FREQUENTLY ASKED QUESTION

Please see some frequently asked questions and answers below, or contact us

Establishment of PT

  • 1. What are the requirements for creating a PT PMDN (Domestic Capital Company)?

      Established by at least 2 Shareholders who can also be Management (Director and Commissioner) Minimum paid up capital of IDR. 51,000,000,- (Small Scale). All business fields are open to PT PMDN, however there are some business fields that cannot be combined with other business fields (business fields that are included in single purpose). Company business domicile. Documents required are KTP, KK, and NPWP (active and validated) and No. Cell phones and emails of the founders.
  • 2. What are the requirements for creating a PT PMA (Foreign Capital Company)?

      Established by at least 2 Shareholders who can also be Management (Director and Commissioner) Minimum paid up capital of IDR. 2,500,000,000,-. For PT PMA you must also determine the business activities you want to carry out first and you must also look at the Negative Investment List issued by the Government which regulates the maximum foreign capital. Company business domicile. The documents required are KTP, KK and NPWP. for Indonesian citizens and valid passport and KITAS if available for foreign citizens, as well as No. Cell phone and email from the founders, we can request additional documents if needed. For more clarity and details, we have a form available that must be filled in by the client
  • 3. What are the requirements for selecting a PT name. PMDN and PT. PMA?

      For PT PMDN you must use Indonesian with a minimum of 3 syllables. For PT PMA you can use a foreign language with a minimum of 3 syllables
  • 4. How do you determine and choose the business field or aims and objectives that will be stated in the deed?

    The business field and/or aims and objectives in the deed must currently be based on the 2020/2017 KBLI issued by BPKM (can be seen and downloaded on our menu), then determine what business field your company will run, based on the code, title and description of the activities carried out. If there is a business field that is not suitable, you can choose a business field that is close to the required business activities, because currently the business field cannot only be trade or services (general), so you have to be more specific in the business field chosen. And then check again whether the selected business field is included in the single purpose business field or not.

  • 5. Do NIB permits, SIUP and other commitment permits have to be extended like the old SIUP and TDP?

    OSS permits (NIB, SIUP, Business Permit and Location Permit) currently have no validity period, however if there are changes to activities to be carried out, new business fields and business permits must be added.

  • 6. Why may commitment permits for some business fields not be effective?

    Commitment permits may not be effective because the business sector chosen by the business actor will be processed at the OSS and to fulfill the business permit acquisition, the requirements of the relevant agencies and ministries must be met within the specified time. However, within the specified time period, business actors can still carry out their chosen business.

  • 7. How long does the PT establishment process take?

    The process of establishing a PT can be carried out in just 5 days after the deed of establishment is signed (the process which will include making a copy of the deed, SK MENKUMHAM, NPWP, Domicile, NIB, SIUP, Location Permit, BPJS Employment, BPJS Health), BNRI will be sent directly by Printing Republic of Indonesia.

Company Changes

  • 1. What documents are needed to make changes to the Company's deed?

      Photocopy of the deed and Decree of the MENKUMHAM from the beginning of its establishment until the last changes made Photocopy of KTP and NPWP (active and validated) of all Directors, Board of Commissioners and Shareholders Cellphone numbers and email addresses of all Directors, Board of Commissioners and Shareholders Letterhead and company stamp (if already available)
  • 2. Can several changes to the articles of association be carried out in one deed?

    Yes, in one deed of amendment several amendment agendas can be made, for example changes to the Board of Directors and Board of Commissioners with changes to increase capital and transfer of shares. However, it is best to consult first.

  • 3. What things must be prepared if you want to make changes to the company deed?

    Determine what changes you want to make, and documents related to the changes must be completed first. If there is something missing, we can ask the client for additional documents/information.

Dissolution of the Company through a GMS Decision

  • What should be considered ?

    If you want to dissolve your company, one method of dissolution that can be done is through a decision from the General Meeting of Shareholders (GMS). Dissolution by decision of the GMS has been regulated in Chapter X of Law No. 40 of 2007 concerning Limited Liability Companies ("UUPT").

  • What is the attendance quorum and number of votes required at the GMS?

    Article 89 paragraph 1 of the Company Law states that the quorum for attendance at a GMS regarding the dissolution of a Company is valid if the meeting is held with the attendance of at least 3/4 (three quarters) of the total number of shares with voting rights present or represented at the GMS. Furthermore, the GMS decision to dissolve the company is valid if it is approved by at least 3/4 (three quarters) of the total votes cast. Exceptions to this provision are given to companies which in their articles of association determine a quorum for attendance and/or provisions regarding requirements for larger GMS decision making.

