Account Bank Agreement Template for Indonesia

An Account Bank Agreement governed by Indonesian law establishes the legal relationship between a bank and its customer for the opening, maintenance, and operation of bank accounts. The agreement complies with Indonesian banking regulations, including Law No. 7 of 1992 on Banking (as amended) and OJK regulations, while addressing crucial aspects such as account operations, electronic banking services, anti-money laundering compliance, and customer protection requirements. It outlines the rights, obligations, and responsibilities of both parties, incorporating specific Indonesian banking practices and regulatory requirements.

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What is a Account Bank Agreement?

The Account Bank Agreement serves as the foundational document governing the relationship between Indonesian banks and their customers, whether individuals or corporate entities. This agreement is essential for compliance with Indonesian banking regulations, including requirements set by Bank Indonesia and the Financial Services Authority (OJK). It establishes the framework for account operations, electronic banking services, security measures, and regulatory compliance, particularly in areas such as anti-money laundering and customer protection. The document is designed to protect both the bank's and customer's interests while ensuring adherence to Indonesian banking laws and regulations. It becomes necessary when establishing any new banking relationship in Indonesia and must be regularly updated to reflect changes in regulatory requirements and banking services.

What sections should be included in a Account Bank Agreement?

1. Parties: Identification of the bank and the account holder(s), including their full legal names, addresses, and registration details

2. Background: Context of the agreement, including the bank's authority to operate and the customer's intention to open and maintain accounts

3. Definitions: Definitions of key terms used throughout the agreement

4. Account Opening and Operation: Requirements and procedures for opening accounts, authorized signatories, and operational instructions

5. Rights and Obligations of the Bank: Bank's responsibilities, rights to set fees, modify terms, and compliance obligations

6. Rights and Obligations of the Account Holder: Customer's responsibilities, obligations for accurate information, and compliance with banking regulations

7. Fees and Charges: Structure and calculation of fees, charges, and interest rates

8. Instructions and Communications: Methods of giving instructions, notifications, and communications between parties

9. Security and Access: Security measures, access controls, and authentication procedures

10. Statements and Records: Frequency and format of account statements, record-keeping obligations

11. Anti-Money Laundering Compliance: AML/KYC requirements and ongoing monitoring obligations

12. Confidentiality: Protection and handling of confidential information and banking secrecy

13. Termination: Conditions and procedures for account closure and agreement termination

14. Governing Law and Jurisdiction: Application of Indonesian law and jurisdiction for disputes

15. General Provisions: Miscellaneous legal provisions including force majeure, amendments, and severability

What sections are optional to include in a Account Bank Agreement?

1. Electronic Banking Services: Terms for internet banking, mobile banking, and other electronic services if offered

2. Foreign Currency Accounts: Additional terms for foreign currency accounts if permitted

3. Joint Accounts: Specific provisions for accounts held by multiple parties

4. Special Services: Terms for additional services like safe deposit boxes or wealth management

5. Corporate Account Provisions: Additional requirements for corporate customers including board resolutions and authorized persons

6. Islamic Banking Provisions: Specific terms for Sharia-compliant banking services if offered

7. Overdraft Facility: Terms and conditions for overdraft facilities if available

8. Direct Debit and Standing Instructions: Terms for automated payment arrangements if offered

What schedules should be included in a Account Bank Agreement?

1. Schedule 1 - Fee Schedule: Detailed list of all applicable fees, charges, and interest rates

2. Schedule 2 - Account Opening Forms: Standard forms required for account opening and KYC documentation

3. Schedule 3 - Specimen Signatures: Format for recording authorized signatures and verification procedures

4. Schedule 4 - Electronic Banking Terms: Detailed terms and conditions for electronic banking services

5. Schedule 5 - Required Regulatory Disclosures: Mandatory disclosures required by Indonesian banking regulations

6. Appendix A - Service Level Standards: Operating hours, processing times, and service standards

7. Appendix B - Security Procedures: Detailed security protocols and procedures for account access

8. Appendix C - Supporting Documents Checklist: List of required documents for account opening and maintenance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Account Agreement

Sector

Banking

Cost

Free to use

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