Lam Alex - alex_cflam@hotmail.com
Posted: 29 April 2020
from: Lam Alex <alex_cflam@hotmail.com>
date: Apr 29, 2020, 3:18 PM
subject: Re:
mailed-by: gmail.com
signed-by: hotmail.com
We are Party B has a MT104 DDRT deal and looks for Party A
Ratio : (our side - Party B) 30+10 / (your side - Party A) 55+5
Party B Bank : Indonesia
Procedure :
Party A will instruct his bank to issue a swift message MT199 or MT799 to the Party B bank, confirming the availability to receive the payment request through swift MT104 DDRT
Party B bank will send contract face value of MT104 DDRT to the Party A bank
Within three (3) Banking Days the Party A sends to Party B an email message for the acknowledgement of the swift MT 104. Payment of 100% of face value to Party B, such payment will be affected by SWIFT MT103 wire transfer
Then Party “B” will transfer 70% of the amounts received to the accounts designated by Party A and other facilitators specific in this agreement within 72.
We are looking for party A and Can you do it?
---
INVESTMENT AGREEMENT VIA DIRECT DEBIT SWIFT MT104
NO: FOSSCO-20116-1189
ATTACHMENT TO: MUTUAL CO-OPERATION PROJECT FUNDING BETWEEN TWO PARTIES
SIGNED FOR AND ON BEHALF OF PARTY - A (INVESTOR)
BUSINESS NAME
REPRESENTED BY / POSITION:
PASSPORT No:
DATE OF ISSUE:
DATE OF EXPIRY:
COUNTRY OF ISSUE:
INCORPORATION #
COMPANY ADDRESS
BANK
BANK ADDRESS
BANK ACCOUNT
ACCOUNT NAME
BANK OFFICER
BANK OFFICER PHONE
BANK EMAIL
SWIFT
SIGNED FOR AND ON BEHALF OF PARTY - B (RECEIVER/ DEVELOPER)
BUSINESS NAME : PT. SRIKANDI MINNING RESOURCE
REPRESENTED BY / POSITION: Mrs. Rizky Hanna Kurnia / (CEO)
PASSPORT No: X192929
DATE OF ISSUE: 24 March 2016
DATE OF EXPIRY: 24 March 2021
COUNTRY OF ISSUE: Indonesia
INCORPORATION # : AHU.12951.AH.01.01.TAHUN 2011
REGISTRATION ADDRESS : GedungMenaraAnugerahLt. 27 – E 3.3. Mega Kuningan , Jakarta Selatan – Indonesia – Postal code : 12950
BANK : PT BANK SYARIAH MANDIRI
BANK ADDRESS : KARAWANG BRANCH, JL. TUPAREV NO.266 KARAWANG, JAWA
BARAT
BANK ACCOUNT : 7139114967
ACCOUNT NAME : SRIKANDI MINNING RESOURCE PT.
BANK OFFICER : OTTO H. KURNIAWAN
SWIFT : BSMDIDJA
EMAIL TBA
PARTY A AND PARTY B are referred to individually as “PARTY” and collectively as the “PARTIES”.
PARTY A AND PARTY B HAVING ALL NECESSARY POWER AND AUTHORITY, AND ACTING ACCORDING TO EXISTING LAWS, TO CONCLUDE and execute THE PRESENT AGREEMENT as well as agree to be bound by its terms and conditions under the penalty and other consequences.
WHEREAS ALL the Parties hereto are desirous of entering into this Agreement FOR THE PURPOSE OF DEVELOPING THEIR OWN INVESTMENT PROJECTS IN OIL PRODUCTS TRADING PROJECTS CONTEMPLATED HEREIN FOR THE MUTUAL BENEFIT ONLY and not for other purposes whatsoever.
WHEREAS, THE PARTY BHAS SPECIAL EXPERIENCE IN THE AREAS OF OIL PRODUCT TRANSACTION, and PARTY A HAS SPECIAL EXPERIENCE IN MANAGEMENT OF SERVER FUNDS, ISSUING OF SECURITIES, as well as work on securities market necessary for execution of this transaction.
WHEREAS THE PARTIES HERETO WARRANT THAT The Funds are ALL good, clean, clear, non-criminal ORIGIN, without any traces of illegality or unlawfulness whatsoever, cash funds of an amount of €50.000.000.00 (50 Million Euros),as a trial. These Funds are available to transfer by SWIFT MT104 DDTR to the RECEIVER’s Bank Account according to the procedures described in this Agreement and to be transacted, for making the investments.
WHEREAS the Parties hereto with full corporate responsibility, under the penalty of perjury, declare that they will upon the execution of this Agreement complete the transaction contemplated herein, except on circumstances of force majeure and government sanctions, if such appear. The parties hereto shall not be liable for any failure to perform under the “force majeure” provisions of the ICC, Switzerland.
WHEREAS the Parties herein agree that each party has the full right to use and choose whatever company or consultant more suitable to carry out this agreement, to successfully complete the present transaction.
WHEREAS PARTY B agrees to assist Party A in the opening of large volume bank accounts at the receiving bank and any duly agreed bank by the Party A where the funds to be transmitted by PARTY B can be transferred to OTHER ACCOUNTS (this option is not mandatory).
WHEREAS PARTY B agrees to transfer funds from own sources, obtained from the use of the FUNDS received from Party A (non-downloaded funds), to Party A. In case Party B does not have such own funds is to arrange with the Central Bank or its bank a credit line and/or a loan and use the downloaded funds as collateral and transfer funds to Party A.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, TERMS AND CONDITIONS HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY THE GROUP PARTIES HERETO, THE GROUP PARTIES HEREBY AGREE AS FOLLOWS:
1) SUBJECT OF AGREEMENT
1.1. In accordance with the provisions of this Agreement and general principles and regulations of the management of the financial resources the “Investor” instructs, and the “Developers” undertake to utilize their respective portion of received funds in investment projects as mentioned in this Agreement.
1.2. The Investor's financial resources made available to itself, Party B hereinafter referred to as the "Investments".
1.3. According to the laws of and for execution of the Law of About the regime of foreign international investing for the Parties, the subject of this Agreement is investment activity of the respective party of the Parties, which is not connected with creation of new legal entities, on the following directions: investments in commercial sphere, Minerals mining support, OIL products TRADING investments, etc.
