Security Assignment Agreement Template for Indonesia

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Key Requirements PROMPT example:

Security Assignment Agreement

"I need a Security Assignment Agreement under Indonesian law for assigning receivables from my manufacturing company to a local bank as security for a USD 5 million loan facility, with the security to be registered by March 2025."

Document background
A Security Assignment Agreement is a crucial document in Indonesian secured financing transactions, used when a party (Assignor) wishes to grant security over receivables, contractual rights, or other assignable rights in favor of a creditor (Assignee). This agreement is commonly used in project financing, loan transactions, and other secured lending arrangements where rights or receivables serve as collateral. The document must comply with Indonesian law requirements, particularly the Civil Code and Law No. 42 of 1999 on Fiduciary Security, including mandatory registration with the Fiduciary Registry Office. It typically includes detailed provisions on the assigned rights, perfection requirements, enforcement mechanisms, and continuing obligations of the parties. The agreement is essential for creating valid and enforceable security interests in Indonesia and must be properly executed and registered to ensure its effectiveness.
Suggested Sections

1. Parties: Identification of the Assignor, Assignee, and any other relevant parties

2. Background: Context of the security assignment, including reference to any underlying obligations or facilities

3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation

4. Assignment: Core provisions detailing the assignment of rights and creation of security interest

5. Secured Obligations: Description of the obligations being secured by the assignment

6. Representations and Warranties: Assignor's confirmations regarding ownership, authority, and status of assigned rights

7. Perfection and Registration: Requirements for registering and perfecting the security interest under Indonesian law

8. Covenants: Ongoing obligations of the Assignor regarding the assigned rights

9. Enforcement: Rights and remedies of the Assignee upon default

10. Power of Attorney: Irrevocable power of attorney for the Assignee to perfect and enforce the security

11. Payments and Application: How payments received will be applied and handled

12. Continuing Security: Provisions establishing the security as continuing until full discharge

13. Further Assurance: Obligations to execute further documents and take additional steps if needed

14. Notices: Communication requirements and contact details

15. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction provisions

Optional Sections

1. Security Trustee Provisions: Required when the security is held by a security trustee for multiple beneficiaries

2. Future Assets: Include when the assignment covers future-acquired assets

3. Currency Provisions: Required when dealing with cross-border transactions or foreign currency obligations

4. Tax Provisions: Include detailed tax provisions when the assignment has significant tax implications

5. Regulatory Compliance: Required when the assigned rights are in regulated sectors (e.g., banking, insurance)

6. Third Party Rights: Include when there are specific third party beneficiaries to be addressed

7. Registration Cost Provisions: Detailed provisions about registration costs when significant registration fees are anticipated

Suggested Schedules

1. Schedule 1 - Assigned Rights: Detailed description of the rights and assets being assigned

2. Schedule 2 - Form of Notice of Assignment: Template notice to be sent to relevant third parties

3. Schedule 3 - Form of Acknowledgment: Template acknowledgment to be obtained from relevant third parties

4. Schedule 4 - Existing Security Interests: List of any existing security interests affecting the assigned rights

5. Schedule 5 - Perfection Requirements: Specific steps required for perfection under Indonesian law

6. Appendix A - Power of Attorney: Form of power of attorney required under Indonesian law

7. Appendix B - Registration Forms: Required forms for fiduciary security registration

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
Clauses
Relevant Industries

Banking

Financial Services

Infrastructure

Real Estate

Manufacturing

Energy

Mining

Telecommunications

Construction

Trading

Agriculture

Retail

Healthcare

Technology

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Credit Administration

Security Administration

Project Finance

Transaction Management

Relevant Roles

Legal Counsel

Finance Director

Chief Financial Officer

Corporate Secretary

Risk Manager

Treasury Manager

Credit Manager

Security Trustee

Compliance Officer

Transaction Manager

Project Finance Manager

Contract Administrator

General Counsel

Banking Relationship Manager

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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