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Debt Transfer Agreement for Indonesia

Debt Transfer Agreement Template for Indonesia

A Debt Transfer Agreement under Indonesian law is a legally binding document that facilitates the transfer of debt obligations from one creditor to another, with the debtor's consent. The agreement is governed by the Indonesian Civil Code (KUHPer) and must comply with local banking regulations if financial institutions are involved. It documents the terms and conditions of the transfer, including the debt amount, consideration, effective date, and any associated security interests. The agreement ensures proper documentation of the parties' rights and obligations, providing legal certainty for all involved parties under Indonesian jurisdiction.

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What is a Debt Transfer Agreement?

The Debt Transfer Agreement is a crucial document used in Indonesian financial and corporate transactions when one creditor wishes to transfer their rights and obligations under a debt arrangement to another creditor. This document is essential in various scenarios, including debt restructuring, portfolio sales, or strategic financial arrangements. Governed by Indonesian law, particularly the Civil Code (KUHPer) and relevant banking regulations, the agreement must address specific local legal requirements and customary practices. It typically includes detailed information about the original debt, transfer terms, security interests (if any), and consent mechanisms. The document is particularly important in Indonesia's growing financial services sector, where debt transfers are becoming increasingly common as part of financial institution strategy and risk management.

What sections should be included in a Debt Transfer Agreement?

1. Parties: Identifies the Transferor (original creditor), Transferee (new creditor), and the Debtor

2. Background: Recitals explaining the original debt arrangement and the intention to transfer the debt

3. Definitions: Defines key terms used throughout the agreement, including 'Debt', 'Transfer Date', 'Original Debt Agreement'

4. Transfer of Debt: Core provision detailing the transfer of rights and obligations from Transferor to Transferee

5. Consideration: Specifies the amount and payment terms for the debt transfer

6. Effective Date: Establishes when the transfer becomes effective

7. Representations and Warranties: Statements by all parties regarding their capacity and authority to enter into the agreement

8. Debtor's Consent: Explicit acknowledgment and consent from the Debtor regarding the transfer

9. Rights and Obligations: Details the post-transfer rights and obligations of each party

10. Notices: Specifies how formal communications between parties should be made

11. Governing Law and Jurisdiction: Confirms Indonesian law as governing law and specifies jurisdiction for disputes

12. Execution: Signature blocks and execution requirements

What sections are optional to include in a Debt Transfer Agreement?

1. Security Transfer: Required when the original debt is secured by collateral or guarantees that need to be transferred

2. Conditions Precedent: Include when there are specific conditions that must be met before the transfer becomes effective

3. Tax Provisions: Required when there are specific tax implications that need to be addressed

4. Further Assurance: Include when additional documentation or actions may be required post-transfer

5. Confidentiality: Include when parties need to maintain confidentiality about the transfer terms

6. Assignment: Include when there's a need to restrict or permit further transfers

7. Partial Transfer Provisions: Required when only a portion of the debt is being transferred

What schedules should be included in a Debt Transfer Agreement?

1. Schedule 1 - Original Debt Details: Detailed description of the debt being transferred, including amount, interest rate, and payment terms

2. Schedule 2 - Transfer Consideration: Detailed breakdown of the transfer price and payment mechanism

3. Schedule 3 - Security Details: List and description of any security interests or collateral being transferred

4. Schedule 4 - Required Consents: List of required third-party consents and their status

5. Schedule 5 - Outstanding Amounts: Current balance and any arrears as of the transfer date

6. Appendix A - Copy of Original Debt Agreement: Copy of the original debt agreement being transferred

7. Appendix B - Form of Notice to Debtor: Template for formal notification to the Debtor of the transfer

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

Cost

Free to use
Relevant legal definitions


































Clauses




























Relevant Industries

Banking & Financial Services

Real Estate

Manufacturing

Mining

Infrastructure

Retail

Healthcare

Technology

Agriculture

Construction

Energy

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit Administration

Corporate Affairs

Investment

Business Development

Debt Recovery

Portfolio Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Finance Manager

Credit Manager

Risk Manager

Treasury Manager

Debt Recovery Officer

Portfolio Manager

Investment Manager

Compliance Officer

Contract Administrator

Business Development 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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