JANTJE & ASSOCIATES provides consultation on financing transactions to help lenders, creditors, debtors, consumers and commercial clients throughout Indonesia.
Our financial services practice consists of representing local, national and foreign banks in mortgage and asset-based lending and equipment leasing companies in construction loans, equipment leasing transactions, mortgage loan purchases and refinancing. We also represent lenders in asset recovery, and foreclosure actions against real and personal property. Examples include representing private lenders in asset-based multi-national loans; an equipment leasing company in multi-billion Rupiah construction loans and advanced medical equipment leasing, a foreign bank in multi-million dollar development loans for housing development projects and national and local banks in commercial and residential mortgage loans. Our borrowing clients include income-generating property investors and developers.
LITIGATION
Upholding Obligations and Defending Rights.
J&A’s litigation practices are primarily commercial disputes. J&A handles all stages of litigation in Indonesian courts, conducting appeals, cassation, review as well as arbitration and mediation. Such practices include breach of contract, lender exercise and foreclosure, foreclosure defenses, governance disputes, commercial arbitration, and other commercial cases.
Banking Lawyer.
We have a long history of representing national and international banks and financial institutions in legal aspects in almost every phase of the banking business. Our extensive attorney’s experience with a broad spectrum of banking and loan matters makes J&A the choice for clients seeking legal counsel on banking matters.
Banking, Lending & Finance Services
Making or obtaining a commercial loan is not as simple as one might think. The breadth of resources and the complexity of the requirements to fund business ventures have increased dramatically in the last decade. Both lenders and borrowers need guidance on staying informed about changing market conditions and available options to protect their interests and maximize their flexibility.
Creditor, Lender, Provider
J&A attorneys provide services to lenders across the country, including national and local banks, savings and loan institutions, financial services holding companies and affiliates, insurance companies, finance companies, credit unions, mortgage banking and brokerage firms, pension funds and other institutional investors. J&A advises various small, medium and large scale financial institutions in the context of certain transactions and on an ongoing basis.
J&A attorneys are prepared to handle all aspects of commercial lending, real estate mortgage financing and structured financial transactions, including construction, channel and permanent financing, syndicated loans, lines of credit, inter-creditor arrangements, credit enhancement transactions, bond financing, accounts receivable financing, inventory financing and employee stock option plan financing. J&A also represents lenders in negotiations regarding the sale and acquisition of participating interest in individual loans and loan portfolios, as well as real estate owned (REO).
Debtor, Borrower
On the borrower’s side, J&A represents borrowers in commercial and asset-based lending transactions, private debt offerings, bond financing and in credit enhancement transactions. J&A regularly assists developers and contractors in obtaining real estate financing, both for construction and development and for permanent financing.
Bankruptcy
J&A representations cover significant bankruptcy and lending practices that alert lenders to loans in financial distress, resulting in restructuring, acquisitions and dispositions, auctions, curators, and other creditor arrangements. J&A’s litigation practice includes representation of a lender against a lender’s liability claims.
J&A lawyers act as local Indonesian advisors to overseas lenders, law firms, and investors. This advice may include providing information or legal opinions regarding loans secured by property in Indonesia, coordination with local companies, commercial or consumer loans granted to Indonesian borrowers or other foreign loan operations matters, including doing business, and regulatory matters.
Work-Out and Foreclosure
Assist clients of financial institutions when difficulties arise in loan relationships with debtors. The things we handle regularly include:
- Real estate mortgage loans
- Asset-based financing arrangements
- Construction and land development loans
- Interim and permanent loans
- Aircraft and sea financing
- Acquisition financing
- Letter of credit transactions
- Oil and gas industry loans
- Equipment financing
- Requests for customer records and privacy law compliance
- Predatory lending and loan reversal
- Bank Secrecy Act and anti-money laundering law
- US PATRIOT Act Mandate
- Bank products and marketing
- Equal Credit Opportunity Act Compliance
- Community Reinvestment Act Compliance
- Restructuring and settlement of non-performing debt
- Commercial property foreclosures involving projects of any size and complexity
- Residential property foreclosures, including home equity loans
- Confiscation and confiscation of personal property (UCC)
- Arrangements in lieu of foreclosure for real and personal property
J&A provides services to a diverse group of financial institution clients, representing various types of financial institutions, such as banks, savings and loan associations, and credit unions, and ranges in size from large regional banks to smaller community banks. J&A also represents insurance companies and other financial service providers, such as credit finance and leasing companies from large business organizations.
