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Co Borrower Agreement for Indonesia

Co Borrower Agreement Template for Indonesia

A Co-Borrower Agreement under Indonesian law is a legally binding document that establishes joint responsibility between two or more borrowers for a loan obligation. The agreement is governed by Indonesian Civil Code (KUHPerdata) and regulated by the Financial Services Authority (OJK). It details the terms and conditions of the loan, including the joint and several liability of all borrowers, repayment obligations, default provisions, and remedies available to the lender. The document ensures that all co-borrowers are equally responsible for the loan repayment, regardless of their individual share in the borrowed funds or benefits received.

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Co Borrower Agreement

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What is a Co Borrower Agreement?

This Co-Borrower Agreement template is designed for use in Indonesian jurisdiction when multiple parties wish to jointly take responsibility for a loan obligation. The document is essential in situations where two or more individuals or entities need to combine their creditworthiness or financial capacity to obtain financing. It complies with Indonesian banking regulations, the Civil Code (KUHPerdata), and OJK requirements. The agreement includes comprehensive provisions for joint and several liability, ensuring each co-borrower is fully responsible for the entire loan amount. It's commonly used in both personal lending (such as family members co-borrowing for a mortgage) and business contexts (such as business partners or related companies seeking joint financing). The document addresses key aspects including loan terms, payment obligations, default scenarios, and communication protocols between parties.

What sections should be included in a Co Borrower Agreement?

1. Parties: Identification of the Lender, Primary Borrower, and Co-Borrower(s), including their complete legal names and addresses

2. Background: Context of the agreement, including the loan purpose and relationship between the borrowers

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

4. Loan Details: Specific details of the loan including principal amount, interest rate, and term

5. Joint and Several Liability: Clear statement of joint and several liability of all co-borrowers for the entire loan amount

6. Representations and Warranties: Declarations by all borrowers regarding their legal capacity, financial condition, and authority to enter into the agreement

7. Payment Terms: Details of repayment schedule, payment methods, and allocation of payments between co-borrowers

8. Default Provisions: Circumstances constituting default and consequences thereof

9. Rights and Obligations: Specific rights and obligations of each party, including reporting requirements and maintenance of financial conditions

10. Communications: Protocol for notices and communications between parties

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

12. Amendment and Assignment: Provisions for modifying the agreement and restrictions on assignment of rights/obligations

13. Execution: Signature blocks and execution requirements for all parties

What sections are optional to include in a Co Borrower Agreement?

1. Collateral: Details of any security or collateral provided - include when the loan is secured

2. Insurance Requirements: Mandatory insurance coverage requirements - include when specific insurance is required

3. Special Repayment Provisions: Early repayment terms or special payment arrangements - include when non-standard payment terms apply

4. Death or Incapacity: Provisions dealing with death or incapacity of any borrower - include when requested by lender or parties

5. Cross-Default: Provisions relating to defaults under other loans - include when parties have other lending relationships

6. Financial Covenants: Specific financial requirements for borrowers - include for larger loans or business purposes

What schedules should be included in a Co Borrower Agreement?

1. Schedule A - Loan Details: Detailed breakdown of loan amount, interest calculations, and payment schedule

2. Schedule B - Payment Schedule: Amortization table showing payment dates and amounts

3. Schedule C - Co-Borrower Information: Detailed information about each co-borrower including contact details and banking information

4. Schedule D - Security Details: Description of any collateral or security provided (if applicable)

5. Appendix 1 - Required Documents: List of documents required from each co-borrower

6. Appendix 2 - Payment Procedures: Detailed procedures for making payments and allocating responsibilities

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

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions










Clauses


























Relevant Industries

Banking and Financial Services

Real Estate

Consumer Finance

Small and Medium Enterprises

Corporate Finance

Retail Banking

Mortgage Services

Agricultural Finance

Manufacturing

Commercial Property

Relevant Teams

Legal

Credit Risk

Compliance

Retail Banking

Corporate Banking

Operations

Documentation

Underwriting

Client Relations

Risk Management

Relevant Roles

Credit Officer

Loan Officer

Risk Manager

Legal Counsel

Banking Relationship Manager

Compliance Officer

Credit Analyst

Financial Advisor

Branch Manager

Underwriter

Contract Administrator

Corporate Banking Officer

Retail Banking Manager

Mortgage Specialist

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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