The Gold Loan Agreement serves as a critical legal instrument in Indonesia's financial services sector, enabling borrowers to obtain financing using their gold assets as collateral. This document type is commonly used when individuals or businesses seek to leverage their gold holdings for liquidity while retaining ownership potential. The agreement must comply with Indonesian financial regulations, including OJK Regulation No. 31/POJK.05/2016 on pawn businesses and precious metal-based financing, as well as relevant Bank Indonesia regulations. It typically includes detailed provisions for gold valuation, custody arrangements, loan-to-value ratios, and enforcement mechanisms. The document is particularly relevant in Indonesia's growing precious metals financing market, where gold-based loans have become an increasingly popular financing option.
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1. Parties: Identification of the lender and borrower with complete legal names and addresses
2. Background: Context of the agreement and brief description of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and intended purpose
5. Gold Collateral Details: Description of the gold being provided as collateral, including weight, purity, and form
6. Valuation and Loan-to-Value Ratio: Method of valuing the gold collateral and the maximum loan amount relative to the gold value
7. Interest and Fees: Interest rate, calculation method, and any additional fees or charges
8. Term and Repayment: Duration of the loan and repayment schedule
9. Security Arrangements: Details of how the gold collateral will be stored, secured, and maintained
10. Rights and Obligations: Specific responsibilities of both parties regarding the loan and collateral
11. Events of Default: Circumstances constituting default and consequences
12. Enforcement Rights: Lender's rights in case of default, including process for liquidating collateral
13. Representations and Warranties: Standard declarations about legal capacity and ownership of gold
14. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Insurance: Requirements for insurance of the gold collateral, if not covered by the lender's existing policies
2. Early Repayment: Terms and conditions for early loan repayment, including any penalties
3. Substitution of Collateral: Provisions allowing for replacement of gold collateral under specific circumstances
4. Multiple Borrowers: Additional terms for cases involving joint borrowers
5. Force Majeure: Provisions for unforeseen circumstances affecting the agreement
6. Assignment and Transfer: Terms governing the transfer of rights under the agreement
7. Electronic Communications: Provisions for digital notifications and communications
1. Schedule 1 - Gold Collateral Specification: Detailed technical specifications of the gold collateral including weight, purity certificates, and identifying marks
2. Schedule 2 - Valuation Methodology: Detailed process for valuing the gold collateral, including price sources and calculation methods
3. Schedule 3 - Storage and Security Procedures: Procedures for storing, accessing, and maintaining the security of the gold collateral
4. Schedule 4 - Repayment Schedule: Detailed breakdown of repayment dates and amounts
5. Schedule 5 - Fees and Charges: Comprehensive list of all applicable fees, charges, and their calculation methods
6. Appendix A - Required Documents: List of required documentation including gold ownership proof and identification documents
7. Appendix B - Insurance Requirements: Detailed insurance requirements if applicable
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Precious Metals
Mining
Jewelry
Pawnbroking
Retail Banking
Asset Management
Commodities Trading
Relevant Teams
Legal
Compliance
Risk Management
Credit Operations
Treasury
Collateral Management
Security
Customer Service
Loan Processing
Precious Metals Operations
Relevant Roles
Loan Officer
Credit Manager
Legal Counsel
Compliance Officer
Risk Manager
Precious Metals Specialist
Collateral Manager
Treasury Manager
Branch Manager
Relationship Manager
Valuation Specialist
Security Officer
Operations Manager
Credit Risk Analyst
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