This document serves as a legally binding Reverse Repurchase Agreement under Indonesian law, primarily used in financial markets for short-term secured lending transactions. It is essential for financial institutions, banks, and investment companies operating in Indonesia who engage in repo transactions as part of their liquidity management or investment strategies. The agreement must comply with Bank Indonesia Regulation No. 22/34/PBI/2020 and relevant OJK regulations, while incorporating market standard provisions for repo transactions. It includes detailed provisions for the initial sale of securities, the commitment to repurchase, pricing mechanisms, margin maintenance, and default scenarios, all structured within the Indonesian regulatory framework. The document is particularly relevant for entities seeking to manage liquidity, access short-term funding, or implement investment strategies in the Indonesian financial markets.
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1. Parties: Identification of the buyer and seller in the repo transaction
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation
4. Sale and Repurchase: Core transaction terms including initial sale and commitment to repurchase
5. Purchase Price and Repurchase Price: Specification of prices and calculation methodology
6. Income Payments: Treatment of income on purchased securities during the repo period
7. Margin Maintenance: Provisions for maintaining agreed margin ratios and transfer of margin
8. Payment and Transfer: Mechanics of payments and securities transfers
9. Representations and Warranties: Standard and transaction-specific representations by both parties
10. Events of Default: Circumstances constituting default and consequences
11. Tax Provisions: Treatment of taxes and tax-related obligations
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction details
13. Notices: Communication procedures between parties
14. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Substitution: Optional provisions allowing replacement of purchased securities, used when parties want flexibility in collateral management
2. Agency Provisions: Required when either party acts as agent rather than principal
3. Force Majeure: Provisions for extraordinary events affecting performance, recommended for longer-term repos
4. Buy/Sell Back Annex: Additional provisions for transactions structured as buy/sell backs rather than classic repos
5. Foreign Exchange Provisions: Required when repo involves cross-border elements or foreign currency
6. Electronic Trading Provisions: Required when transactions will be executed through electronic platforms
7. Custody Arrangements: Detailed provisions for third-party custody, if applicable
1. Schedule 1 - Form of Confirmation: Standard form for confirming individual transactions under the agreement
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for use in transactions
3. Schedule 3 - Pricing Parameters: Detailed methodology for calculating prices and margins
4. Schedule 4 - Contact Details: Contact information for notices and operations
5. Appendix A - Standard Settlement Instructions: Payment and securities settlement instructions for both parties
6. Appendix B - Forms of Power of Attorney: Standard forms for powers of attorney if required under Indonesian law
7. Appendix C - Tax Documentation: Required tax forms and declarations under Indonesian regulations
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