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Bank To Bank Guarantee for Indonesia

Bank To Bank Guarantee Template for Indonesia

A Bank to Bank Guarantee under Indonesian law is a formal agreement between two banking institutions where one bank guarantees specific obligations to another bank. This document, governed by Indonesian banking regulations and supervised by both Bank Indonesia and the Financial Services Authority (OJK), establishes the terms, conditions, and procedures for the guarantee arrangement. It incorporates specific requirements under Indonesian banking law, including compliance with Bank Indonesia Regulation No. 7/3/PBI/2005 and relevant OJK regulations, while detailing the mechanism for claims, payment obligations, and dispute resolution procedures.

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What is a Bank To Bank Guarantee?

The Bank to Bank Guarantee is a crucial document in Indonesian banking operations, typically used when one bank needs to provide financial assurance to another bank regarding specific obligations or transactions. This document becomes necessary in various scenarios, including international trade finance, large-scale project funding, or when supporting significant commercial transactions. The guarantee must comply with Indonesian banking regulations, particularly those issued by Bank Indonesia and the Financial Services Authority (OJK), including specific capitalization requirements and prudential banking principles. The document details the guarantee amount, validity period, claiming procedures, and payment terms, while ensuring compliance with Indonesian banking laws and regulations. It serves as a risk mitigation tool while facilitating inter-bank transactions and supporting broader commercial activities.

What sections should be included in a Bank To Bank Guarantee?

1. Parties: Identification of the issuing bank and receiving bank, including their full legal names, registration numbers, and authorized representatives

2. Background: Context of the guarantee, including reference to the underlying transaction or relationship necessitating the guarantee

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

4. Scope of Guarantee: Clear description of the obligations being guaranteed, including the maximum guarantee amount

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

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

7. Payment Terms: Timeline and method for payment upon valid demand

8. Bank's Rights and Obligations: Detailed responsibilities and rights of both the issuing and receiving banks

9. Representations and Warranties: Standard banking representations and regulatory compliance statements

10. Fees and Charges: Details of all applicable fees, charges, and commission

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

12. Notices: Communication procedures and contact details for both banks

13. Execution: Signature blocks and execution requirements

What sections are optional to include in a Bank To Bank Guarantee?

1. Counter-Guarantee Provisions: Required when there is a counter-guarantee arrangement with a third bank

2. Currency Provisions: Required for cross-border guarantees involving multiple currencies

3. Anti-Money Laundering Compliance: Additional compliance requirements for high-risk or international transactions

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

5. Assignment and Transfer: Required when transfer of rights under the guarantee may be permitted

6. Electronic Processing: Required when electronic claim processing or SWIFT messaging is used

7. Syndication Provisions: Required when multiple banks are involved in issuing the guarantee

What schedules should be included in a Bank To Bank Guarantee?

1. Schedule 1 - Form of Demand: Standard template for making a claim under the guarantee

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and commission

3. Schedule 3 - Authorized Signatories: List of authorized signatories for both banks with specimen signatures

4. Schedule 4 - Processing Requirements: Technical requirements for processing claims and communications

5. Appendix A - Supporting Documents: List of required supporting documents for claims

6. Appendix B - Compliance Checklist: Regulatory compliance requirements and documentation

7. Appendix C - Communication Protocols: SWIFT codes, contact details, and communication procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions








































Clauses



































Relevant Industries

Banking and Financial Services

International Trade

Corporate Banking

Investment Banking

Trade Finance

Financial Technology

Commercial Banking

Project Finance

Infrastructure Development

Import/Export

Relevant Teams

Legal

Compliance

Risk Management

Trade Finance

Corporate Banking

Treasury

International Banking

Operations

Documentary Credits

Regulatory Affairs

Relevant Roles

Head of Legal

Banking Operations Manager

Trade Finance Manager

Compliance Officer

Risk Management Director

Corporate Banking Director

Legal Counsel

Treasury Manager

Financial Controller

Banking Relations Manager

Documentary Credits Manager

Regulatory Compliance Manager

Senior Bank Officer

Chief Risk Officer

International Banking 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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