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Terms Of Business Agreement (Insurance) Template for Indonesia

This document establishes the terms and conditions governing the business relationship between insurance-related entities operating in Indonesia. It complies with Indonesian insurance regulations, particularly Law No. 40 of 2014 on Insurance and OJK regulations, while setting out the framework for insurance business operations, commission structures, regulatory compliance requirements, and operational procedures. The agreement addresses key aspects such as premium handling, claims processing, and professional obligations while incorporating specific Indonesian legal requirements and local market practices.

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What is a Terms Of Business Agreement (Insurance)?

The Terms Of Business Agreement (Insurance) serves as a fundamental document governing the commercial relationship between insurance businesses operating in Indonesia. This agreement is essential when establishing formal business partnerships between insurers, brokers, agents, or other insurance intermediaries in the Indonesian market. It outlines crucial elements such as regulatory compliance requirements under Indonesian law, commission structures, service levels, and operational procedures. The document ensures alignment with key regulations including Law No. 40 of 2014 on Insurance and various OJK directives, while providing a clear framework for ongoing business operations, risk management, and dispute resolution. It's particularly important in the Indonesian context where specific regulatory requirements govern insurance business relationships and consumer protection.

What sections should be included in a Terms Of Business Agreement (Insurance)?

1. Parties: Identification of the contracting parties - the insurance company and the business partner (e.g., broker, agent, or corporate client)

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including insurance-specific terminology and regulatory references

4. Scope of Authority: Detailed outline of the services to be provided and the extent of authority granted

5. Regulatory Compliance: Obligations to comply with Indonesian insurance regulations, OJK requirements, and other applicable laws

6. Duties and Responsibilities: Specific obligations of each party in the business relationship

7. Commission and Payment Terms: Structure and timing of commission payments, fees, and other financial arrangements

8. Premium Handling: Procedures for collecting, holding, and remitting insurance premiums

9. Claims Handling: Procedures and responsibilities related to insurance claims processing

10. Confidentiality: Protection and handling of confidential information and data privacy requirements

11. Professional Indemnity: Requirements for professional indemnity insurance and liability provisions

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

13. Dispute Resolution: Procedures for handling disputes under Indonesian law

14. General Provisions: Standard contractual clauses including notices, amendments, and governing law

What sections are optional to include in a Terms Of Business Agreement (Insurance)?

1. Electronic Trading: Include when parties engage in online insurance transactions or digital platforms

2. Risk Transfer Provisions: Include for arrangements involving risk sharing or transfer between parties

3. Territorial Limits: Include when business activities extend beyond Indonesia

4. Marketing and Branding: Include when the agreement involves co-branding or marketing arrangements

5. Compliance with Shariah Principles: Include for Islamic insurance (Takaful) arrangements

6. Group Company Provisions: Include when either party's group companies are involved in the arrangement

7. Anti-Money Laundering: Include for high-value insurance products or when dealing with corporate clients

8. Business Continuity: Include for critical business partnerships requiring disaster recovery plans

What schedules should be included in a Terms Of Business Agreement (Insurance)?

1. Schedule 1 - Products and Services: Detailed list of insurance products and services covered by the agreement

2. Schedule 2 - Commission Rates: Detailed breakdown of commission structures and rates for different products

3. Schedule 3 - Service Levels: Performance standards and service level requirements

4. Schedule 4 - Operating Procedures: Detailed procedures for day-to-day operations and transactions

5. Schedule 5 - Authorized Personnel: List of key personnel authorized to act under the agreement

6. Appendix A - Required Documents: List of regulatory and compliance documents required from each party

7. Appendix B - Reporting Templates: Standard formats for required business and regulatory reporting

8. Appendix C - Technology Requirements: Technical specifications for any required system integrations or digital platforms

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

Cost

Free to use

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