Recently, the Ministry of Law and Human Rights (Ministry) issued regulation number 3 of 2017 on the Notary Fees for the Establishment of a Limited Liability Company for Micro, Small and Medium Sized Enterprises (New Regulation). The New Regulation is an implementation of the 12th economic policy package of the Indonesian Government. This economic policy package is an effort of the Indonesian Government to reduce business costs and improve the business climate for investors.
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05 June 2020 (closed)
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Latest Columns Company Establishment
When establishing a foreign investment limited liability company in Indonesia, there are several pitfalls foreign investors should be aware of. In the column of this week we discuss the most common pitfalls of foreign investors when establishing a limited liability company (PT PMA) in Indonesia. The pitfalls include the impact on investment when moving the business to another business location and the impact on investment when adding a business field / business activity to the PT PMA.
Company establishment in Indonesia by foreigners can be done through a specific limited liability company for foreign investors. Such company is known as a PT PMA. A PT PMA is subject to more stringent company establishment requirements as compared to local limited liability companies (known as PT). In the column of this week we discuss the requirement to invest more than 10 billion Indonesian rupiah (currently equivalent to approx. USD $750,000), the implementation thereof by foreign investors, and the consequences for not reaching the required investment amount.
The articles of association of an Indonesian limited liability company (a PT in case of local investment and PT PMA in case of foreign investment) are initially drafted at the establishment of the company. The articles of association form part of the deed of incorporation. In this week’s column we will discuss the provisions which regulate the content of the articles of association and other relevant requirements, which are set out in the Indonesian law number 40 of 2007 (Company Law).
In Indonesia a foreign investment limited liability company (PT PMA) and/or local investment limited liability company (PT) must obtain a Minister’s Decree regarding the legalization of the legal entity status of the company, based on article 7 (4) of law number 40 of 2007 (Company Law). In order to obtain such Minister’s Decree, the founders must submit an application to the Minister of Law and Human Rights (Minister). The exact requirements for submitting such legalization application are stated in article 9 (1) Company Law and Minister regulation number 4 of 2014 (Minister Regulation).
The limited liability company (local PT or foreign PT PMA) in Indonesia is regulated under law number 40 of 2007 (Company Law). The Company Law sets the minimum establishment requirements for a limited liability company, but does not regulate the different company types for limited liability companies in Indonesia. These are regulated in law number 20 of 2008 (SME Law) which essentially differentiates micro companies, small companies, medium companies and large companies. This column will discuss the differences in company types in Indonesia.
Both a foreign investment limited liability company (PT PMA) and local investment limited liability company (PT) must be established by two or more shareholders according to Article 7 of law number 40 of 2007 (Company Law). The shareholders can be individuals and/or legal entities of foreign or Indonesian nationality. In this column we will deepen the minimum requirements as set by the Company Law for shareholders in foreign and local limited liability companies.
Establishment of a company in Indonesia is done through a foreign investment and is subject to specific establishment requirements. A foreign investment is by law 25 of 2007 (Investment Law) defined as an investing activity conducted by a foreign investor for running a business inside Indonesia (including company establishment). Such foreign investment can be conducted either by using 100% foreign capital (which is subject to certain restrictions) or by partially using domestic capital. A foreign investor can be a foreign person, a foreign company or a foreign government body.
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