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Factoring Receivables Agreement for Indonesia

Factoring Receivables Agreement Template for Indonesia

This agreement governs the sale and assignment of trade receivables from a business (Client) to a financial institution (Factor) under Indonesian law. It establishes the framework for the Factor to purchase eligible receivables at a discount, providing the Client with immediate working capital. The agreement complies with Indonesian financial services regulations, particularly OJK Regulation No. 29/POJK.05/2014 and Presidential Regulation No. 9 of 2009, and includes provisions for fiduciary security registration as required under Law No. 42 of 1999. It details the pricing mechanism, operational procedures, eligibility criteria, and parties' rights and obligations within the Indonesian legal framework.

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What is a Factoring Receivables Agreement?

The Factoring Receivables Agreement is essential for businesses in Indonesia seeking to improve their working capital position through the sale of their accounts receivable. This document is commonly used when a company needs to accelerate its cash flow by receiving immediate payment for its receivables, rather than waiting for the standard credit period. The agreement must comply with Indonesian financial services regulations and security laws, particularly regarding fiduciary security registration. It typically includes detailed provisions on receivables eligibility, purchase price calculations, collection procedures, and risk allocation between parties. The document is structured to accommodate both domestic and international factoring transactions, though cross-border arrangements may require additional provisions to address currency and jurisdictional issues. This agreement is particularly relevant in industries with longer payment cycles or where suppliers deal with large corporate buyers who demand extended payment terms.

What sections should be included in a Factoring Receivables Agreement?

1. Parties: Identification of the Factor and the Client (Supplier)

2. Background: Context of the agreement, business relationship, and purpose of the factoring arrangement

3. Definitions and Interpretation: Key terms used in the agreement, including 'Receivables', 'Eligible Receivables', 'Purchase Price', 'Advance Rate', etc.

4. Assignment of Receivables: Core provisions regarding the sale and assignment of receivables from Client to Factor

5. Purchase Price and Payment Terms: Calculation of purchase price, advance rate, reserves, and payment mechanics

6. Eligibility Criteria: Requirements for receivables to qualify for factoring

7. Representations and Warranties: Standard and specific warranties regarding the receivables and the parties' capacity

8. Covenants: Ongoing obligations of the Client regarding business operations and receivables management

9. Collection and Management: Procedures for collection of receivables and management of customer relationships

10. Security Provisions: Security arrangements and fiduciary transfer requirements under Indonesian law

11. Events of Default: Circumstances constituting default and corresponding remedies

12. Termination: Provisions for ending the agreement and post-termination obligations

13. Governing Law and Dispute Resolution: Choice of Indonesian law and dispute resolution mechanisms

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignments

What sections are optional to include in a Factoring Receivables Agreement?

1. Recourse Provisions: Optional section when the agreement is with recourse, detailing the circumstances and process for recourse against the Client

2. Credit Insurance: Required when credit insurance is part of the arrangement, detailing insurance requirements and claims process

3. Electronic Trading Platform: Needed when parties use an electronic platform for receivables trading and documentation

4. Cross-Border Provisions: Required for international factoring arrangements, addressing currency exchange and international payment terms

5. Debtor Notification: Optional section detailing notification requirements when debtors must be informed of the factoring arrangement

6. Reserve Account: Detailed provisions for maintaining and managing a reserve account, if applicable

What schedules should be included in a Factoring Receivables Agreement?

1. Schedule 1 - Eligible Receivables Criteria: Detailed criteria for receivables eligibility including aging, documentation requirements

2. Schedule 2 - Pricing and Fees: Detailed breakdown of factoring fees, discount rates, and other charges

3. Schedule 3 - Operational Procedures: Detailed procedures for submission, verification, and funding of receivables

4. Schedule 4 - Form of Notice of Assignment: Template for notifying debtors of the assignment of receivables

5. Schedule 5 - Required Documents: List of documents required for verification and funding of receivables

6. Schedule 6 - Approved Debtors: List of pre-approved debtors and their credit limits

7. Appendix A - Power of Attorney: Standard form of power of attorney for collection and enforcement

8. Appendix B - Fiduciary Transfer Documentation: Templates for fiduciary security registration under Indonesian law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions





















































Clauses








































Relevant Industries

Manufacturing

Trading and Distribution

Textile and Garment

Agriculture and Food Processing

Construction

Automotive

Electronics

Consumer Goods

Mining and Resources

Financial Services

Logistics and Transportation

Retail

Relevant Teams

Finance

Legal

Treasury

Credit Control

Accounts Receivable

Risk Management

Operations

Commercial

Compliance

Collections

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Controller

Accounts Receivable Manager

Financial Controller

Legal Counsel

Commercial Director

Risk Manager

Operations Manager

Relationship Manager (Factor side)

Credit Analysis Manager

Business Development Manager

Compliance Officer

Collections 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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