Best Structured Finance Lawyers in Kedurus

When a financing deal in Kedurus needs specialist legal structuring

Structured finance in Kedurus usually involves arranging funding around identifiable assets, cash flows or contractual payment rights. Examples include receivables-backed loans, asset-backed securities, project finance and financing secured by land or movable assets.

Kedurus is part of Surabaya, but the main rules are national Indonesian laws and financial regulations. Local work may include checking asset ownership and contracts, coordinating with a notary or land deed official, and completing relevant registrations; securities matters may also require engagement with the Financial Services Authority (OJK).

A lawyer can assess whether a proposed deal is an ordinary secured loan or a regulated securities transaction, then document the transfer of assets, payment priorities, security and default remedies. The structure should fit the assets, parties and regulatory requirements rather than rely on a template intended for another transaction.

Situations where a lawyer can help

• A Kedurus business is seeking a loan backed by invoices or other receivables from customers in Surabaya or elsewhere in East Java. Counsel can review whether the receivables can be assigned, how debtors must be notified and what happens if a customer disputes payment.

• A lender wants security over equipment, inventory or other movable assets held by a business in Kedurus. A lawyer can help prepare the security documents and arrange fiduciary registration where required.

• A borrower proposes land or a building as collateral. Legal review can check title, existing encumbrances and the steps for creating a mortgage right (Hak Tanggungan) through the appropriate land administration process.

• A company is considering pooling assets or payment rights to issue asset-backed securities. Counsel can assess the applicable OJK rules, transaction documents and roles of the parties before the offer proceeds.

• A Surabaya-based project involves several lenders, contractors or investors, with different payment priorities or completion risks. A lawyer can coordinate the financing terms, security package and default arrangements across the documents.

Indonesian laws and regulations that may apply

Law No. 8 of 1995 on Capital Markets, as amended by Law No. 4 of 2023 on Development and Strengthening of the Financial Sector, is relevant when a transaction involves capital-market securities. The 2023 law introduced amendments to the capital-markets framework; whether a particular financing falls within it depends on the structure and offering.

OJK Regulation No. 65/POJK.04/2017 on Guidelines for the Issuance and Reporting of Asset-Backed Securities in the Form of Collective Investment Contracts addresses asset-backed securities issued through that structure. It is particularly relevant when receivables or other eligible assets are pooled for an asset-backed securities transaction.

Law No. 42 of 1999 on Fiduciary Security governs fiduciary security over qualifying assets, including certain movable and intangible assets. It may matter when receivables, inventory or equipment secure a financing, but the correct security method depends on the asset and transaction.

Frequently asked questions

What does structured finance mean in an Indonesian transaction?

It means arranging financing around particular assets, receivables, payment streams or contractual rights, often with tailored security and payment priorities. The term does not itself identify one legal product, so the documents and regulatory rules depend on the structure used.

Do I need a lawyer for a financing deal in Kedurus?

Legal advice is especially useful when the deal involves multiple lenders, assigned receivables, asset-backed securities, land collateral or a complex security package. For a straightforward loan, a lawyer can still check the repayment terms, default clauses and enforceability of the proposed security.

Does Kedurus have separate structured finance laws?

No separate Kedurus framework governs these transactions. National Indonesian laws and OJK regulations apply, while local asset checks and registrations may involve the relevant Surabaya offices.

Can a small business use receivables-backed financing?

Potentially, if the business has identifiable receivables and a lender or investor is willing to accept the structure. The quality, transferability and documentation of the receivables matter, and an asset-backed securities issuance may involve additional regulatory and operational requirements.

Is every receivables-backed loan an asset-backed securities offering?

No. A bilateral loan secured by receivables is not automatically a securities offering. The parties, transfer of assets, investor arrangements and marketing of the product all affect the legal analysis.

What documents should I prepare before meeting a lawyer?

Gather the draft financing terms, company documents, asset or receivables records, material customer and project contracts, and details of existing security. For land collateral, include available title documents and information about existing mortgages or restrictions.

How much does a structured finance lawyer cost in Surabaya?

Fees depend on the transaction’s complexity, asset pool, number of parties, regulatory work and whether the lawyer is asked to negotiate or only review documents. Ask for a written scope and fee proposal, and clarify whether notary, land deed official, registration, tax and due diligence costs are separate.

How long does it take to structure a financing?

A relatively simple secured loan may be documented in a few weeks if the parties and records are ready. A multi-party financing or securities transaction can take longer because of due diligence, negotiations, approvals and asset or security registrations.

Can a lender take security over business receivables?

Receivables may be used in a financing structure, but the documents should address ownership, assignment restrictions, debtor notification and collection arrangements. A lawyer should also check whether fiduciary security or another legal mechanism is appropriate for the specific rights.

Does land collateral require a local filing?

A mortgage right over land is created and registered under Indonesian land law, using the relevant land administration process. The correct office and steps depend on the property and its title, so the proposed security should be checked before funds are advanced.

What should I compare when choosing a lawyer?

Look for relevant experience with Indonesian secured lending, receivables, capital-markets rules or the specific asset involved. Compare the proposed scope, responsible lawyer, fee basis, expected milestones and how conflicts or changes in scope will be handled.

Official resources

• Financial Services Authority (OJK): Regulates Indonesia’s financial services and capital markets, including relevant securities activity. Its East Java office in Surabaya can direct local enquiries to the appropriate OJK function.

• Ministry of Law: Administers the national fiduciary security registration system. Its information can help parties check registration procedures for security interests that use the fiduciary framework.

• Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN): Handles land administration, including land rights and mortgage registration. The relevant Surabaya land office can assist with local property records and procedures.

Steps to find and hire a lawyer

1. Define the transaction. In one or two days, list the funding amount, parties, assets, payment sources, proposed security and any deadline.

2. Collect the core records. Assemble company documents, financial information, contracts, asset records and existing loan or security documents before seeking proposals.

3. Shortlist suitable lawyers. Over the next few days, look for Indonesian counsel whose work includes secured lending, receivables finance, securities or the relevant asset type.

4. Ask about comparable work and conflicts. In an initial meeting, ask who will handle the matter, what similar transactions they have worked on and whether any conflict prevents the engagement.

5. Compare written proposals. Request the work scope, deliverables, fee basis, exclusions and likely timeline. Check whether notary, land deed official, filing and tax costs are additional.

6. Agree the engagement and timetable. Sign an engagement letter that identifies the client, responsible lawyer, scope, fees and reporting arrangements before sharing sensitive records or authorising work.

7. Confirm the closing requirements. Ask counsel for a written checklist of approvals, signatures, registrations and funding conditions. Review completion evidence before treating the transaction as closed.