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Holding Deposit Contract

Holding Deposit Contract Template for Indonesia

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Key Requirements PROMPT example:

Holding Deposit Contract

"I need a Holding Deposit Contract under Indonesian law for a commercial property purchase in Jakarta, where my company will provide a 10% deposit to be held in escrow until March 2025, with specific provisions for environmental due diligence completion."

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Document background
The Holding Deposit Contract serves as a crucial document in Indonesian business transactions where one party needs to demonstrate serious intent while negotiating or finalizing a larger deal. Commonly used in real estate, commercial leasing, and major purchase transactions, this contract type provides security to the deposit holder while protecting the depositor's interests through clearly defined terms for deposit release or forfeiture. The document must comply with Indonesian Civil Code requirements and relevant financial regulations, particularly regarding deposit handling and consumer protection. It typically includes specific provisions about the deposit amount, holding period, conditions for release or forfeiture, and the rights and obligations of all parties involved. This agreement is essential for establishing trust and commitment between parties while providing a clear legal framework for the deposit arrangement under Indonesian law.
Suggested Sections

1. Parties: Identification of all parties involved in the agreement, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the agreement, including the purpose of the holding deposit and brief description of the underlying transaction

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

4. Deposit Amount: Specification of the holding deposit amount, currency, and payment method

5. Purpose of Deposit: Detailed explanation of what the deposit is securing and its relationship to the main transaction

6. Duration: Period for which the deposit will be held and key dates/deadlines

7. Conditions for Release: Specific conditions under which the deposit will be released to either party

8. Forfeiture Terms: Clear conditions under which the deposit may be forfeited

9. Bank Account Details: Specific details of where the deposit will be held

10. Representations and Warranties: Basic warranties from both parties regarding their capacity to enter into the agreement

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

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Interest Arrangements: Include when the deposit will be held in an interest-bearing account and specify how interest will be handled

2. Tax Provisions: Include when there are specific tax implications that need to be addressed

3. Force Majeure: Include when longer holding periods are contemplated and force majeure protection is needed

4. Assignment: Include when either party may need to assign their rights under the agreement

5. Dispute Resolution: Include when parties wish to specify alternative dispute resolution methods before court proceedings

6. Costs and Expenses: Include when there are specific arrangements about who bears the costs of the deposit arrangement

7. Notices: Include when formal notice provisions are required for communications between parties

Suggested Schedules

1. Payment Schedule: Details of how and when the deposit amount is to be paid, if being paid in installments

2. Property Details: If the deposit relates to a property transaction, detailed description of the property

3. Underlying Transaction Timeline: Key dates and milestones for the main transaction that the deposit is securing

4. Required Documents: List of documents that need to be provided by either party in relation to the deposit

5. Bank Account Details: Detailed banking information in a separate schedule for security purposes

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 Industries

Real Estate

Property Development

Commercial Leasing

Retail

Hospitality

Manufacturing

Industrial

Construction

Banking and Finance

Professional Services

Relevant Teams

Legal

Finance

Real Estate

Commercial

Operations

Compliance

Risk Management

Property Management

Business Development

Contract Administration

Relevant Roles

Legal Counsel

Property Manager

Real Estate Agent

Business Development Manager

Contract Administrator

Commercial Director

Finance Manager

Property Developer

Leasing Manager

Transaction Manager

Compliance Officer

Risk Manager

Operations Manager

Chief Legal Officer

Chief Financial Officer

Industries
Indonesian Civil Code (Kitab Undang-undang Hukum Perdata): The fundamental law governing contracts, obligations, and agreements in Indonesia. Particularly relevant are Book III on Obligations and Book IV on Evidence and Prescription.
Law No. 8 of 1999 on Consumer Protection: Regulates consumer rights and business obligations, including transparency in financial transactions and deposits.
Law No. 11 of 2008 on Electronic Information and Transactions: Relevant if the holding deposit contract is to be executed electronically or if payments are made through electronic means.
Government Regulation No. 58 of 2001: Implementation regulation for consumer protection, including provisions on financial transactions and deposits.
Bank Indonesia Regulation on Fund Transfers: Regulates the mechanism of fund transfers and deposits between parties, including holding deposits.
Law No. 5 of 1960 on Basic Agrarian Law: Fundamental law governing property rights and transactions in Indonesia, relevant when the holding deposit relates to property purchases.
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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