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Securities Account Control Agreement Template for Indonesia

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Key Requirements PROMPT example:

Securities Account Control Agreement

"I need a Securities Account Control Agreement governed by Indonesian law for a secured lending arrangement where Bank Mandiri will act as secured party over PT Indo Trading's securities account held with HSBC Indonesia, to be effective from March 1, 2025."

Document background
The Securities Account Control Agreement is a critical document used in Indonesian financial markets to establish and maintain control rights over securities accounts in secured financing arrangements. This agreement becomes necessary when a party needs to grant security over securities accounts while maintaining certain operational capabilities. The document, governed by Indonesian law and regulated by the OJK, creates a framework for the securities intermediary to follow the secured party's instructions regarding the account while protecting the rights of all parties involved. It is particularly important in the context of secured lending, structured finance transactions, and complex financial arrangements where securities accounts serve as collateral. The agreement must comply with various Indonesian regulations, including the Capital Markets Law and OJK regulations, while also considering international best practices for securities account control arrangements.
Suggested Sections

1. Parties: Identifies and provides details of the Account Holder, Secured Party, and Securities Intermediary

2. Background: Sets out the context of the agreement, including reference to any related security agreements and the purpose of the control arrangement

3. Definitions and Interpretation: Defines key terms used in the agreement and establishes interpretation principles

4. Account Control and Security: Establishes the secured party's control rights over the securities account and confirms the security interest

5. Securities Intermediary's Rights and Obligations: Details the duties, responsibilities, and rights of the securities intermediary in maintaining and operating the account

6. Account Holder's Rights and Restrictions: Specifies what rights the account holder retains and what actions require secured party consent

7. Instructions and Notifications: Procedures for giving instructions regarding the account and requirements for notifications between parties

8. Representations and Warranties: Standard representations and warranties from each party

9. Priority and Subordination: Establishes priority rights of the secured party and addresses any subordination arrangements

10. Fees and Expenses: Details of fees payable to the securities intermediary and allocation of expenses

11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

12. Miscellaneous: Standard boilerplate provisions including governing law, jurisdiction, amendments, and notices

Optional Sections

1. Foreign Exchange Provisions: Required when the securities account involves multiple currencies or cross-border transactions

2. Tax Provisions: Included when specific tax considerations need to be addressed, particularly for international arrangements

3. Electronic Communications: Detailed provisions for electronic instruction and communication methods when parties agree to use electronic systems

4. Multiple Secured Parties: Required when there are multiple secured parties to establish their respective rights and priorities

5. Force Majeure: Detailed force majeure provisions when required by parties or jurisdiction

6. Regulatory Compliance: Specific provisions addressing compliance with Indonesian regulatory requirements when dealing with regulated entities

7. Direct Rights: Provisions granting direct rights to beneficial owners when securities are held through nominees

Suggested Schedules

1. Account Details: Specific details of the securities account(s) covered by the agreement

2. Authorized Persons: List of persons authorized to give instructions on behalf of each party

3. Form of Instructions: Standard forms for various types of instructions to be given under the agreement

4. Fee Schedule: Detailed breakdown of fees and charges

5. Notice Details: Contact information and notice requirements for all parties

6. Operating Procedures: Detailed procedures for account operations, including cut-off times and special instructions

7. Form of Account Statements: Template and requirements for periodic account statements

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 | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Banking and Financial Services

Investment Management

Securities Trading

Asset Management

Private Equity

Corporate Finance

Insurance

Pension Funds

Capital Markets

Financial Technology

Relevant Teams

Legal

Compliance

Risk Management

Securities Operations

Treasury

Investment Management

Custody Operations

Corporate Finance

Regulatory Affairs

Credit Risk

Transaction Banking

Portfolio Management

Trading Operations

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Securities Operations Manager

Relationship Manager

Credit Risk Officer

Treasury Manager

Investment Manager

Custodian Relations Manager

Securities Trading Manager

Financial Controller

Corporate Finance Director

Chief Financial Officer

Head of Securities Services

Regulatory Compliance Manager

Portfolio Manager

Transaction Banking Manager

Industries








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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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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