J&A’s debtor clients include commercial banks, asset-based lenders, equipment leasing companies, and other domestic and international traditional and non-traditional lenders.
J&A represents public and private companies and not-for-profit entities, including colleges, universities, and health care facilities, as borrowers.
J&A is frequently asked to assist clients with negotiating interest rate exchanges and agreements between creditors and subordinates and with various types of guarantees covered by the Uniform Commercial Code (UCC), ICC (International Chamber of Commerce), or by other laws. J&A assists debtors in arranging, negotiating, and closing all types of financing transactions.
Restructuring and Bankruptcy
J&A represents lender clients in the enforcement of personal property security interests and real estate foreclosures and other law enforcement proceedings.
J&A also assists lenders and borrowers in restructuring and exercise, debtor-in-ownership financing, and bankruptcy proceedings.
Corporate Banking Practice
J&A has substantial experience dealing with the following matters affecting financial institutions:
- Handling business acquisitions by banks,
- Assist in the purchase and sale of branch offices by banks
- Advise on the responsibilities of directors and officers
- Drafting charters and amendments to local regulations
- Assist in the annual meeting and special meeting of shareholders, including preparing proxy materials
- Develop stock options and other compensation plans for officers and employees
J&A’s integrated team of lawyers and banking and finance professionals offers extensive insight, helping our clients to structure and document transactions that help provide financing for almost every industry. Because J&A represents both financial providers and users, you benefit from an advisor who understands each party’s needs and wants.
J&A’s experience in specific sectors also ensures clients work with teams that understand the client’s business. In fact, emerging jurisdictions often engage J&A to assist in the development of banking and finance legislative frameworks.
The following represents only a small part of our focus:
- Acquisition finance
- Asset-based loans
- Asset financing
- Bank establishment
- Bilateral and syndicated loans
- Debt capital market
- Regulations of financial institutions
- Fund finance
- Private placement
- Project finance
- Real estate finance
- Trade financing
- Consumer finance
Dispute Resolutions
Against insolvent companies J&A acts as national and regional advisor, managing insolvency matters and creditor rights in jurisdictions across the country.
Representing clients in enforcing loan documents, leases and contract actions, J&A participates in alternative dispute resolution (ADR). This approach often allows clients to reduce litigation costs and resolve issues more quickly.
If you have to take legal action in the form of litigation, J&A assists clients in litigation related to banking, including:
- Commercial
- Process shortage
- Contract
- Confiscation
- Coverage
- Promissory notes/commercial paper collection
Settlement of Troubled Receivables
J&A assists local and foreign clients to collect bills and/or non-performing loans that occur within the jurisdiction of Indonesian law.
J&A serves non-performing collections from financial or banking institutions, NBFIs, local and foreign investment companies, or other types of creditors for a minimum bill of USD/Euros 2 million or a minimum of 3 billion IDR and more.
Bank & Financial Instruments Transaction
J&A assists and provides consultation, advice to beneficiary (buyers, tenants) related to procedures, terms & conditions as well as the possibilities that arise in their transactions on:
FC BG/SBLC (MT760 and MT700)
MTN/LTN
DTC/IPIP
PPP – Private Placement
HYIP
Currency Exchange (USD-P/R, EURO-P/R, etc)
J&A handles various legal issues related to Financial/Banking Law which provides solutions as needed so that legal problems that are being or will be faced by individuals and institutions can be solved properly as expected for each stakeholder.
JANTJE & ASSOCIATES 