1.4. Party B’s key aim and usage of the funds derived from this transaction is MAINLY, but not limited, for the Oil Products Trading.
1.5. The High Contracting "Parties", in order to strengthen bilateral friendly international relations are intended to cooperate in the following make own projects at the expense of own funds and financial opportunities as well as attracting involving partners.
1.5.1. Promoting involvement in the real economy, and private regional priority investment projects and mergers/acquisition projects in the sectors of public health, medical care, elderly care, biological science;
1.5.2. Promoting a balanced and sustainable growing system of financial support for projects and programs in priority areas; such as: green economy related projects, agriculture, energy, waste management, waste to energy, desalination plants, water treatment, education, youth development, transportation, commercial and residential real estate, transportation, sports & lifestyle, different types of Industries, Oil & Gas, Precious Minerals mining support services, polished diamonds (jewelry) investments, humanitarian aid and others.
1.5.3. Minimizing investment and commercial risks involved in the implementation of projects.
1.5.4. Can also carry out reinvestment in the objects of the primary investment and other objects of investment and reinvestment
1.5.5. Can extend kinds and spheres of investment activity and, if necessary, make the additional agreements. The Addendum and changes may be brought to this agreement by mutual agreement of the Parties, which will to be fixed by separate protocols, which, after the signing of “Parties”, are considered as integral part hereof;
2) INVESTOR, Funds Provider (SENDER) Cash Funds Description;
INSTRUMENT SWIFT MT104 DDTR
TOTAL FUNDS FACE VALUE €500.000.000.00 (500 Million Euros) with R&E.
SHARING RATIO : Party A (Investor): 55% (fifty-five Percent) of the total value of each
transaction.
Party B (Receiver): 30% (Thirty Percent) of the total value of each transaction.
FEE SHARING RATIO: Party C (Investor): 5% (Five Percent) (facilitators of Investor)
FEE SHARING RATIO: Party D (Receiver): 5% (Five Percent) (facilitators of receiver)
Party E (Receiver): 5% (Five Percent) (facilitators of receiver)
CURRENCY: EURO
DELIVERY: SWIFT MT104 DDTR SERVER TO SERVER
SHARING PAYMENT: SWIFT MT103 Wire Transfer
BANKING COORDINATES
INVESTOR, Funds Provider (SENDER) Bank
BANK NAME:
BANK ADDRESS :
ACCOUNT NAME:
ACCOUNT NUMBER:
SWIFT / BIC CODE:
BANK OFFICER NAME:
BANK TELEPHONE / FAX:
RECEIVER, Funds Receiving Bank
BANK NAME: P T BANK SYARIAH MANDIRI
BANK ADDRESS : KARAWANG BRANCH, JL. TUPAREV NO.266 KARAWANG, JAWA BARAT
ACCOUNT NAME: SRIKANDI MINNING RESOURCE PT.
ACCOUNT NUMBER: 7139114967
SWIFT / BIC CODE: BSMDIDJA
BANK OFFICER NAME: OTTO H. KURNIAWAN
BANK TELEPHONE/ FAX: (0267) 418451/418452 (HUNTING)
PAYOUT ACCOUNT’S
2.1. INVESTOR (Project) Final Receiving Banking Coordinates: 55% of the Total Funds Face Value.
PARTY A - BANK COORDINATES
BANK NAME
BANK ADDRESS
ACCOUNT NAME
Account №/ IBAN
SWIFTCODE
PARTY A is entitled to use one or more bank accounts and/or companies for receiving equivalent USD and EURO, which accounts are subject to change at any time by written notice of PARTY A .
2.2. PARTY B RECEIVER – Final Receiving Banking Coordinates: 30% of the Total Funds Face Value to the following bank coordinates or to any of the Party B’s bank accounts:
PARTY B - BANK COORDINATES
BANK NAME BANK NEGARA INDONESIA (PERSERO) TBK
BANK ADDRESS JI. PAHLAWAN NO. 140, KEPOSAN, KEBUMEN, KEC. KEBUMEN, KABUPATEN KEBUMEN, JAWA TENGAH 54311, INDONESIA
ACCOUNT NAME PT. SRIKANDI MINNING RESOURCE
Account №/ IBAN 0802043498
SWIFTCODE BNINIDJAXXX
2.3 PARTY C – PAY MASTER INVESTOR - Final Receiving Banking Coordinates: 5% of the Total Funds value to the following bank coordinates or to any of the Party C’s bank account
PARTY C - BANK COORDINATES
BANK NAME
BANK ADDRESS
ACCOUNT NAME
Account №/ IBAN
SWIFTCODE
2.4 PARTY D – PAY MASTER RECEIVER 1 - Final Receiving Banking Coordinates: 2.5% of the Total Funds value to the following bank coordinates or to any of the Party D’s bank account
COMMISSION
PARTY “D1” 1.5% OF INVESTMENT DISBURSEMENT PAYMENT OF FACE VALUE INCLUDING R&E TO THE FOLLOWING ACCOUNT:
COMPANY NAME:
REPRESENTED BY:
BANK NAME
BANK ADDRESS:
ACCOUNT NAME:
ACCOUNT NUMBER:
SWIFT CODE:
BANK CONTACT NUMBER:
SPECIAL INSTRUCTION ALL SWIFT MT103 / TT TRANSFERS INSTRUCTION SHALL STATE: “FUNDS ARE GOOD, CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANYLIENS AND ENCUMBRANCES, FREELY TRANSFERABLE AND PAYABLE IN CASH IMMEDIATELY, SAME DAY FOR IMMEDIATE CREDIT UPON RECEIPT BY BENEFICIARY’S BANK”.
