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Loan Agreement With Guarantor for Indonesia

Loan Agreement With Guarantor Template for Indonesia

This document is a comprehensive loan agreement governed by Indonesian law that establishes a lending arrangement between a lender and borrower, secured by a guarantee from a third party (guarantor). The agreement incorporates key provisions required under Indonesian civil law and banking regulations, including detailed terms for the loan disbursement, repayment obligations, interest calculations, and the scope of the guarantor's obligations. It ensures compliance with Indonesian Banking Law (Law No. 10 of 1998) and relevant Financial Services Authority (OJK) regulations while providing robust protection for all parties involved.

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Loan Agreement With Guarantor

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What is a Loan Agreement With Guarantor?

The Loan Agreement With Guarantor is a critical financial instrument used in Indonesian business and personal financing arrangements where additional security is required beyond the borrower's commitments. This document is particularly valuable when a lender requires extra assurance for loan repayment, typically in scenarios involving substantial loan amounts, borrowers with limited credit history, or high-risk ventures. The agreement must comply with Indonesian civil law principles, banking regulations, and Financial Services Authority (OJK) requirements. It comprehensively details the loan terms, repayment schedule, interest calculations, events of default, and crucially, the guarantor's obligations and liability extent. The document is structured to protect all parties' interests while ensuring enforceability under Indonesian law, incorporating necessary provisions for witness attestation and potential notarization.

What sections should be included in a Loan Agreement With Guarantor?

1. Parties: Identifies and provides full details of the Lender, Borrower, and Guarantor, including their legal names, registration numbers, and addresses

2. Background: Sets out the context of the loan agreement, including the Borrower's request for funding and the Guarantor's willingness to guarantee the obligations

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation

4. The Loan: Details the principal amount, purpose, and conditions precedent for the loan disbursement

5. Interest and Fees: Specifies the interest rate, calculation method, payment dates, and any applicable fees

6. Repayment Terms: Sets out the repayment schedule, payment methods, and prepayment provisions

7. Guarantee: Details the Guarantor's obligations, extent of guarantee, and enforcement mechanisms

8. Representations and Warranties: Contains statements of fact and assurances from both the Borrower and Guarantor

9. Covenants: Lists ongoing obligations of the Borrower and Guarantor throughout the loan term

10. Events of Default: Defines circumstances constituting default and their consequences

11. Security: Details any security arrangements supporting the loan

12. Payments and Calculations: Specifies payment mechanics, currency, and calculation conventions

13. Changes to Parties: Addresses assignment and transfer rights of the parties

14. Notices: Sets out how formal communications between parties should be made

15. General Provisions: Contains boilerplate clauses including governing law, jurisdiction, and amendments

What sections are optional to include in a Loan Agreement With Guarantor?

1. Currency Protection: Include when loan is in foreign currency to address exchange rate risks and conversion provisions

2. Islamic Finance Provisions: Include when the loan needs to comply with Sharia principles

3. Tax Gross-Up: Include when tax implications need specific attention, particularly for cross-border loans

4. Multiple Guarantors: Include when there is more than one guarantor to address joint and several liability

5. Insurance: Include when specific insurance requirements are imposed on the Borrower

6. Additional Security Rights: Include when additional forms of security beyond the guarantee are required

7. Bank Account Provisions: Include when specific account arrangements or controls are required

What schedules should be included in a Loan Agreement With Guarantor?

1. Loan Terms Schedule: Detailed breakdown of loan amount, interest rates, fees, and payment dates

2. Conditions Precedent: List of documents and conditions required before loan disbursement

3. Repayment Schedule: Detailed amortization table showing payment dates and amounts

4. Form of Drawdown Notice: Template for the Borrower to request loan disbursement

5. Security Documents: List and copies of all security documents

6. Specimen Signatures: Authorized signatures of all parties

7. Required Insurance: Details of insurance policies required to be maintained

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

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions










Clauses









































Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Agriculture

Retail

Technology

Infrastructure

Small and Medium Enterprises

Education

Healthcare

Relevant Teams

Legal

Finance

Risk Management

Compliance

Credit Administration

Corporate Banking

Retail Banking

Treasury

Operations

Documentation

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Credit Manager

Loan Officer

Account Manager

Compliance Officer

Treasury Manager

Financial Controller

Corporate Secretary

Business Development Manager

Relationship 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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