Administrator Fees

An administrator is appointed to temporary postponement of payment of debt cases. The court will appoint an administrator after the creditors agree on a reconciliation proposal of the debtor. In a reconciliation proposal, the debtor will propose full or partial payment of the debts by the debtor after a given period.

Upon appointment by the court, the court will also decide on the administrator fees. The New Regulation sets the fees as follows:

  1. If the case results in a reconciliation of the debts of the debtor, the maximum administrator fee shall be maximum 5.5% of the debtor’s debt. Previously the maximum was set at 6%.
  2. If the case does not result in reconciliation of the debts of the debtor, the maximum administrator fee shall be 7.5% of the debtor’s debt. Previously the maximum was set at 8%.

Receiver Fees

A receiver is appointed to bankruptcy cases. The receiver fees are based on a percentage of the total settled assets, excluding the original debt. The New Regulation also decreases the receiver fees as follows:

  1. If the total settled assets are less than 50 billion rupiah, the fee shall be maximum 7.5% of the total settled assets. Previously the maximum was set at 8%.
  2. If the total settled assets are between 50 billion rupiah and 250 billion rupiah, the fee shall be maximum 5.5% of the total settled assets. Previously the maximum was set at 6%.
  3. If the total settled assets are between 250 billion rupiah and 500 billion rupiah, the fee shall be maximum 3.5% of the total settled assets. Previously the maximum was set at 4%.
  4. If the total settled assets are more than 500 billion rupiah, the fee shall be maximum 2% of the total settled assets. This fee is equal to the fee stipulated in Regulation 11 of 2016.

The New Regulation is in force as of March 31, 2017. Any administrators or receivers which were appointed before this regulation came in force, will still follow the fee schedule under the Regulation 11 of 2016.

This column is provided by PNB Law Firm Jakarta

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