- A COPY OF BANK INSTRUCTION SHALL BE EMAILED AFTER TRANSFER IMMEDIATELY TO:
EMAIL ADDRESS :
COMMISSION
PARTY “D2” 1% OF INVESTMENT DISBURSEMENT PAYMENT OF FACE VALUE INCLUDING R&E TO THE FOLLOWING ACCOUNT:
BANK NAME:
BANK ADDRESS:
ACCOUNT NAME:
ACCOUNT NUMBER:
SWIFT CODE:
BANK OFFICER NAME:
BANK TELEPHONE NO.:
BENEFICIARY
SPECIAL INSTRUCTION ALL SWIFT MT103/202 TRANSFERS INSTRUCTION SHALL STATE: “FUNDS ARE GOOD, CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANYLIENS AND ENCUMBRANCES, FREELY TRANSFERABLE AND PAYABLE IN CASH IMMEDIATELY, SAME DAY FOR IMMEDIATE CREDIT UPON RECEIPT BY BENEFICIARY’S BANK”.
- A COPY OF BANK INSTRUCTION SHALL BE EMAILED AFTER TRANSFER IMMEDIATELY TO:
PARTY D PAY MASTER RECEIVER 2 - Final receiving Banking Coordinates: 2.5 % of the total Funds face value to the following bank coordinates or to any of the part D’s bank account
PARTY D3 - BANK COORDINATES
BANK NAME
BANK ADDRESS
ACCOUNT NAME
Account №/ IBAN
SWIFTCODE
SPECIAL INSTRUCTION ALL SWIFT MT103/202 TRANSFERS INSTRUCTION SHALL STATE: “FUNDS ARE GOOD, CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANYLIENS AND ENCUMBRANCES, FREELY TRANSFERABLE AND PAYABLE IN CASH IMMEDIATELY, SAME DAY FOR IMMEDIATE CREDIT UPON RECEIPT BY BENEFICIARY’S BANK”.
- A COPY OF BANK INSTRUCTION SHALL BE EMAILED AFTER TRANSFER IMMEDIATELY TO:
2.5 PARTY E PAY MASTER RECEIVER 1 - Final receiving Banking Coordinates: 2.5 % of the total Funds face value to the following bank coordinates or to any of the part E’s bank account
PARTY E1 - BANK COORDINATES
BANK NAME
BANK ADDRESS
ACCOUNT NAME
Account №/ IBAN
SWIFTCODE
SPECIAL INSTRUCTIONS ALL SWIFT MT103/202 TRANSFERS INSTRUCTION SHALL STATE: “FUNDS ARE GOOD, CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANYLIENS AND ENCUMBRANCES, FREELY TRANSFERABLE AND PAYABLE IN CASH IMMEDIATELY, SAME DAY FOR IMMEDIATE CREDIT UPON RECEIPT BY BENEFICIARY’S BANK”.
- A COPY OF BANK INSTRUCTION SHALL BE EMAILED AFTER TRANSFER IMMEDIATELY TO:
PARTY E PAY MASTER RECEIVER 2- Final receiving Banking Coordinates: 2.5 % of the total Funds face value to the following bank coordinates or to any of the part E’s bank account
PARTY E2 - BANK COORDINATES
BANK NAME
BANK ADDRESS
ACCOUNT NAME
Account №/ IBAN
SWIFTCODE
SPECIAL INSTRUCTIONS ALL SWIFT MT103/202 TRANSFERS INSTRUCTION SHALL STATE: “FUNDS ARE GOOD, CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANYLIENS AND ENCUMBRANCES, FREELY TRANSFERABLE AND PAYABLE IN CASH IMMEDIATELY, SAME DAY FOR IMMEDIATE CREDIT UPON RECEIPT BY BENEFICIARY’S BANK”.
- A COPY OF BANK INSTRUCTION SHALL BE EMAILED AFTER TRANSFER IMMEDIATELY TO:
EMAIL ADDRESS :
3) TRANSACTIONPROCEDURES
3.1 Party‐A completes/signs/seals this Agreement and submits them to Party‐B via e‐mail, along with the compliance documents, which shall include the following:
• Present Agreement with all annexes;
• Copy of the authorized signatory’s passport.
3.2 Party‐B verifies, approves, completes and counter signs/seals this Agreement electronically.
3.3 Each Party puts this Agreement in his nominated bank and notifies the other Party through its authorized e-mail.
3.4 Party A will instruct his bank to issue a swift message MT199 or MT799 to the Party B bank, confirming the availability to receive the payment request through swift MT104 DDRT.
3.5 Party B bank will send contract face value of MT104 DDRT to the Party A bank
3.6 Within three (3) Banking Days the Party A sends to Party B an email message for the acknowledgement of the swift MT 104. Payment of 100% of face value to Party B, such payment will be affected by SWIFT MT103 wire transfer.
3.7 Then Party “B” will transfer 70% of the amounts received to the accounts designated by Party A and other facilitators specific in this agreement within 72 hours.
4) CONFIDENTIAL INFORMATION AND SECURITY
CONFIDENTIALITY, The parties, appointed as an individual, and their associates agree that themselves, their employees, subsidiaries, agents, advisers, associates will not treat, conclude and will not be involved in any transaction, separately or individually, with any company , enterprise, firm or person introduced by the other party without having received a prior authorization.
4.1. LEGAL RELATIONSHIP, Each of the named signatories confirms that every company, organization, firm or person to which the signatories belong or for which they act as agents, employees or any other quality and who could benefit from a piece of information on this purpose are linked by this agreement.
NON-SOLICITATION, Receiver hereby confirms and declares that Investor, its associates or representatives or any person or persons on its behalf has/have never been solicited by any party, or associates or representatives in any way whatsoever that can be construed as a solicitation for this transaction or for future transactions.
4.2. NO CIRCUMVENT OR HAMPER,
4.2.1. The signatories who are legally and irrevocably linked by the present agreement, agree not to circumvent or hamper each other, directly or not, to avoid the payment or the collection of duties or commissions of any associate, legal or individual entity notified by one of the parties to the other party.
4.2.2. Each party agrees not to disclose or reveal in any way and to anybody, any confidential piece of information given by the other party, particularly those concerning the people co-ordinates or any other way to get in touch with them excepted with the express written consent of the other party.
4.3. UNAUTHORIZED BANK COMMUNICATION; Neither Party is allowed to contact the bank of the other Party without the written authorization for that of the Party whose bank is to be contacted. Any unauthorized contact act of either Party of this Agreement is considered as a breach of this Agreement and shall cause this Agreement immediate cancellation, and transaction becomes null and void.