  • What if the attendance quorum at the GMS is not reached?

    If the attendance quorum at the GMS is not reached, the company can hold a second GMS. The attendance quorum at the second GMS is at least 2/3 (two thirds) of the total number of shares with voting rights present or represented at the GMS. The second GMS decision is valid if it is approved by at least 3/4 (three quarters) of the total votes cast. Exceptions to this provision are given to companies which in their articles of association determine a quorum for attendance and/or provisions regarding requirements for larger GMS decision making.

Legal Entity Licensing

  • 1. What permits will be obtained to establish a Legal Entity (PT)?

    Deed of establishment/amendment, Minister of Law and Human Rights Decree, Business Domicile Certificate and/or Location Permit, NPWP, NIB, SIUP, related Business Permit (according to the selected business field), BPJS Health, BPJS Employment, BNRI (will be sent directly by PNRI within a period of minimum time 3 months), PKP (if necessary, time adjusted to each KPP according to business location).

  • 2. What special permits can we help you with?

    We can help with processing IUMK, Tourism and Restaurant Permits, PIRT Permits, IUJK Permits, IUJPT Permits, SIPA permits, Business and Distribution permits in the field of Pharmacy, Medicinal Substances and Drugs, Labor permits, if all the required documents have been completed.

  • 3. How to determine whether the location of the business domicile that will be used is a permitted location and a permit can be issued?

    To determine the location/domicile of the business to be used, we will check the zoning first, so that when carrying out other licensing processes there are no obstacles to zoning and/or regional designation (especially the Jakarta area, using a zoning system)

Corporate Secretary

  • 1. Is a company obliged to hold an Annual GMS and when is it held?

    Yes, every company is required to hold an Annual GMS, and it is held within the first to sixth month, in the following year after closing the books.

  • 2. What agendas can be discussed at the Annual GMS?

    The agenda at the Annual GMS usually ratifies the previous annual report and determines the next year's work plan, determines the use of the company's net profit, appoints a public accounting firm, and other additional agenda items that can be included in the annual meeting agenda.

  • 3. If there is an agenda to change the basic budget and it is not possible to hold a meeting, what should be done?

    If a meeting cannot be held jointly, it can be held using a circular resolution mechanism (circulated decisions), provided that with this scheme, the agenda to be decided must be approved by all shareholders 100%, which is different from a meeting if there is something that is not agreeing is allowed because there is direct discussion and voting.

  • 4. What must be done to hold the GMS?

    In the implementation of the GMS, a meeting summons/invitation must be issued and a meeting announcement containing the place and date of the GMS, as well as the agenda for the Meeting, must be given to all shareholders.

Land

  • 1. What are the requirements for a land sale and purchase transaction?

      Original Certificate Photocopy of SPPT & STTS PBB for the current year (tax arrears paid off) Photocopy of Building Construction Permit (if any) Photocopy of identity of seller and buyer (if individual)
  • 2. What are the required documents needed in the Building Use Rights Extension process?

    Documents required for HGB extension are:

  • 3. What are the required documents needed in the process of upgrading Building Use Rights to Ownership Rights?

    The documents required to upgrade HGB to HM are:

  • 4. What are the required documents for the Removal of Mortgage Rights (Roya) Process?

    The documents required for mortgage rights are:

  • 5. What documents are needed in the inheritance process?

    The documents required in the inheritance process are:

BRAND REGISTRATION

  • 1. How long does the trademark registration process take?

    Registration is done online so it can be done more quickly. The registration process will go through various stages, namely the announcement stage to see whether there are any objection responses from third parties, followed by the inspection process and registration process.

  • 2. Is there a difference in the MSME brand registration process?

    The process is no different. The difference is in the registration fees paid to countries where trademark registration fees for MSMEs are lower.

  • 3. What is meant by objection from a third party to a registered mark?

    A third party can submit an objection response to a newly registered mark if the mark is substantially similar to an existing mark.

  • 4. What if there is an objection from a third party regarding the registered mark?

    We will help prepare a rebuttal answer at a different cost. Therefore, before brand registration is carried out, we always recommend that you first carry out a brand search analysis and consult with us about your brand.

CORPORATE SECRETARY MATTERS

  • 1. What services are provided for corporate secretary matters?

    The corporate secretary matters required by each company may vary. Please contact us to consult with our experienced consultants. We can also connect you with our extensive network of notaries if necessary.

  • 2. Can corporate secretary matters services be provided whenever needed?

    Please contact us to arrange any services you may need and a schedule that works for you.

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