The Peer to Peer Lending Contract serves as the primary legal framework for facilitating online lending transactions in Indonesia between lenders and borrowers through digital platforms. This document is essential when conducting P2P lending activities under OJK Regulation No. 77/POJK.01/2016, ensuring compliance with Indonesian financial services regulations while protecting all parties' interests. It details the complete lending arrangement, including loan terms, platform responsibilities, risk disclosures, and regulatory requirements. The contract is specifically designed for the Indonesian market, incorporating local regulatory requirements, consumer protection measures, and digital transaction laws, making it suitable for both individual and institutional participants in the P2P lending ecosystem.
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1. Parties: Identification of the Lender, Borrower, and Platform Operator with complete legal details
2. Background: Context of the P2P lending arrangement and platform's role as intermediary
3. Definitions: Key terms used throughout the agreement including technical and financial terms
4. Loan Details: Specific terms of the loan including principal amount, interest rate, tenure, and purpose
5. Disbursement Terms: Conditions precedent and process for loan disbursement
6. Repayment Terms: Schedule, method, and conditions for loan repayment
7. Interest and Fees: Detailed breakdown of interest calculation, platform fees, and other charges
8. Rights and Obligations: Comprehensive listing of each party's rights and responsibilities
9. Representations and Warranties: Statements of fact and assurances from all parties
10. Risk Disclosure: Mandatory risk warnings and acknowledgments as per OJK requirements
11. Default Events: Circumstances constituting default and consequences thereof
12. Platform Operations: Role and responsibilities of the platform operator
13. Data Privacy and Protection: Terms regarding handling of personal and financial information
14. Dispute Resolution: Process for handling disputes including jurisdiction and governing law
15. Term and Termination: Duration of agreement and conditions for early termination
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Collateral: Details of any security provided for the loan - included when loan is secured
2. Insurance: Terms related to loan insurance if offered or required
3. Early Repayment: Terms for early loan settlement - included if early repayment is permitted
4. Assignment: Terms for transfer of rights - included if assignment is permitted
5. Auto-Investment: Terms for automated lending features - included if platform offers this feature
6. Secondary Market: Terms for loan trading - included if secondary market trading is permitted
7. Guarantor: Terms related to guarantors - included if loan requires a guarantor
8. Special Conditions: Any unique terms specific to the particular lending arrangement
1. Loan Repayment Schedule: Detailed breakdown of repayment dates and amounts
2. Fee Schedule: Comprehensive list of all applicable fees and charges
3. KYC Documentation: List of required identity and verification documents
4. Platform Terms of Use: Standard platform terms and conditions
5. Risk Disclosure Statement: Detailed risk warnings and acknowledgments
6. Electronic Consent Form: Terms for electronic execution and communications
7. Direct Debit Authorization: Authorization for automatic payment deductions
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Financial Technology
Banking
Technology
E-commerce
Small and Medium Enterprises
Consumer Lending
Digital Banking
Alternative Finance
Retail
Relevant Teams
Legal
Compliance
Risk Management
Operations
Credit Analysis
Technology
Product Development
Customer Service
Business Development
Finance
Regulatory Affairs
Data Protection
Digital Banking
Relevant Roles
Legal Counsel
Compliance Officer
Risk Manager
Financial Services Manager
Platform Operations Manager
Credit Analyst
Chief Technology Officer
Product Manager
Customer Service Manager
Business Development Manager
Chief Financial Officer
Digital Banking Manager
Fintech Operations Manager
Regulatory Affairs Officer
Data Protection Officer
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