5) DUTIES AND RESPONSIBILITY OF THE PARTIES
5.1. USE OF FUNDS AND RESPONSIBILITY FOR EXECUTING OF ITS OWN PROJECT(S);
5.1.1. Each party shall be solely responsible for use of funds received in the amounts allocated and planned for his project(s) which will be used only for legal purposes.
5.1.2. Each party will be the lone responsible in the execution of his projects and for the performing of his own project and for its management, also of the right applicable and consequent execution of the works and the respect for the laws and regulations also for the management and the security of the construction works’ staff even indirectly connected to this realization and accepts to be submitted separately to any verification would be required by authorities.
5.1.3. Each Party carries sole responsibility for their obligations to third persons, if other is not stipulated in additional agreements about responsibility to third person.
5.1.4. Each party will not be involved in a potential dispute resulting from the realization of a project of another party and its management. The liability of Party B is limited to the achievement of the project goals and the good execution of the agreed funding for each project and in proportion to the share of attributed to each party as defined in Point 2.
5.1.5. Either Party if it breaches its obligations under present Agreement it is obliged immediately inform about such fact to the other Party and eliminate all breaches.
5.2. INDIVIDUAL COST AND CHARGES
Each party agrees to be responsible for their individual institutional costs, and their own bank charges and any other costs, expenses, fees and commissions as may be payable for each release of funds.
5.3. TAX AND FISCAL CONDITIONS
5.3.1. The Parties are to be individually liable for their own taxes, levies, duties, charges and costs that may applicable in the execution of their respective roles and own project(s).
5.3.2. The Parties hereto have not made nor do they make representations regarding the tax consequences if any arising from this agreement, it being clearly understood that each party hereto will be responsible for the payment of any taxes, imposts, levies or other charges assessed against it or withholdings that may be made in the conduct of such business transactions or from the distribution to it or profits or yields that may be derived from the exit opportunities.
5.3.3. In the event that a party hereto incurs any such tax obligation(s), that party will be responsible for the payment of such obligation(s) and shall indemnify and hold the other party hereto harmless against any and or claims, demands or expenses incurred in defending any such claim or demand newer arising.
6) DEFAULT NON PERFORMANCE
6.1. The parties agree to make all their possible to realize this agreement, if within thirty (30) calendar days, except the usual and traditional periods of holidays and annual interruption of activity in this financial domain, if any progress or any realization is noticed, it will be applied the following measures:
6.2. In the event of default, non-performance or circumvention or the putting in failure of this Agreement by one of party, the injured party (victim) or circumvented party shall be entitled to a legal monetary penalty and equal to the maximum service that the injured party would normally have realized (collected) from such a transaction plus any and all expenses, including but not limited to all legal costs and expenses incurred to recover the lost revenue from the party which has circumvented directly or indirectly.
6.3. EXPENSES AND LOSSES OF PARTIES For the losses, caused by non-fulfillment or/and untimely fulfillment of obligations by one Party, suffered Party have right to claim compensation for the really originated and documentary confirmed losses.
7) TERM OF VALIDITY, DURATION AND TERMINATION OF AGREEMENT
7.1. The herein agreement will have a duration of 30 days, renewable one (1) times by tacit agreement and/or for the duration of the financial transaction defined in articles 1 to 7 above.
7.2. The terms of this agreement shall be for five years from the date of signature of this agreement if will apply to any transaction, which includes subsequent follow-ups, repeated and extended or re-negotiated transactions.
7.3. Present Agreement can be terminated by mutual written decision of all Parties of present Agreement.
7.4. Conditions of present Agreement are obligatory to all Parties of Agreement and can be changed only with mutual agreement of all Parties of Agreement, made on written. Parties will insert all changes and additions in Appendices to the present Agreement, which are integral part of present Agreement, in order, specified in present Agreement.
7.5. No Party has right to transfer its rights under present to third person without written permission of other Parties of Agreement.
8) LAW AND ARBITRATION
8.1. The parties will have to do everything possible to settle amicably any controversy or dispute, which could bring them into conflict. Arrangements, which are not mentioned in the present agreement, will be governed by the regulation clauses published by the customs and the jurisprudence of the arbitration court of the I.C.C. of Geneva, Switzerland.
8.2. Any unsettled matters shall be settled through discussions by the parties and shall be subject to additional Agreements or Amendments, which shall be an integral part of this Agreement and shall be as legally binding as this Agreement, when attached hereto.
8.3. Any controversy of claim arising out of or in relation with the interpretation, the execution or not of the present agreement, the parties declare to take up residence within the customs and the jurisprudence of the arbitration court of the I.C.C. of Geneva, Switzerland.
8.4. The English language is the governing language and understandings of this agreement between the parties. Furthermore, any notices due shall be made in the English language.
8.5. The present agreement links beyond dispute heirs and legal successors so that they will benefit from it as well as be forced by it.
8.6. The parties are bound at this full recourse commercial contract, as soon as the signatures are appended. In case of fax transmission of this agreement, the parties hereby accept this fax-or E-mail transmission as binding original.
Whereas the Parties confirm they have read and have fully understood the contents of this Agreement and have freely signed below and by doing so have accepted and approved all the covenants, terms, conditions and procedures of this Agreement;
Authorizer (Funds Provider/ SENDER / Investor) of the above Allocation of Funds
On this 29/03/20
_________________________________________
Mr.
