When a Company Becomes the Guarantor: Legal Aspects and Enforcement Pathways for Corporate Guarantees
In large-scale financing transactions, creditors rarely rely solely on the principal debtor’s repayment capacity. Market practice addresses this with the corporate guarantee (jaminan perusahaan), a guarantee provided by a legal entity, typically a limited liability company, to secure another party’s obligations, whether a subsidiary, affiliate, or third-party business partner. Unlike security over property such as a mortgage right or fiduciary security, a corporate guarantee is personal rather than proprietary in nature: the creditor obtains a promise from a legal entity to assume responsibility for another’s debt, not rights over a specific asset. Because the guarantor is a legal entity rather than an individual, granting the guarantee is also subject to the company’s internal approval mechanisms…









