The Family Loan Agreement is essential in situations where family members wish to formalize lending arrangements within Indonesia's legal framework. This document is particularly relevant in the Indonesian context, where family-based financial support is common but requires proper documentation for legal certainty. The agreement serves to prevent future disputes by clearly outlining loan terms, repayment schedules, and obligations of all parties involved. It combines elements of standard loan documentation with considerations specific to family relationships, ensuring compliance with Indonesian civil law while maintaining family harmony. The document is designed to protect both lender and borrower, providing a clear framework for the loan while acknowledging the unique dynamics of family financial relationships.
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1. Parties: Identifies the family members involved as lender and borrower, including their complete legal names, addresses, and relationship
2. Background: Explains the context of the family loan, including the relationship between parties and purpose of the loan
3. Definitions: Defines key terms used throughout the agreement for clarity
4. Loan Amount and Purpose: Specifies the principal amount being lent and its intended use
5. Interest Rate: States whether interest applies and if so, the agreed rate and calculation method
6. Repayment Terms: Details the repayment schedule, including payment amounts, frequency, and duration
7. Method of Payment: Specifies how payments will be made and received
8. Early Repayment: Outlines terms for early loan repayment and any associated conditions
9. Default Provisions: Defines what constitutes default and consequences, while considering the family context
10. Representations and Warranties: Basic statements about the parties' capacity to enter into the agreement
11. Governing Law: Confirms Indonesian law governs the agreement
12. Signatures: Space for parties to execute the agreement with witnesses
1. Security: Include when collateral is being provided to secure the loan
2. Death or Incapacity: Include provisions for what happens if either party dies or becomes incapacitated
3. Dispute Resolution: Include specific family-oriented dispute resolution procedures if desired
4. Co-signer Provisions: Include when another family member is co-signing the loan
5. Modification of Terms: Include if parties want flexibility to modify terms under specific circumstances
6. Financial Hardship Provisions: Include terms for handling temporary inability to pay due to financial difficulties
7. Tax Implications: Include when the loan amount is significant enough to have tax implications
1. Schedule A - Repayment Schedule: Detailed payment schedule showing dates and amounts
2. Schedule B - Loan Disbursement Details: Information about how and when the loan amount will be provided
3. Appendix 1 - Proof of Funds: Documentation showing source of loan funds
4. Appendix 2 - Related Family Documents: Any relevant family documents that establish the relationship between parties
5. Appendix 3 - Security Details: If applicable, details of any security or collateral provided
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