Signed by the Funds Provider/ SENDER / Investor
Executor (Receiver / Party B)
On this 29/03/20
_________________________________________
Company: Pt. Srikandi Minning Resource
Name: Mrs. Rizky Hanna Kurnia
Passport No.: X192929
PassportIssue Date: 24March 2016
PassportExpiry Date: 24March 2021
Country ofIssue: Indonesia
Signed by the RECEIVER/PARTY B
ANNEXES
ANNEX A - PASSPORT COPY PARTY A “INVESTOR”
ANNEX B - PASSPORT COPY PARTY B “RECEIVER
ANNEX C – TABLE OF CODES OF PARTY A
ANNEX D– TABLE OF CODES OF PARTY B
ANNEX A
PASSPORT COPY PARTY A “INVESTOR”
ANNEX B
PASSPORT COPY PARTY B “RECEIVER”
date: Apr 29, 2020, 3:18 PM
subject: Re:
mailed-by: gmail.com
signed-by: hotmail.com
We are Party B has a MT104 DDRT deal and looks for Party A
Ratio : (our side - Party B) 30+10 / (your side - Party A) 55+5
Party B Bank : Indonesia
Procedure :
Party A will instruct his bank to issue a swift message MT199 or MT799 to the Party B bank, confirming the availability to receive the payment request through swift MT104 DDRT
Party B bank will send contract face value of MT104 DDRT to the Party A bank
Within three (3) Banking Days the Party A sends to Party B an email message for the acknowledgement of the swift MT 104. Payment of 100% of face value to Party B, such payment will be affected by SWIFT MT103 wire transfer
Then Party “B” will transfer 70% of the amounts received to the accounts designated by Party A and other facilitators specific in this agreement within 72.
We are looking for party A and Can you do it?
---
INVESTMENT AGREEMENT VIA DIRECT DEBIT SWIFT MT104
NO: FOSSCO-20116-1189
ATTACHMENT TO: MUTUAL CO-OPERATION PROJECT FUNDING BETWEEN TWO PARTIES
SIGNED FOR AND ON BEHALF OF PARTY - A (INVESTOR)
BUSINESS NAME
REPRESENTED BY / POSITION:
PASSPORT No:
DATE OF ISSUE:
DATE OF EXPIRY:
COUNTRY OF ISSUE:
INCORPORATION #
COMPANY ADDRESS
BANK
BANK ADDRESS
BANK ACCOUNT
ACCOUNT NAME
BANK OFFICER
BANK OFFICER PHONE
BANK EMAIL
SWIFT
SIGNED FOR AND ON BEHALF OF PARTY - B (RECEIVER/ DEVELOPER)
BUSINESS NAME : PT. SRIKANDI MINNING RESOURCE
REPRESENTED BY / POSITION: Mrs. Rizky Hanna Kurnia / (CEO)
PASSPORT No: X192929
DATE OF ISSUE: 24 March 2016
DATE OF EXPIRY: 24 March 2021
COUNTRY OF ISSUE: Indonesia
INCORPORATION # : AHU.12951.AH.01.01.TAHUN 2011
REGISTRATION ADDRESS : GedungMenaraAnugerahLt. 27 – E 3.3. Mega Kuningan , Jakarta Selatan – Indonesia – Postal code : 12950
BANK : PT BANK SYARIAH MANDIRI
BANK ADDRESS : KARAWANG BRANCH, JL. TUPAREV NO.266 KARAWANG, JAWA
BARAT
BANK ACCOUNT : 7139114967
ACCOUNT NAME : SRIKANDI MINNING RESOURCE PT.
BANK OFFICER : OTTO H. KURNIAWAN
SWIFT : BSMDIDJA
EMAIL TBA
PARTY A AND PARTY B are referred to individually as “PARTY” and collectively as the “PARTIES”.
PARTY A AND PARTY B HAVING ALL NECESSARY POWER AND AUTHORITY, AND ACTING ACCORDING TO EXISTING LAWS, TO CONCLUDE and execute THE PRESENT AGREEMENT as well as agree to be bound by its terms and conditions under the penalty and other consequences.
WHEREAS ALL the Parties hereto are desirous of entering into this Agreement FOR THE PURPOSE OF DEVELOPING THEIR OWN INVESTMENT PROJECTS IN OIL PRODUCTS TRADING PROJECTS CONTEMPLATED HEREIN FOR THE MUTUAL BENEFIT ONLY and not for other purposes whatsoever.
WHEREAS, THE PARTY BHAS SPECIAL EXPERIENCE IN THE AREAS OF OIL PRODUCT TRANSACTION, and PARTY A HAS SPECIAL EXPERIENCE IN MANAGEMENT OF SERVER FUNDS, ISSUING OF SECURITIES, as well as work on securities market necessary for execution of this transaction.
WHEREAS THE PARTIES HERETO WARRANT THAT The Funds are ALL good, clean, clear, non-criminal ORIGIN, without any traces of illegality or unlawfulness whatsoever, cash funds of an amount of €50.000.000.00 (50 Million Euros),as a trial. These Funds are available to transfer by SWIFT MT104 DDTR to the RECEIVER’s Bank Account according to the procedures described in this Agreement and to be transacted, for making the investments.
WHEREAS the Parties hereto with full corporate responsibility, under the penalty of perjury, declare that they will upon the execution of this Agreement complete the transaction contemplated herein, except on circumstances of force majeure and government sanctions, if such appear. The parties hereto shall not be liable for any failure to perform under the “force majeure” provisions of the ICC, Switzerland.
WHEREAS the Parties herein agree that each party has the full right to use and choose whatever company or consultant more suitable to carry out this agreement, to successfully complete the present transaction.
WHEREAS PARTY B agrees to assist Party A in the opening of large volume bank accounts at the receiving bank and any duly agreed bank by the Party A where the funds to be transmitted by PARTY B can be transferred to OTHER ACCOUNTS (this option is not mandatory).
WHEREAS PARTY B agrees to transfer funds from own sources, obtained from the use of the FUNDS received from Party A (non-downloaded funds), to Party A. In case Party B does not have such own funds is to arrange with the Central Bank or its bank a credit line and/or a loan and use the downloaded funds as collateral and transfer funds to Party A.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, TERMS AND CONDITIONS HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY THE GROUP PARTIES HERETO, THE GROUP PARTIES HEREBY AGREE AS FOLLOWS:
1) SUBJECT OF AGREEMENT
1.1. In accordance with the provisions of this Agreement and general principles and regulations of the management of the financial resources the “Investor” instructs, and the “Developers” undertake to utilize their respective portion of received funds in investment projects as mentioned in this Agreement.
1.2. The Investor's financial resources made available to itself, Party B hereinafter referred to as the "Investments".
1.3. According to the laws of and for execution of the Law of About the regime of foreign international investing for the Parties, the subject of this Agreement is investment activity of the respective party of the Parties, which is not connected with creation of new legal entities, on the following directions: investments in commercial sphere, Minerals mining support, OIL products TRADING investments, etc.
