Soft Loan Agreement Template for Indonesia

A Soft Loan Agreement governed by Indonesian law is a specialized financing instrument that provides funding on concessional terms, typically featuring below-market interest rates, extended repayment periods, and possibly grace periods. The agreement must comply with Indonesian Civil Code requirements and relevant banking regulations while incorporating specific provisions for development financing. It includes detailed terms for disbursement, repayment schedules, monitoring requirements, and often includes social or developmental objectives. The document structure reflects both Indonesian legal requirements and international best practices for development financing.

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What is a Soft Loan Agreement?

The Soft Loan Agreement is a crucial instrument in development financing, particularly in the Indonesian context where it serves as a bridge between commercial lending and development assistance. This document type is typically used when providing financial support with terms more favorable than market conditions, often for projects with social impact or development objectives. The agreement must comply with Indonesian banking laws, civil code requirements, and financial services regulations while incorporating international best practices for development financing. It's commonly used by government institutions, development banks, and international financial institutions when providing assistance to various sectors of the Indonesian economy. The document includes comprehensive provisions for loan disbursement, repayment terms, monitoring requirements, and often incorporates specific development or social impact metrics.

What sections should be included in a Soft Loan Agreement?

1. Parties: Identification of the lender and borrower with complete legal names and addresses

2. Background: Context of the soft loan, relationship between parties, and purpose of the loan

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

4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds

5. Interest Rate and Calculations: Details of the concessional interest rate, calculation method, and payment periods

6. Disbursement: Conditions and procedures for loan disbursement

7. Repayment Terms: Payment schedule, method, and currency of repayment

8. Grace Period: Terms of any applicable grace period for principal or interest payments

9. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

10. Borrower Covenants: Ongoing obligations of the borrower during the loan period

11. Events of Default: Circumstances constituting default and consequences

12. Remedies: Rights and remedies available to parties in case of default

13. Governing Law: Confirmation of Indonesian law as governing law

14. Dispute Resolution: Mechanism for resolving disputes between parties

What sections are optional to include in a Soft Loan Agreement?

1. Security: Required if the loan is to be secured by any form of collateral

2. Guarantees: Required if there are third-party guarantors for the loan

3. Insurance: Required if specific insurance coverage is needed for loan security

4. Conditions Subsequent: Include if there are post-disbursement conditions to be met

5. Technical Assistance: Include if the soft loan includes technical support or advisory services

6. Environmental and Social Requirements: Include if the loan has environmental or social impact conditions

7. Assignment and Transfer: Include if transfer rights are to be granted to either party

8. Force Majeure: Include for longer-term loans or where specific risk events need to be addressed

What schedules should be included in a Soft Loan Agreement?

1. Repayment Schedule: Detailed amortization table showing payment dates and amounts

2. Disbursement Schedule: Timeline and conditions for staged disbursements if applicable

3. Interest Calculation Examples: Examples demonstrating interest calculation methodology

4. Form of Disbursement Request: Standard format for requesting loan disbursements

5. Project Implementation Schedule: If loan is for specific project, timeline for implementation

6. Required Documents: List of documents required for disbursement and compliance

7. Authorized Signatories: List of persons authorized to sign disbursement requests and notices

8. Reporting Requirements: Templates and formats for required periodic reporting

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

Finance Agreement

Cost

Free to use

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