The Personal Guarantor Agreement Form is a crucial legal instrument in Indonesian financial and business transactions, based on the Indonesian Civil Code (KUHPerdata) and regulated by the Financial Services Authority (OJK). This document is typically used when a creditor requires additional security for a loan or financial obligation, where an individual agrees to guarantee the debt of another party. The agreement outlines the guarantor's obligations, the extent of the guarantee, enforcement procedures, and the circumstances under which the guarantee can be called upon. It's particularly important in business lending, property transactions, and corporate finance where personal guarantees are required as additional security. The document must comply with Indonesian banking regulations, consumer protection laws, and financial services requirements, making it essential for both institutional lenders and private business arrangements.
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1. Parties: Identification of the Guarantor, Principal Debtor, and Creditor with complete legal names and addresses
2. Background: Context of the guarantee, including details of the primary debt obligation being guaranteed
3. Definitions: Definitions of key terms used throughout the agreement
4. Guarantee: Core terms of the guarantee, including the scope and extent of the guaranteed obligations
5. Guarantor's Representations and Warranties: Statements confirming the guarantor's capacity, authority, and financial ability to provide the guarantee
6. Nature of Guarantee: Specification that this is a continuing guarantee and details of its binding nature
7. Payment Obligations: Terms regarding how and when the guarantor must fulfill payment obligations
8. Indemnity: Guarantor's obligation to indemnify the creditor against losses
9. Preservation of Rights: Creditor's rights preservation and ability to enforce the guarantee
10. Communications: Protocol for notices and communications between parties
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Security: Include when the guarantee is supported by specific assets or security arrangements
2. Joint and Several Liability: Include when there are multiple guarantors
3. Currency Provisions: Include when the guaranteed obligation involves foreign currency
4. Tax Provisions: Include when tax implications need to be specifically addressed
5. Assignment: Include when rights under the guarantee may need to be assigned
6. Confidentiality: Include when sensitive financial or business information is involved
7. Force Majeure: Include when specific force majeure provisions are required
8. Language Requirements: Include when the agreement needs to be in dual language (Indonesian and English)
1. Schedule 1 - Primary Obligation Details: Detailed description of the primary debt or obligation being guaranteed
2. Schedule 2 - Guarantor's Assets Declaration: List of guarantor's relevant assets and financial status
3. Schedule 3 - Guarantee Limit and Conditions: Specific financial limits and conditions of the guarantee
4. Schedule 4 - Form of Demand: Template for making a demand under the guarantee
5. Appendix A - Required Documents: List of supporting documents required from the guarantor
6. Appendix B - Payment Instructions: Detailed payment procedures and bank account information
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