1.4. Party B’s key aim and usage of the funds derived from this transaction is MAINLY, but not limited, for the Oil Products Trading.
1.5. The High Contracting "Parties", in order to strengthen bilateral friendly international relations are intended to cooperate in the following make own projects at the expense of own funds and financial opportunities as well as attracting involving partners.
1.5.1. Promoting involvement in the real economy, and private regional priority investment projects and mergers/acquisition projects in the sectors of public health, medical care, elderly care, biological science;
1.5.2. Promoting a balanced and sustainable growing system of financial support for projects and programs in priority areas; such as: green economy related projects, agriculture, energy, waste management, waste to energy, desalination plants, water treatment, education, youth development, transportation, commercial and residential real estate, transportation, sports & lifestyle, different types of Industries, Oil & Gas, Precious Minerals mining support services, polished diamonds (jewelry) investments, humanitarian aid and others.
1.5.3. Minimizing investment and commercial risks involved in the implementation of projects.
1.5.4. Can also carry out reinvestment in the objects of the primary investment and other objects of investment and reinvestment
1.5.5. Can extend kinds and spheres of investment activity and, if necessary, make the additional agreements. The Addendum and changes may be brought to this agreement by mutual agreement of the Parties, which will to be fixed by separate protocols, which, after the signing of “Parties”, are considered as integral part hereof;
2) INVESTOR, Funds Provider (SENDER) Cash Funds Description;
INSTRUMENT SWIFT MT104 DDTR
TOTAL FUNDS FACE VALUE €500.000.000.00 (500 Million Euros) with R&E.
SHARING RATIO : Party A (Investor): 55% (fifty-five Percent) of the total value of each
transaction.
Party B (Receiver): 30% (Thirty Percent) of the total value of each transaction.
FEE SHARING RATIO: Party C (Investor): 5% (Five Percent) (facilitators of Investor)
FEE SHARING RATIO: Party D (Receiver): 5% (Five Percent) (facilitators of receiver)
Party E (Receiver): 5% (Five Percent) (facilitators of receiver)
CURRENCY: EURO
DELIVERY: SWIFT MT104 DDTR SERVER TO SERVER
SHARING PAYMENT: SWIFT MT103 Wire Transfer
BANKING COORDINATES
INVESTOR, Funds Provider (SENDER) Bank
BANK NAME:
BANK ADDRESS :
ACCOUNT NAME:
ACCOUNT NUMBER:
SWIFT / BIC CODE:
BANK OFFICER NAME:
BANK TELEPHONE / FAX:
RECEIVER, Funds Receiving Bank
BANK NAME: P T BANK SYARIAH MANDIRI
BANK ADDRESS : KARAWANG BRANCH, JL. TUPAREV NO.266 KARAWANG, JAWA BARAT
ACCOUNT NAME: SRIKANDI MINNING RESOURCE PT.
ACCOUNT NUMBER: 7139114967
SWIFT / BIC CODE: BSMDIDJA
BANK OFFICER NAME: OTTO H. KURNIAWAN
BANK TELEPHONE/ FAX: (0267) 418451/418452 (HUNTING)
PAYOUT ACCOUNT’S
2.1. INVESTOR (Project) Final Receiving Banking Coordinates: 55% of the Total Funds Face Value.
PARTY A - BANK COORDINATES
BANK NAME
BANK ADDRESS
ACCOUNT NAME
Account №/ IBAN
SWIFTCODE
PARTY A is entitled to use one or more bank accounts and/or companies for receiving equivalent USD and EURO, which accounts are subject to change at any time by written notice of PARTY A .
2.2. PARTY B RECEIVER – Final Receiving Banking Coordinates: 30% of the Total Funds Face Value to the following bank coordinates or to any of the Party B’s bank accounts:
PARTY B - BANK COORDINATES
BANK NAME BANK NEGARA INDONESIA (PERSERO) TBK
BANK ADDRESS JI. PAHLAWAN NO. 140, KEPOSAN, KEBUMEN, KEC. KEBUMEN, KABUPATEN KEBUMEN, JAWA TENGAH 54311, INDONESIA
ACCOUNT NAME PT. SRIKANDI MINNING RESOURCE
Account №/ IBAN 0802043498
SWIFTCODE BNINIDJAXXX
2.3 PARTY C – PAY MASTER INVESTOR - Final Receiving Banking Coordinates: 5% of the Total Funds value to the following bank coordinates or to any of the Party C’s bank account
PARTY C - BANK COORDINATES
BANK NAME
BANK ADDRESS
ACCOUNT NAME
Account №/ IBAN
SWIFTCODE
2.4 PARTY D – PAY MASTER RECEIVER 1 - Final Receiving Banking Coordinates: 2.5% of the Total Funds value to the following bank coordinates or to any of the Party D’s bank account
COMMISSION
PARTY “D1” 1.5% OF INVESTMENT DISBURSEMENT PAYMENT OF FACE VALUE INCLUDING R&E TO THE FOLLOWING ACCOUNT:
COMPANY NAME:
REPRESENTED BY:
BANK NAME
BANK ADDRESS:
ACCOUNT NAME:
ACCOUNT NUMBER:
SWIFT CODE:
BANK CONTACT NUMBER:
SPECIAL INSTRUCTION ALL SWIFT MT103 / TT TRANSFERS INSTRUCTION SHALL STATE: “FUNDS ARE GOOD, CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANYLIENS AND ENCUMBRANCES, FREELY TRANSFERABLE AND PAYABLE IN CASH IMMEDIATELY, SAME DAY FOR IMMEDIATE CREDIT UPON RECEIPT BY BENEFICIARY’S BANK”.
