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Collateral Contract

Collateral Contract Template for Indonesia

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Key Requirements PROMPT example:

Collateral Contract

"I need a Collateral Contract under Indonesian law for a manufacturing company providing machinery and equipment as security for a 5-year term loan from Bank Central Asia, with the security to be registered as a fiduciary security by March 2025."

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Document background
A Collateral Contract is a crucial document in Indonesian secured lending and financial transactions, used to create and perfect security interests over assets. This document type is essential when a party needs to provide security for obligations, whether in the context of loan agreements, trade finance, or other commercial arrangements. The contract must comply with Indonesian law requirements, particularly the Civil Code (KUHPerdata) and specific regulations governing secured transactions. The document includes detailed descriptions of the collateral, rights and obligations of parties, enforcement mechanisms, and registration requirements. It's particularly important in Indonesia where specific formalities must be observed for different types of security interests, such as fiduciary security (fidusia) or mortgage (hak tanggungan). The Collateral Contract serves as a fundamental tool in risk mitigation for lenders and secured parties while providing a clear framework for borrowers and security providers.
Suggested Sections

1. Parties: Identification of the parties: the security provider (collateral giver) and the secured party (collateral taker)

2. Background: Context of the security arrangement, including reference to the underlying obligation being secured

3. Definitions: Key terms used throughout the agreement, including specific Indonesian legal terminology

4. Grant of Security Interest: Express creation and grant of the security interest over the collateral

5. Description of Collateral: Detailed description of the assets being provided as collateral

6. Secured Obligations: Definition and scope of the obligations being secured by the collateral

7. Representations and Warranties: Statements of fact by the security provider regarding ownership, condition, and status of the collateral

8. Security Provider's Obligations: Ongoing obligations regarding maintenance, insurance, and preservation of the collateral

9. Rights and Remedies: Secured party's rights in case of default, including enforcement procedures

10. Registration and Perfection: Requirements and procedures for registering the security interest

11. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes

Optional Sections

1. Insurance: Detailed insurance requirements when the collateral requires specific insurance coverage

2. Third Party Rights: Required when there are existing encumbrances or third-party interests in the collateral

3. Further Assurance: Additional actions required to perfect or maintain the security interest in specific jurisdictions

4. Power of Attorney: Required when the secured party needs specific powers to act on behalf of the security provider

5. Tax Provisions: Included when there are specific tax implications related to the collateral or its enforcement

6. Cross-Collateralization: Used when the collateral secures multiple obligations or facilities

Suggested Schedules

1. Schedule 1 - Collateral Description: Detailed technical or legal description of the collateral assets

2. Schedule 2 - Secured Obligations: Detailed list of all obligations secured by the collateral

3. Schedule 3 - Existing Encumbrances: List of any existing security interests or encumbrances over the collateral

4. Schedule 4 - Form of Registration Documents: Templates for fiduciary security registration forms and other required documentation

5. Schedule 5 - Insurance Requirements: Specific insurance requirements and minimum coverage levels

6. Appendix A - Power of Attorney: Form of power of attorney required for registration or enforcement

7. Appendix B - Valuation Report: Independent valuation of the collateral assets

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 | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Secured Obligations
Collateral
Security Interest
Security Period
Security Provider
Secured Party
Enforcement Event
Default
Business Day
Encumbrance
Fiduciary Security
Security Documents
Perfection Requirements
Registration Certificate
Secured Amount
Principal Agreement
Secured Creditor
Security Assets
Disposal
Indonesian Law
Governing Law
Material Adverse Effect
Permitted Security Interest
Power of Attorney
Registration Office
Security Registration
Underlying Documents
Valuation Date
Deed of Assignment
Enforcement Notice
Insurance Proceeds
Secured Liabilities
Security Provider Warranties
Secured Party Rights
Trigger Event
Associated Rights
Authorized Person
Notarial Deed
Registration Statement
Security Trustee
Clauses
Grant of Security
Perfection and Registration
Representations and Warranties
Covenants
Events of Default
Enforcement Rights
Insurance
Assignment and Transfer
Notices
Further Assurance
Indemnification
Power of Attorney
Governing Law
Dispute Resolution
Severability
Amendment
Confidentiality
Costs and Expenses
Term and Termination
Entire Agreement
Force Majeure
Third Party Rights
Counterparts
Language Requirements
Tax Provisions
Valuation
Maintenance of Collateral
Registration Requirements
Priority of Security
Release of Security
Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Trading

Agriculture

Mining

Infrastructure

Transportation

Retail

Construction

Small and Medium Enterprises

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit Administration

Corporate Secretarial

Banking Operations

Security Administration

Relevant Roles

Legal Counsel

Finance Director

Credit Manager

Risk Manager

Compliance Officer

Corporate Secretary

Security Trustee

Loan Officer

Credit Analyst

Treasury Manager

Contract Administrator

General Counsel

Chief Financial Officer

Banking Relationship Manager

Industries
Indonesian Civil Code (KUHPerdata): The fundamental law governing contracts and property rights in Indonesia, particularly Book II on Property and Book III on Obligations and Contracts
Law No. 42 of 1999 on Fiduciary Security: Regulates fiduciary security arrangements, which is a common form of security interest in Indonesia where the debtor retains possession of the collateral while the creditor holds the security right
Law No. 4 of 1996 on Land Mortgage: Governs security interests over land and fixtures, relevant if the collateral involves real estate
Government Regulation No. 21 of 2015: Regulates the registration procedures for fiduciary security interests and the duties of the Fiduciary Registration Office
Law No. 10 of 1998 on Banking: Contains provisions relevant to collateral in banking transactions and secured lending practices
Supreme Court Regulation No. 2 of 2015: Provides procedures for execution of collateral and dispute resolution in secured transactions
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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