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    Asri Amanda
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    This document discusses surety or guaranty under Indonesian civil law. It defines surety as something given by the creditor to create confidence in the debtor fulfilling monetary obligations under an agreement. There are two main types of surety: personal guarantees that require spouse consent if assets are not separated, and corporate guarantees. Surety over immovable objects like land requires procedures like a loan agreement, power of attorney letter, deed of granting rights, and mortgage certificate that can take 5-6 months to complete at a minimum cost of 100 million rupiahs. This creates an issue if the loan is only for 3 months. To save costs, the document recommends obtaining multiple short-term powers of attorney to cover the loan period instead

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    PPT Surety (Guarantee).pdf

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    This document discusses surety or guaranty under Indonesian civil law. It defines surety as something given by the creditor to create confidence in the debtor fulfilling monetary obligations under an agreement. There are two main types of surety: personal guarantees that require spouse consent if assets are not separated, and corporate guarantees. Surety over immovable objects like land requires procedures like a loan agreement, power of attorney letter, deed of granting rights, and mortgage certificate that can take 5-6 months to complete at a minimum cost of 100 million rupiahs. This creates an issue if the loan is only for 3 months. To save costs, the document recommends obtaining multiple short-term powers of attorney to cover the loan period instead

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    10 views7 pages

    Surety (Guarantee) PDF

    Uploaded by

    Asri Amanda
    This document discusses surety or guaranty under Indonesian civil law. It defines surety as something given by the creditor to create confidence in the debtor fulfilling monetary obligations under an agreement. There are two main types of surety: personal guarantees that require spouse consent if assets are not separated, and corporate guarantees. Surety over immovable objects like land requires procedures like a loan agreement, power of attorney letter, deed of granting rights, and mortgage certificate that can take 5-6 months to complete at a minimum cost of 100 million rupiahs. This creates an issue if the loan is only for 3 months. To save costs, the document recommends obtaining multiple short-term powers of attorney to cover the loan period instead

    Copyright:

    © All Rights Reserved
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    of 7

    SURETY

    Presented by RSBP & Co


    what is means by surety search

    SURETY
    OR
    GUARANTY
    (zekerheid, cautie)

    According Article 1131 of The Civil Code (KUHPer):


    "All movable and immovable objects belonging to the debtor, both existing and future, serve
    as collateral for the debtor's individual agreements."

    In other words:
    something given by the creditor to create confidence in the debtor fulfilling obligations that
    can be valued in money arising from an agreement
    KINDS OF SURETY IN INDONESIA

    Personal Guarantee
    Personal Guarantee

    must obtain the consent of the husband or wife if it does
    not regulate the separation of assets

    Corporate Guarantee

    1. Moving Object Material Guarantee


    Pawn
    Fiducia

    2.Immovable Object
    Mortgage
    Mortgage Right
    PROCEDURES FOR SURETY
    IMMOVABLE OBJECTS

    PK SKMHT APHT SHT


    Loan Agreement Letter of Attorney Deed of Granting Mortgage Certificate

    Impose Mortgage Rights Mortgage Rights

    (1 Month) (3 Month)

    minimum estimated cost of 100 milion rupiahs


    ISSUE
    ISSUE
    SITUATION IN GENERAL

    if the loan agreement is valid while the time period for the
    only for a period of 3 months mortgage certificate is 5 to 6
    months with a minimum
    estimated cost of 100
    million rupiahs
    SOLUTION TO SAVE COST
    In General:

    Notes:
    Article 15 paragraph 2 UUHT
    power of attorney is absolute,
    cannot be withdrawn, revoked,
    and canceled can't even end for
    any reason unless the time period
    has expired.

    Recomendation:

    Therefore it means save


    SKMHT (Month I) an estimated budget of
    SKMHT (Month II)
    SKMHT (Month III)
    50 million rupiahs
    Thank You

    www.rbpnco.com

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