The Repayment Contract Agreement is a crucial legal instrument used in Indonesian business and financial transactions to formalize debt repayment arrangements between parties. This document is typically employed when there is a need to restructure existing debt, formalize informal lending arrangements, or establish clear repayment terms for outstanding obligations. It must comply with Indonesian Civil Code requirements and financial regulations, including those set by Bank Indonesia regarding interest rates and payment terms. The agreement is particularly important in providing legal certainty and enforcement mechanisms for both creditors and debtors, incorporating essential elements such as payment schedules, default provisions, and security arrangements where applicable. It serves as a key risk management tool for creditors while providing clear obligations and protections for debtors under Indonesian law.
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1. Parties: Identification and details of the creditor and debtor, including their legal status and addresses
2. Background: Context of the debt, including reference to any original loan agreement or circumstances leading to the repayment obligation
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgment of Debt: Clear statement of the total amount owed and acknowledgment of the debt by the debtor
5. Repayment Terms: Detailed terms including total amount, installment amounts, payment dates, and payment method
6. Interest: Interest rate, calculation method, and payment terms
7. Payment Method: Specified payment mechanisms and account details
8. Default and Consequences: Definition of default events and consequences, including late payment penalties
9. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
11. Notices: Process and addresses for formal communications between parties
12. Amendment and Assignment: Terms for modifying the agreement and restrictions on assignment
13. Entire Agreement: Confirmation that this document represents the complete agreement between parties
1. Security and Collateral: Details of any assets provided as security for the repayment, used when the agreement is secured
2. Guarantor Provisions: Terms relating to any guarantors of the debt, included when there are third-party guarantors
3. Early Repayment: Terms and conditions for early repayment, including any penalties or benefits
4. Insurance Requirements: Mandatory insurance requirements for secured assets or life insurance requirements
5. Force Majeure: Provisions for unforeseen circumstances affecting repayment ability
6. Debt Restructuring Provisions: Terms for potential future restructuring of the debt
7. Tax Provisions: Allocation of tax responsibilities, particularly relevant for large or commercial loans
1. Repayment Schedule: Detailed schedule showing all payment dates, amounts, and running balance
2. Collateral Details: Detailed description and documentation of any collateral provided
3. Original Loan Documentation: Copies of original loan agreement or documentation of the debt
4. Payment Instructions: Detailed banking or payment information
5. Guarantor Documents: Copies of guarantor identification and supporting documents
6. Asset Valuation Reports: For secured loans, professional valuations of collateral assets
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