The Cash Collateral Agreement serves as a critical legal instrument in Indonesian financial transactions where cash is provided as security for obligations. This document type is commonly used in banking relationships, trading arrangements, and financial services transactions where one party requires liquid security from another. The agreement must comply with Indonesian regulatory requirements, including Bank Indonesia regulations, OJK requirements, and secured transactions laws. It typically details the amount of collateral required, maintenance obligations, interest arrangements, and enforcement mechanisms. The document is particularly important in the Indonesian context due to specific local law requirements regarding security interests and financial collateral arrangements.
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1. Parties: Identification of the collateral provider and collateral taker, including their legal details and representatives
2. Background: Context of the agreement, reference to any underlying obligations or master agreements
3. Definitions: Definitions of key terms used throughout the agreement, including 'Cash Collateral', 'Secured Obligations', 'Event of Default'
4. Grant of Security Interest: Legal provisions establishing the security interest over the cash collateral
5. Collateral Requirements: Specification of collateral amount, currency, maintenance requirements, and top-up obligations
6. Deposit and Withdrawal: Procedures and conditions for depositing and withdrawing cash collateral
7. Interest and Returns: Treatment of interest earned on cash collateral and distribution of returns
8. Rights and Obligations: Detailed responsibilities of both parties regarding the maintenance and management of collateral
9. Events of Default: Circumstances constituting default and their consequences
10. Enforcement: Rights and procedures for enforcing security interest upon default
11. Representations and Warranties: Legal statements and assurances from both parties
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
13. Notices: Communication procedures and contact details
14. Miscellaneous: Standard boilerplate provisions including amendments, severability, and entire agreement
1. Foreign Exchange Provisions: Required when collateral involves foreign currencies, addressing Bank Indonesia regulations
2. Set-off Rights: Optional provisions for set-off rights against other obligations
3. Tax Provisions: Required when tax implications need specific addressing, particularly for cross-border arrangements
4. Multiple Currency Provisions: Required when collateral can be provided in multiple currencies
5. Regulatory Compliance: Required for regulated entities, addressing specific OJK or Bank Indonesia requirements
6. Bank Account Details: Optional section detailing specific account arrangements and operations
7. Force Majeure: Optional provisions for unforeseen circumstances affecting the collateral arrangement
1. Schedule 1 - Designated Account Details: Details of the account(s) where cash collateral will be maintained
2. Schedule 2 - Collateral Amount and Currencies: Specific details of required collateral amounts and acceptable currencies
3. Schedule 3 - Authorized Representatives: List of authorized persons who can act on behalf of each party
4. Schedule 4 - Notice Details: Detailed contact information for notices under the agreement
5. Appendix A - Forms: Standard forms for collateral deposits, withdrawals, and notices
6. Appendix B - Calculation Methods: Methods for calculating collateral requirements, interest, and valuations
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