Debt Cancellation Agreement Template for Indonesia

This document is a comprehensive agreement governed by Indonesian law that formalizes the cancellation of debt obligations between parties. It incorporates essential elements required under the Indonesian Civil Code (KUH Perdata) and relevant financial regulations, including clear identification of the parties, detailed description of the debt being cancelled, terms of cancellation, and mutual releases. The agreement addresses tax implications under Indonesian tax law and includes provisions for the release of any associated securities or guarantees. It serves as a legally binding document that effectively terminates the specified debt obligations while protecting both creditor and debtor interests.

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What is a Debt Cancellation Agreement?

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.

What sections should be included in a Debt Cancellation Agreement?

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

What sections are optional to include in a Debt Cancellation Agreement?

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

What schedules should be included in a Debt Cancellation Agreement?

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

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Cancellation Letter

Sector

Sales

Cost

Free to use

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