Debt Cancellation Agreement Template for Indonesia

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Key Requirements PROMPT example:

Debt Cancellation Agreement

"I need a Debt Cancellation Agreement governed by Indonesian law to formalize the cancellation of a secured corporate loan worth IDR 5 billion between our manufacturing company and Bank Central Asia, with the cancellation to take effect from March 1, 2025."

Document background
The Debt Cancellation Agreement is a crucial legal instrument used in Indonesian business and financial transactions when parties wish to formally terminate debt obligations. This document is particularly relevant in scenarios involving debt restructuring, corporate reorganizations, related-party debt settlements, or situations where a creditor wishes to forgive a debt for commercial or practical reasons. Governed by Indonesian law, particularly the Civil Code (KUH Perdata) and relevant banking regulations, the agreement must carefully address tax implications, as debt forgiveness may be treated as taxable income under Indonesian tax law. The document includes essential details about the original debt, the parties involved, the terms of cancellation, and ensures proper documentation for accounting, tax, and legal purposes. It's commonly used by financial institutions, corporations, and individuals seeking to formally document the cancellation of debt obligations while maintaining legal compliance and protecting all parties' interests.
Suggested Sections

1. Parties: Identification of the creditor and debtor, including their full legal names, addresses, and any registration numbers for companies

2. Background: Recitals explaining the original debt arrangement, current status, and reasons for cancellation

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

4. Acknowledgment of Debt: Clear statement of the original debt amount and current outstanding balance

5. Cancellation Terms: Specific terms and conditions of the debt cancellation, including the amount being cancelled

6. Release and Discharge: Formal release of the debtor from obligations and mutual discharge of claims

7. Representations and Warranties: Statements by both parties confirming their authority and capacity to enter into the agreement

8. Tax Implications: Acknowledgment of tax consequences and responsibilities related to the debt cancellation

9. Governing Law: Specification of Indonesian law as the governing law

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Partial Cancellation Provisions: Required when only a portion of the debt is being cancelled

2. Security Release: Needed when the original debt was secured by collateral or guarantees

3. Confidentiality: Include when parties wish to keep the terms of the cancellation private

4. Surviving Obligations: Required when certain obligations continue despite the debt cancellation

5. Related Party Provisions: Include when the debt cancellation affects guarantors or other related parties

6. Dispute Resolution: Optional specific dispute resolution procedures beyond standard court jurisdiction

7. Corporate Authorizations: Required when either party is a corporation needing specific approvals

Suggested Schedules

1. Schedule A - Debt Details: Detailed breakdown of the original debt, including principal, interest, and any other charges

2. Schedule B - Payment History: Record of payments made prior to cancellation

3. Schedule C - Security Documents: List of security documents to be released (if applicable)

4. Appendix 1 - Original Loan Agreement: Copy or reference to the original loan agreement being cancelled

5. Appendix 2 - Corporate Resolutions: Copies of corporate resolutions authorizing the debt cancellation (if applicable)

6. Appendix 3 - Release Documents: Forms for releasing any registered securities or charges

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

Relevant legal definitions
Relevant Industries

Banking & Finance

Corporate Services

Real Estate

Manufacturing

Retail

Construction

Agriculture

Mining

Technology

Healthcare

Education

Hospitality

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Risk Management

Credit Control

Corporate Secretarial

Accounts Receivable

Debt Recovery

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Secretary

Tax Manager

Credit Manager

Restructuring Officer

Treasury Manager

Accounts Receivable Manager

Risk Manager

Compliance Officer

Financial Controller

Corporate Lawyer

Banking Relationship Manager

Debt Recovery Officer

Industries
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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