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Business Finance Agreement for Indonesia

Business Finance Agreement Template for Indonesia

A comprehensive financing agreement governed by Indonesian law that establishes the terms and conditions for business funding arrangements between a financial institution and a corporate borrower. The document incorporates requirements under Indonesian financial regulations, including OJK (Financial Services Authority) requirements and Bank Indonesia regulations. It details the facility amount, interest rates, repayment terms, security arrangements, and covenants while ensuring compliance with Indonesian civil code and banking laws. The agreement includes provisions for dual-language requirements and specific local law considerations such as fiduciary security registrations and notarial requirements.

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What is a Business Finance Agreement?

The Business Finance Agreement serves as the primary documentation for corporate financing arrangements in Indonesia, establishing the legal relationship between financial institutions and business borrowers. This document is essential when companies seek funding for business expansion, working capital, asset acquisition, or project financing. It must comply with Indonesian banking regulations, OJK requirements, and civil code provisions, including mandatory use of Bahasa Indonesia alongside any other language version. The agreement typically includes detailed terms about facility limits, drawdown mechanisms, security arrangements, financial covenants, and reporting requirements. It's particularly crucial in Indonesia's evolving business environment where proper documentation and regulatory compliance are essential for enforceable financing arrangements.

What sections should be included in a Business Finance Agreement?

1. Parties: Identification of the finance provider and recipient, including registration details as required under Indonesian law

2. Background: Context of the financing arrangement and brief description of the purpose

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including Indonesian language requirements

4. Facility Details: Amount, purpose, and type of financing facility being provided

5. Conditions Precedent: Prerequisites that must be satisfied before the facility becomes available

6. Drawdown Provisions: Procedures and requirements for accessing the facility

7. Interest and Fees: Interest calculation, payment terms, and applicable fees

8. Repayment Terms: Schedule and methods of repayment, including early repayment provisions

9. Security Arrangements: Details of collateral and security provided, complying with Indonesian security laws

10. Representations and Warranties: Standard and specific assertions about the borrower's status and capacity

11. Covenants: Positive and negative obligations of the borrower during the facility period

12. Events of Default: Circumstances constituting default and consequences

13. Indemnities: Protection and compensation obligations

14. Changes to Parties: Assignment and transfer provisions

15. Notices: Communication requirements and contact details

16. Governing Law and Jurisdiction: Confirmation of Indonesian law governance and dispute resolution provisions

17. Language: Dual language requirements and prevailing version as per Indonesian law

What sections are optional to include in a Business Finance Agreement?

1. Syndication Provisions: Required for syndicated facilities involving multiple lenders

2. Islamic Finance Provisions: Required for Sharia-compliant financing structures

3. Currency Provisions: Required for multi-currency facilities or foreign currency loans

4. Tax Provisions: Detailed tax arrangements when complex tax structures are involved

5. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required

6. Step-In Rights: Required when lender may need to take control of financed assets or projects

7. Subordination Provisions: Required when there are multiple creditors with different priorities

8. Environmental Compliance: Required for projects with environmental impact considerations

What schedules should be included in a Business Finance Agreement?

1. Facility Summary: Detailed terms of the facility including amounts, interest rates, and fees

2. Conditions Precedent Documents: List of required documents and conditions to be satisfied

3. Drawdown Request Form: Standard form for requesting disbursements

4. Repayment Schedule: Detailed amortization schedule if applicable

5. Security Documents: Forms of security documents and fiduciary transfers

6. Financial Covenants: Detailed financial ratios and calculations

7. Permitted Investments: List of approved investment activities for borrowed funds

8. Form of Compliance Certificate: Template for periodic compliance reporting

9. Contact Details: Detailed contact information for all parties

10. Required Insurance: Specifications of required insurance coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions













































Clauses




































Relevant Industries

Banking and Financial Services

Manufacturing

Real Estate and Property Development

Infrastructure and Construction

Mining and Natural Resources

Agriculture and Plantation

Technology and Telecommunications

Retail and Consumer Goods

Energy and Utilities

Transportation and Logistics

Healthcare and Pharmaceuticals

Hospitality and Tourism

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Credit Administration

Business Development

Operations

Internal Audit

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Finance Manager

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Corporate Secretary

Business Development Director

Financial Controller

Account Relationship Manager

Credit Risk Officer

Transaction Banking Manager

Senior Loan Officer

Industries









Teams

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

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