The Investment Contract For Small Business is a crucial legal document used when investors seek to invest capital in small businesses operating in Indonesia. This agreement is essential for protecting the interests of both investors and business owners while ensuring compliance with Indonesian investment regulations, particularly Law No. 25 of 2007 on Investment and Law No. 20 of 2008 on Micro, Small, and Medium Enterprises. The document is commonly used for various investment scenarios, including equity investments, debt financing, or hybrid structures, and includes detailed provisions on investment terms, governance rights, financial reporting requirements, and exit mechanisms. It must be structured to comply with Indonesian business laws, including foreign investment restrictions, capital requirements, and sector-specific regulations, while also addressing practical aspects of small business operations and growth objectives.
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1. Parties: Identification of the investor(s) and the small business entity, including their complete legal names, registration numbers, and addresses
2. Background: Context of the investment, brief description of the business, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Investment Amount and Terms: Details of the investment amount, form of investment (equity/debt), and payment terms
5. Ownership Structure: Post-investment shareholding structure and class of shares
6. Representations and Warranties: Statements of fact and assurances from both parties
7. Rights and Obligations: Detailed responsibilities and rights of both the investor and the business
8. Governance: Management structure, voting rights, and decision-making processes
9. Financial Matters: Financial reporting requirements, dividend policy, and financial controls
10. Confidentiality: Provisions regarding confidential information and trade secrets
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Exit Provisions: Methods and terms for investor exit, including sale of shares or IPO
13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
14. General Provisions: Standard clauses including notices, amendments, and severability
1. Staged Investment: Used when the investment will be made in multiple tranches based on milestones
2. Industry-Specific Compliance: Required for businesses in regulated sectors like finance or food production
3. Environmental Compliance: Necessary for businesses with environmental impact considerations
4. Technology Transfer: Required when the investment includes transfer of technology or intellectual property
5. Employment Matters: Used when the investment impacts employment or requires specific staffing commitments
6. Non-Competition: Added when restrictions on competitive activities are required
7. Foreign Investment Provisions: Required for foreign investors to ensure compliance with Indonesian foreign investment laws
8. Islamic Finance Compliance: Required when the investment needs to comply with Sharia principles
1. Business Plan: Detailed business plan including market analysis, financial projections, and growth strategy
2. Share Capital Structure: Detailed breakdown of shareholding before and after investment
3. Conditions Precedent: List of conditions that must be met before investment completion
4. Key Performance Indicators: Specific metrics for measuring business performance
5. Financial Statements: Recent financial statements and accounting policies
6. Intellectual Property: List of company's intellectual property assets
7. Material Contracts: Summary of significant business contracts and arrangements
8. Company Licenses: Copies of business licenses and permits
Relevant legal definitions
Clauses
Relevant Industries
Retail
Technology
Food and Beverage
Manufacturing
E-commerce
Agriculture
Services
Tourism
Creative Industries
Healthcare
Education
Logistics
Green Technology
Digital Services
Relevant Teams
Legal
Finance
Compliance
Risk Management
Corporate Development
Investment
Business Development
Corporate Secretariat
Executive Leadership
Operations
Relevant Roles
CEO
CFO
Legal Counsel
Investment Manager
Business Development Manager
Finance Director
Company Secretary
Risk Manager
Compliance Officer
Managing Director
Investment Analyst
Small Business Owner
Venture Capital Partner
Private Equity Manager
Corporate Lawyer
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