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Auto Finance Contract Template for Indonesia

This is a comprehensive financing agreement governed by Indonesian law, specifically designed for vehicle purchases. The contract establishes the terms and conditions for vehicle financing arrangements between a financial institution and a customer, incorporating requirements from the Indonesian Financial Services Authority (OJK) and relevant Indonesian civil law. It details the financing terms, payment obligations, security arrangements through fiduciary transfer, insurance requirements, and the rights and obligations of all parties involved. The document includes specific provisions for consumer protection as required by Indonesian regulations and addresses vehicle ownership and registration requirements under local transportation laws.

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What is a Auto Finance Contract?

The Auto Finance Contract is a essential legal document used in Indonesia when a customer seeks financing for a vehicle purchase from a financial institution. It is designed to comply with Indonesian Financial Services Authority (OJK) regulations, particularly Regulation No. 35/POJK.05/2018 and the Indonesian Civil Code. The contract is typically used when a customer cannot or chooses not to make a full cash payment for a vehicle purchase. It includes critical elements such as financing terms, payment schedules, security arrangements through fiduciary transfer, insurance requirements, and default provisions. The document must incorporate consumer protection elements as required by Law No. 8 of 1999 and specific OJK regulations on consumer financial services. It serves as both a financing agreement and a security document, establishing the legal framework for the financing relationship while protecting the interests of all parties involved.

What sections should be included in a Auto Finance Contract?

1. Parties: Identification of the finance company and the customer/borrower, including complete legal names, addresses, and identification numbers

2. Background: Brief context of the transaction, including the customer's intention to purchase the vehicle and seek financing

3. Definitions: Key terms used throughout the agreement, including financial terms, technical terms, and regulatory references

4. Vehicle Details: Comprehensive description of the financed vehicle, including make, model, year, chassis number, and engine number

5. Financing Terms: Core financial terms including principal amount, interest rate, term length, and total amount payable

6. Payment Terms: Details of payment schedule, installment amounts, payment methods, and due dates

7. Security and Fiduciary Transfer: Provisions regarding the fiduciary security over the vehicle and registration requirements under Indonesian law

8. Insurance Requirements: Mandatory insurance coverage requirements and terms

9. Rights and Obligations: Detailed responsibilities of both parties during the financing term

10. Default and Remedies: Events of default, consequences, and remedies including repossession rights

11. Representations and Warranties: Standard declarations by the borrower regarding their capacity and the accuracy of provided information

12. Governing Law and Dispute Resolution: Choice of Indonesian law and agreed dispute resolution mechanisms

13. Notices: Methods and addresses for official communications between parties

14. Termination: Conditions and procedures for early termination or prepayment

What sections are optional to include in a Auto Finance Contract?

1. Co-Signer Provisions: Additional terms when a guarantor or co-signer is involved in the financing

2. Electronic Communications Consent: Optional section for customers agreeing to receive notices and statements electronically

3. Additional Services: Terms for any optional services like extended warranty or maintenance packages

4. Refinancing Options: Terms and conditions for potential refinancing of the loan

5. Cross-Default Provisions: Added when the customer has multiple financing agreements with the same company

What schedules should be included in a Auto Finance Contract?

1. Payment Schedule: Detailed amortization table showing all installment amounts, due dates, and principal/interest breakdowns

2. Vehicle Specification Sheet: Complete technical specifications and condition report of the vehicle

3. Insurance Requirements Schedule: Detailed insurance coverage requirements and approved insurers

4. Fees and Charges Schedule: Comprehensive list of all applicable fees, charges, and penalties

5. Required Documents Checklist: List of all documents required from the customer for the financing

6. Direct Debit Authorization Form: Form for setting up automatic payments from customer's bank account

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Document Type

Financing Agreement

Cost

Free to use

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