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Collection Agency Contract for Indonesia

Collection Agency Contract Template for Indonesia

A Collection Agency Contract under Indonesian law establishes the legal framework for debt collection services between a collection agency and a creditor organization. This agreement outlines the scope of collection services, commission structures, operational procedures, and compliance requirements in accordance with Indonesian regulations, particularly OJK guidelines and consumer protection laws. The document details reporting obligations, ethical standards for debt collection practices, confidentiality requirements, and dispute resolution mechanisms while ensuring alignment with Indonesian civil code and financial services regulations.

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Collection Agency Contract

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What is a Collection Agency Contract?

The Collection Agency Contract serves as a crucial legal instrument in Indonesia's debt recovery landscape, providing a formal framework for outsourced debt collection activities. This document is essential when a company needs to engage professional debt collection services to recover outstanding payments while ensuring compliance with Indonesian regulations, particularly OJK Regulation No. 35/POJK.05/2018 and the Consumer Protection Law. The contract typically includes detailed provisions on collection methodologies, commission structures, compliance requirements, and operational procedures. It's particularly relevant in today's business environment where companies seek efficient debt recovery solutions while maintaining regulatory compliance and protecting their reputation. The agreement ensures both parties understand their rights, obligations, and limitations under Indonesian law, while establishing clear parameters for ethical debt collection practices.

What sections should be included in a Collection Agency Contract?

1. Parties: Identifies the collection agency and the client company, including their complete legal names, registration numbers, and addresses

2. Background: Explains the context of the agreement, including the client's need for debt collection services and the agency's qualifications

3. Definitions: Defines key terms used throughout the agreement, including 'Debts', 'Collection Services', 'Commission', 'Recovery Rate', etc.

4. Appointment and Scope of Services: Details the formal appointment of the collection agency and the specific collection services to be provided

5. Rights and Authority: Outlines the powers granted to the collection agency to act on behalf of the client

6. Collection Procedures and Standards: Specifies the approved methods and protocols for debt collection, including compliance with Indonesian regulations

7. Fees and Commission Structure: Details the payment terms, commission rates, and calculation methods for successful collections

8. Reporting and Accounting: Specifies the frequency and format of collection activity reports and financial accounting requirements

9. Compliance and Ethics: Sets out compliance requirements with Indonesian laws and ethical standards for debt collection

10. Confidentiality: Establishes obligations regarding the protection of confidential information of both parties and debtors

11. Term and Termination: Specifies the duration of the agreement and conditions for termination

12. Governing Law and Dispute Resolution: Confirms Indonesian law as governing law and outlines dispute resolution procedures

What sections are optional to include in a Collection Agency Contract?

1. Performance Metrics: Includes specific KPIs and performance targets - recommended for larger contracts or when handling significant debt portfolios

2. Insurance Requirements: Specifies required insurance coverage - important when handling high-value collections or sensitive sectors

3. Data Protection: Detailed provisions for data handling and protection - essential when dealing with personal data or regulated industries

4. Subcontracting: Rules regarding the use of subcontractors - relevant for larger collection agencies that may need to outsource certain activities

5. Force Majeure: Provisions for unforeseen circumstances - particularly relevant in Indonesia due to natural disasters and political events

6. Anti-Money Laundering: Specific provisions for AML compliance - essential when dealing with financial institutions or large debt portfolios

What schedules should be included in a Collection Agency Contract?

1. Schedule A - Fee Structure: Detailed breakdown of commission rates, fees, and payment calculations

2. Schedule B - Operating Procedures: Step-by-step collection procedures and protocols

3. Schedule C - Reporting Templates: Standard formats for regular reporting and documentation

4. Schedule D - Compliance Checklist: List of regulatory requirements and compliance procedures

5. Appendix 1 - Power of Attorney: Standard form of power of attorney for collection activities

6. Appendix 2 - Service Level Agreement: Detailed performance standards and metrics

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

Agency Agreement

Cost

Free to use
Relevant legal definitions




































Clauses































Relevant Industries

Financial Services

Banking

Insurance

Telecommunications

Utilities

Healthcare

Retail

Real Estate

Education

Manufacturing

Relevant Teams

Legal

Finance

Compliance

Risk Management

Credit Control

Accounts Receivable

Operations

Treasury

Debt Recovery

Contract Management

Relevant Roles

Chief Financial Officer

Finance Director

Credit Control Manager

Collections Manager

Legal Counsel

Compliance Officer

Risk Manager

Accounts Receivable Manager

Treasury Manager

Operations Director

Contract Manager

Financial Controller

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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