- A COPY OF BANK INSTRUCTION SHALL BE EMAILED AFTER TRANSFER IMMEDIATELY TO:
EMAIL ADDRESS :
COMMISSION
PARTY “D2” 1% OF INVESTMENT DISBURSEMENT PAYMENT OF FACE VALUE INCLUDING R&E TO THE FOLLOWING ACCOUNT:
BANK NAME:
BANK ADDRESS:
ACCOUNT NAME:
ACCOUNT NUMBER:
SWIFT CODE:
BANK OFFICER NAME:
BANK TELEPHONE NO.:
BENEFICIARY
SPECIAL INSTRUCTION ALL SWIFT MT103/202 TRANSFERS INSTRUCTION SHALL STATE: “FUNDS ARE GOOD, CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANYLIENS AND ENCUMBRANCES, FREELY TRANSFERABLE AND PAYABLE IN CASH IMMEDIATELY, SAME DAY FOR IMMEDIATE CREDIT UPON RECEIPT BY BENEFICIARY’S BANK”.
- A COPY OF BANK INSTRUCTION SHALL BE EMAILED AFTER TRANSFER IMMEDIATELY TO:
PARTY D PAY MASTER RECEIVER 2 - Final receiving Banking Coordinates: 2.5 % of the total Funds face value to the following bank coordinates or to any of the part D’s bank account
PARTY D3 - BANK COORDINATES
BANK NAME
BANK ADDRESS
ACCOUNT NAME
Account №/ IBAN
SWIFTCODE
SPECIAL INSTRUCTION ALL SWIFT MT103/202 TRANSFERS INSTRUCTION SHALL STATE: “FUNDS ARE GOOD, CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANYLIENS AND ENCUMBRANCES, FREELY TRANSFERABLE AND PAYABLE IN CASH IMMEDIATELY, SAME DAY FOR IMMEDIATE CREDIT UPON RECEIPT BY BENEFICIARY’S BANK”.
- A COPY OF BANK INSTRUCTION SHALL BE EMAILED AFTER TRANSFER IMMEDIATELY TO:
2.5 PARTY E PAY MASTER RECEIVER 1 - Final receiving Banking Coordinates: 2.5 % of the total Funds face value to the following bank coordinates or to any of the part E’s bank account
PARTY E1 - BANK COORDINATES
BANK NAME
BANK ADDRESS
ACCOUNT NAME
Account №/ IBAN
SWIFTCODE
SPECIAL INSTRUCTIONS ALL SWIFT MT103/202 TRANSFERS INSTRUCTION SHALL STATE: “FUNDS ARE GOOD, CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANYLIENS AND ENCUMBRANCES, FREELY TRANSFERABLE AND PAYABLE IN CASH IMMEDIATELY, SAME DAY FOR IMMEDIATE CREDIT UPON RECEIPT BY BENEFICIARY’S BANK”.
- A COPY OF BANK INSTRUCTION SHALL BE EMAILED AFTER TRANSFER IMMEDIATELY TO:
PARTY E PAY MASTER RECEIVER 2- Final receiving Banking Coordinates: 2.5 % of the total Funds face value to the following bank coordinates or to any of the part E’s bank account
PARTY E2 - BANK COORDINATES
BANK NAME
BANK ADDRESS
ACCOUNT NAME
Account №/ IBAN
SWIFTCODE
SPECIAL INSTRUCTIONS ALL SWIFT MT103/202 TRANSFERS INSTRUCTION SHALL STATE: “FUNDS ARE GOOD, CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN, FREE FROM ANYLIENS AND ENCUMBRANCES, FREELY TRANSFERABLE AND PAYABLE IN CASH IMMEDIATELY, SAME DAY FOR IMMEDIATE CREDIT UPON RECEIPT BY BENEFICIARY’S BANK”.
- A COPY OF BANK INSTRUCTION SHALL BE EMAILED AFTER TRANSFER IMMEDIATELY TO:
EMAIL ADDRESS :
3) TRANSACTIONPROCEDURES
3.1 Party‐A completes/signs/seals this Agreement and submits them to Party‐B via e‐mail, along with the compliance documents, which shall include the following:
• Present Agreement with all annexes;
• Copy of the authorized signatory’s passport.
3.2 Party‐B verifies, approves, completes and counter signs/seals this Agreement electronically.
3.3 Each Party puts this Agreement in his nominated bank and notifies the other Party through its authorized e-mail.
3.4 Party A will instruct his bank to issue a swift message MT199 or MT799 to the Party B bank, confirming the availability to receive the payment request through swift MT104 DDRT.
3.5 Party B bank will send contract face value of MT104 DDRT to the Party A bank
3.6 Within three (3) Banking Days the Party A sends to Party B an email message for the acknowledgement of the swift MT 104. Payment of 100% of face value to Party B, such payment will be affected by SWIFT MT103 wire transfer.
3.7 Then Party “B” will transfer 70% of the amounts received to the accounts designated by Party A and other facilitators specific in this agreement within 72 hours.
4) CONFIDENTIAL INFORMATION AND SECURITY
CONFIDENTIALITY, The parties, appointed as an individual, and their associates agree that themselves, their employees, subsidiaries, agents, advisers, associates will not treat, conclude and will not be involved in any transaction, separately or individually, with any company , enterprise, firm or person introduced by the other party without having received a prior authorization.
4.1. LEGAL RELATIONSHIP, Each of the named signatories confirms that every company, organization, firm or person to which the signatories belong or for which they act as agents, employees or any other quality and who could benefit from a piece of information on this purpose are linked by this agreement.
NON-SOLICITATION, Receiver hereby confirms and declares that Investor, its associates or representatives or any person or persons on its behalf has/have never been solicited by any party, or associates or representatives in any way whatsoever that can be construed as a solicitation for this transaction or for future transactions.
4.2. NO CIRCUMVENT OR HAMPER,
4.2.1. The signatories who are legally and irrevocably linked by the present agreement, agree not to circumvent or hamper each other, directly or not, to avoid the payment or the collection of duties or commissions of any associate, legal or individual entity notified by one of the parties to the other party.
4.2.2. Each party agrees not to disclose or reveal in any way and to anybody, any confidential piece of information given by the other party, particularly those concerning the people co-ordinates or any other way to get in touch with them excepted with the express written consent of the other party.
4.3. UNAUTHORIZED BANK COMMUNICATION; Neither Party is allowed to contact the bank of the other Party without the written authorization for that of the Party whose bank is to be contacted. Any unauthorized contact act of either Party of this Agreement is considered as a breach of this Agreement and shall cause this Agreement immediate cancellation, and transaction becomes null and void.
