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Guarantee Fee Agreement for Indonesia

Guarantee Fee Agreement Template for Indonesia

This document governs the fee arrangement between parties involved in a guarantee structure under Indonesian law. It sets out the terms and conditions for the payment of fees in consideration for providing a guarantee, including calculation methods, payment schedules, and related obligations. The agreement complies with Indonesian Civil Code requirements and relevant banking regulations, particularly OJK regulations governing guarantee arrangements. It includes provisions for default, remedies, and dispute resolution specific to the Indonesian jurisdiction, while addressing both domestic and international guarantee arrangements where applicable.

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What is a Guarantee Fee Agreement?

The Guarantee Fee Agreement is essential in Indonesian banking and commercial transactions where one party provides a guarantee in favor of another party and requires compensation for this service. This document is commonly used in project finance, international trade, and corporate lending scenarios where bank guarantees or corporate guarantees are required. The agreement must comply with Indonesian Civil Code (KUH Perdata) provisions and relevant OJK (Financial Services Authority) regulations. It typically includes detailed fee calculations, payment terms, default provisions, and specific requirements for both domestic and cross-border guarantee arrangements. The document is particularly important in ensuring transparency in guarantee fee structures and providing legal certainty for all parties involved in the guarantee arrangement.

What sections should be included in a Guarantee Fee Agreement?

1. Parties: Identification of the guarantor, beneficiary, and principal debtor

2. Background: Context of the guarantee arrangement and purpose of the fee agreement

3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation

4. Guarantee Fee: Details of the fee amount, calculation method, and basis of charging

5. Payment Terms: Timing, method, and currency of fee payments

6. Duration of Agreement: Term of the agreement and conditions for extension or termination

7. Rights and Obligations: Key responsibilities and rights of each party

8. Default and Remedies: Events of default and available remedies

9. Representations and Warranties: Standard declarations by the parties

10. Confidentiality: Protection of confidential information

11. Notices: Method and addresses for formal communications

12. Governing Law and Jurisdiction: Application of Indonesian law and dispute resolution

13. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability

What sections are optional to include in a Guarantee Fee Agreement?

1. Multiple Guarantors: Additional provisions when there are multiple guarantors, including joint and several liability

2. Currency Provisions: Required for cross-border transactions or when fees are paid in foreign currency

3. Tax Provisions: Detailed tax treatment and withholding requirements, if applicable

4. Security: If additional security is required for fee payment obligations

5. Force Majeure: Provisions for unforeseen circumstances affecting fee payment obligations

6. Electronic Execution: Provisions for electronic signing if relevant under Indonesian law

What schedules should be included in a Guarantee Fee Agreement?

1. Fee Calculation Schedule: Detailed methodology for calculating the guarantee fee

2. Payment Schedule: Timeline of payment dates and amounts

3. Form of Guarantee: Copy or details of the underlying guarantee

4. Bank Account Details: Payment account information for all parties

5. Notice Details: Comprehensive contact information for all parties

6. Form of Payment Notice: Template for fee payment notifications

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

Fee Agreement

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Banking & Financial Services

Construction & Infrastructure

International Trade

Manufacturing

Real Estate

Energy & Resources

Telecommunications

Shipping & Maritime

Agriculture & Commodities

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Credit

Project Finance

Trade Finance

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Risk Manager

Compliance Officer

Corporate Secretary

Banking Relationship Manager

Credit Risk Officer

Finance Manager

Contract Administrator

Project Finance 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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