from 5% to 10% of the contract value. The Performance Bank Guarantee includes detailed information about all parties involved, the underlying contract, guarantee amount, validity period, and claim conditions. It's particularly important in government contracts and large commercial projects where substantial financial interests need protection.
Suggested Sections

1. Bank Details and Reference Number: Full details of the issuing bank and unique guarantee reference number

2. Date: Date of issuance of the guarantee

3. Beneficiary Details: Full name and address of the party receiving the guarantee

4. Principal Details: Full name and address of the party for whom the guarantee is being issued

5. Underlying Contract Reference: Details of the main contract or agreement for which this performance guarantee is being provided

6. Guarantee Amount: The maximum amount for which the bank guarantee is issued, in both numbers and words

7. Guarantee Scope: Clear description of what the guarantee covers in terms of the principal's obligations

8. Conditions for Claim: Specific conditions and process under which the beneficiary can make a claim under the guarantee

9. Expiry Date: Clear statement of when the guarantee expires or terminates

10. Governing Law and Jurisdiction: Specification that Indonesian law governs and the relevant jurisdiction for disputes

11. Bank's Undertaking: The formal commitment by the bank to pay upon valid demand

12. Authorized Signatures: Space for bank officials' signatures and bank seal

Optional Sections

1. Claim Period: Additional section specifying the period within which claims must be made after expiry, if different from standard terms

2. Reduction Clause: Section specifying if and how the guarantee amount can be reduced over time, used for long-term projects

3. Assignment Restrictions: Section specifically prohibiting or allowing assignment of the guarantee, if needed

4. Language Declaration: Required when the guarantee is issued in multiple languages, specifying which version prevails

5. Counter-Guarantee Reference: Required when issued under a counter-guarantee structure, referencing the counter-guarantee details

6. Special Conditions: Any project-specific conditions or requirements that affect the guarantee's operation

Suggested Schedules

1. Specimen Claim Format: Standard format for submitting claims under the guarantee

2. Copy of Underlying Contract: Relevant pages or sections of the main contract referring to the performance guarantee requirement

3. Authorization Evidence: Evidence of the authority of bank signatories (sometimes required by beneficiaries)

4. Performance Milestones: If the guarantee amount reduces based on performance milestones, a schedule detailing these

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

Construction

Infrastructure Development

Manufacturing

Energy and Resources

Telecommunications

Government and Public Works

Real Estate Development

Mining

Oil and Gas

Transportation

Industrial Projects

Utilities

Relevant Teams

Legal

Finance

Treasury

Procurement

Project Management

Risk Management

Commercial

Operations

Compliance

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Chief Financial Officer

Treasury Manager

Legal Counsel

Procurement Manager

Risk Manager

Commercial Director

Project Director

Finance Director

Bank Relationship Manager

Compliance Officer

Construction Manager

Operations Director

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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