5) DUTIES AND RESPONSIBILITY OF THE PARTIES
5.1. USE OF FUNDS AND RESPONSIBILITY FOR EXECUTING OF ITS OWN PROJECT(S);
5.1.1. Each party shall be solely responsible for use of funds received in the amounts allocated and planned for his project(s) which will be used only for legal purposes.
5.1.2. Each party will be the lone responsible in the execution of his projects and for the performing of his own project and for its management, also of the right applicable and consequent execution of the works and the respect for the laws and regulations also for the management and the security of the construction works’ staff even indirectly connected to this realization and accepts to be submitted separately to any verification would be required by authorities.
5.1.3. Each Party carries sole responsibility for their obligations to third persons, if other is not stipulated in additional agreements about responsibility to third person.
5.1.4. Each party will not be involved in a potential dispute resulting from the realization of a project of another party and its management. The liability of Party B is limited to the achievement of the project goals and the good execution of the agreed funding for each project and in proportion to the share of attributed to each party as defined in Point 2.
5.1.5. Either Party if it breaches its obligations under present Agreement it is obliged immediately inform about such fact to the other Party and eliminate all breaches.
5.2. INDIVIDUAL COST AND CHARGES
Each party agrees to be responsible for their individual institutional costs, and their own bank charges and any other costs, expenses, fees and commissions as may be payable for each release of funds.
5.3. TAX AND FISCAL CONDITIONS
5.3.1. The Parties are to be individually liable for their own taxes, levies, duties, charges and costs that may applicable in the execution of their respective roles and own project(s).
5.3.2. The Parties hereto have not made nor do they make representations regarding the tax consequences if any arising from this agreement, it being clearly understood that each party hereto will be responsible for the payment of any taxes, imposts, levies or other charges assessed against it or withholdings that may be made in the conduct of such business transactions or from the distribution to it or profits or yields that may be derived from the exit opportunities.
5.3.3. In the event that a party hereto incurs any such tax obligation(s), that party will be responsible for the payment of such obligation(s) and shall indemnify and hold the other party hereto harmless against any and or claims, demands or expenses incurred in defending any such claim or demand newer arising.
6) DEFAULT NON PERFORMANCE
6.1. The parties agree to make all their possible to realize this agreement, if within thirty (30) calendar days, except the usual and traditional periods of holidays and annual interruption of activity in this financial domain, if any progress or any realization is noticed, it will be applied the following measures:
6.2. In the event of default, non-performance or circumvention or the putting in failure of this Agreement by one of party, the injured party (victim) or circumvented party shall be entitled to a legal monetary penalty and equal to the maximum service that the injured party would normally have realized (collected) from such a transaction plus any and all expenses, including but not limited to all legal costs and expenses incurred to recover the lost revenue from the party which has circumvented directly or indirectly.
6.3. EXPENSES AND LOSSES OF PARTIES For the losses, caused by non-fulfillment or/and untimely fulfillment of obligations by one Party, suffered Party have right to claim compensation for the really originated and documentary confirmed losses.
7) TERM OF VALIDITY, DURATION AND TERMINATION OF AGREEMENT
7.1. The herein agreement will have a duration of 30 days, renewable one (1) times by tacit agreement and/or for the duration of the financial transaction defined in articles 1 to 7 above.
7.2. The terms of this agreement shall be for five years from the date of signature of this agreement if will apply to any transaction, which includes subsequent follow-ups, repeated and extended or re-negotiated transactions.
7.3. Present Agreement can be terminated by mutual written decision of all Parties of present Agreement.
7.4. Conditions of present Agreement are obligatory to all Parties of Agreement and can be changed only with mutual agreement of all Parties of Agreement, made on written. Parties will insert all changes and additions in Appendices to the present Agreement, which are integral part of present Agreement, in order, specified in present Agreement.
7.5. No Party has right to transfer its rights under present to third person without written permission of other Parties of Agreement.
8) LAW AND ARBITRATION
8.1. The parties will have to do everything possible to settle amicably any controversy or dispute, which could bring them into conflict. Arrangements, which are not mentioned in the present agreement, will be governed by the regulation clauses published by the customs and the jurisprudence of the arbitration court of the I.C.C. of Geneva, Switzerland.
8.2. Any unsettled matters shall be settled through discussions by the parties and shall be subject to additional Agreements or Amendments, which shall be an integral part of this Agreement and shall be as legally binding as this Agreement, when attached hereto.
8.3. Any controversy of claim arising out of or in relation with the interpretation, the execution or not of the present agreement, the parties declare to take up residence within the customs and the jurisprudence of the arbitration court of the I.C.C. of Geneva, Switzerland.
8.4. The English language is the governing language and understandings of this agreement between the parties. Furthermore, any notices due shall be made in the English language.
8.5. The present agreement links beyond dispute heirs and legal successors so that they will benefit from it as well as be forced by it.
8.6. The parties are bound at this full recourse commercial contract, as soon as the signatures are appended. In case of fax transmission of this agreement, the parties hereby accept this fax-or E-mail transmission as binding original.
Whereas the Parties confirm they have read and have fully understood the contents of this Agreement and have freely signed below and by doing so have accepted and approved all the covenants, terms, conditions and procedures of this Agreement;
Authorizer (Funds Provider/ SENDER / Investor) of the above Allocation of Funds
On this 29/03/20
_________________________________________
Mr.
Signed by the Funds Provider/ SENDER / Investor
Executor (Receiver / Party B)
On this 29/03/20
_________________________________________
Company: Pt. Srikandi Minning Resource
Name: Mrs. Rizky Hanna Kurnia
Passport No.: X192929
PassportIssue Date: 24March 2016
PassportExpiry Date: 24March 2021
Country ofIssue: Indonesia
Signed by the RECEIVER/PARTY B
ANNEXES
ANNEX A - PASSPORT COPY PARTY A “INVESTOR”
ANNEX B - PASSPORT COPY PARTY B “RECEIVER
ANNEX C – TABLE OF CODES OF PARTY A
ANNEX D– TABLE OF CODES OF PARTY B
ANNEX A
PASSPORT COPY PARTY A “INVESTOR”
ANNEX B
PASSPORT COPY PARTY B “RECEIVER”