Category: Article

The Mandatory Agenda of the Annual General Meeting of Shareholders in Indonesia

The Mandatory Agenda of the Annual General Meeting of Shareholders in Indonesia The Mandatory Agenda of the Annual General Meeting of Shareholders in Indonesia

“The annual General Meeting of the Shareholders holds within 6 (six) months at the latest after the financial year ends.” Company certainly has many activities every year. Within the corporation there are also running organs such as the Board of Directors, Board of Commissioners, or Staff and there are also Shareholders of the Company. As […]

The Substantial Things in Drafting and Legalization of Company Regulation

The Substantial Things in Drafting and Legalization of Company Regulation The Substantial Things in Drafting and Legalization of Company Regulation

“While company regulations have been regulated by the prevailing Manpower Law, there are many other matters which need to be stipulated specifically by the company regulation so that the company regulation can be legalized by the Manpower Authorities and binding within the company.” Under the Law No. 13 of 2003 concerning Manpower (as has been […]

Digital Bank in Indonesia

Digital Bank in Indonesia Digital Bank in Indonesia

“Digital banks run and operate their business mainly electronically without a physical office (excluding their head office) or using a limited number of physical offices.” The digital era has grown rapidly within the last decade. Lots of industries are now utilizing digital platform as a media to grow and reach customers. The Banking Industry is […]

Updating on the Abolishing Requirement of the Legalization for Foreign Public Documents

Updating on the Abolishing Requirement of the Legalization for Foreign Public Documents Updating the Abolishing Requirement of the Legalization for Foreign Public Documents

“The Republic of Indonesia ratified the Hague Convention Abolishing the Requirement of Legalization. Accordingly, it will no longer require embassy legalization for categorized as public documents and replacing them with Apostille.” Public documents that issued or signed in abroad that will be used in other countries is required to get legalized to proof the authenticity […]

The Obligation to Maintain a Shareholders Register Book of the Company

The Obligation to Maintain a Shareholders Register Book of the Company The Obligation to Maintain a Shareholders Register Book of the Company

”Director must conduct and maintain the Shareholders Register Book, including recording the day and date of shares transfer, change ownership, and pledge of shares or fiduciary security that the provisions of the law have been registered.” Company establishment is required to have a minimum 2 (of two) shareholders that oblige to subscribe to shares reflected […]

Understanding the Principe of Multiple Voting Rights in Indonesia

Understanding the Principe of Multiple Voting Rights in Indonesia Understanding the Principe of Multiple Voting Rights in Indonesia

“Financial Service Authority has stipulated Regulation No. 22/POJK.04/2021 (“POJK 22/2021”) about Multiple Voting Shares, which give more than 1 (one) Voting Rights to shareholders. The Issuers which can issue Multiple Voting Shares is the Company that uses technology to create products that increase productivity and economic growth and have a substantial social impact.” On 11 […]

Foreign Electronic System Operator (ESOS/PSE) Registration in Indonesia

Foreign Electronic System Operator (ESOS/PSE) Registration in Indonesia Foreign Electronic System Operator (ESOS/PSE) Registration in Indonesia

“Every Electronic System Operator Provider that is operating in Indonesia is obligated to be registered.” 1. Overview of Trade Through Electronic System in Indonesia Article 1 point (3) of the Ministry of Trade Regulation Number 31 of 2023 concerning Provisions of Business Licensing, Advertising, Development, And Supervision Of Business Actors in Trading through Electronic Systems (“MoT […]

Choice of Law and Choice of Forum in Commercial Contracts

Choice of Law and Choice of Forum in Commercial Contracts Annual GMS of Limited Liability Company (PT) in Indonesia

“In accordance with the principle of freedom of contract, any contracting parties can determine the choice of law and the choice of forum in commercial contracts. While it is not mandatory to do so, determining such choices can be beneficial to the contracting parties under certain considerations.” In Indonesia, the laws and regulations acknowledge a […]

Digital Signature and Its Requirement for Legalization Process

Digital Signature and Its Requirement for Legalization Process Digital Signature and Its Requirement for Legalization Process

“By Indonesian law, a Digital Signature has been properly acknowledged and regulated. However, while having similar legal enforceability of a wet signature on paper, a Digital Signature must still undergo a legalization process if the signing is conducted outside of Indonesia.” Pursuant to Law No. 19 of 2016 concerning Amendment of Law No. 11 of […]

An Investment Activity Report [LKPM]: One of The Obligations for PMA Company

An Investment Activity Report [LKPM]: One of The Obligations for PMA Company An Investment Activity Report [LKPM]: One of The Obligations for PMA Company

“The purpose of LKPM serve as means of conveying report on investment realization and communication between BKPM and business actors, including the PMA Company.” Law Number 25 of 2017 on Capital Investment (“Investment Law”) has obliged all business actors to create an Investment Activity Report (“Laporan Kegiatan Penanaman Modal” or “LKPM”) and submitted to Indonesia […]