THE AMENDMENT TO THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 12/MPP/KEP/I/1998 ON THE IMPLEMENTATION OF
CORPORATE REGISTRY
(Decree of the Minister of Industry and Trade No. 327/MPP/Kep/7/1999 dated July 14, 1999)
THE MINISTER OF INDUSTRY AND TRADE, Considering :
a. that in the framework of further boosting the growth of national economy through the development of new businesses especially limited liability companies, it is necessary to create widest business opportunities;
b. that in connection with the above mentioned matter, it is deemed necessary to amend the Decree of the Minister of Industry and Trade No. 12/MPP/Kep/1/1998 on the implementation of corporate registry;
c. that it is therefore necessary to stipulate a decree of the Minister of Industry and Trade. In view of :
1. Law No. 22/1999 on regional administration (Statute Book of 1999 No. 69, Supplement to Statute Book No. 3839);
2. Presidential decree No. 61/1998 on the status, tasks, organizational structures and working arrangements of ministries as already amended the latest by Presidential Decree No. 142/1998; 3. Presidential Decree No. 122/M/1998 on the establishment of the development reforms cabinet; 4. Decree of the Minister of Industry and Trade No. 12/MPP/Kep/1/1998 on the implementation of
corporate registry;
5. Decree of the Minister of Industry and Trade No. 444/MPP/Kep/9/1998 jo. No. 24/MPP/Kep/1/1999 on the organisation and working arrangement of the Ministry of Industry and Trade.
D E C I D E S : To stipulate :
Article I
1. To amend the provision in Article 16, to supplement Articles 16a and 16b, as well as to amend Article 36 of the Decree of the Minister of Industry and Trade No.12/MPP/Kep/1/1998 on the implementation of corporate registry so that they respectively read as follows :
"Article 16
(1) The registration of companies shall be done by means of completing forms of registration of companies as contained in Attachment III to the Decree of the Minister of Industry and Trade No. 12/MPP/Kep/1/1998 on the implementation of corporate registry, which are obtained free of charge from and submitted directly to heads of Offices of the Registration of Companies (KPP) of local second-level regions.
(2) The registration of companies as meant in paragraph (1) shall fulfill the following requirements : a. Companies in the form of limited liability companies :
1) which have already secured validation of statutory bodies from the Minister of Justice in accordance with law on limited liability companies , enclose the following documents : 1. copies of deeds of incorporation of companies;
2. original documents and copies of data on the deeds of establishment of companies already acknowleged by the Minister of Justice;
3. copies of amendment to the deeds of establishment of companies (if any); 4. original documents and copies of decisions on validation as statutory bodies;
5. copies of identity cards or passports of President Directors or personnel in charge of companies;
6. copies of business licences or certificates treated as such licences which are issued by the authorized institutions.
2) which are in the course of the validation process of statutory bodies by the Minister of Justice in accordanced with law on limited liability companies, enclose the following documents :
1. copies of deeds of incorporation of limited liability companies;
2. copies of data on the deeds of incorporation of limited liability companies;
3. copies of amendment to the deeds of incorporation of limited liability companies (if any); 4. copies of identity cards or passports of President Directors or personnel in charge of
companies;
5. copies of business licences or certificates treated as such licences;
6. copies of applications for the validation of statutory bodies from notaries to the Minister of Justice and evidences of payment of fees of the administration process of validation of statutory bodies from the Minister of Justice.
2. copies of identity cards of executives;
3. copies of letters of validation as statutory bodies from the authorized officials;
4. copies of business licences or certificates treated as such licences which are issued by the authorized institutions
c. Companies in the form of CV, enclose the following ducuments : 1. copies of deeds of incorporation of companies;
2. copies of identity cards or passports of personnel in charge;
3. copies of business licences or certificates treated as such licences which are issued by the authorized institutions;
d. Companies in the form of Fa, enclose the following ducuments : 1. copies of deeds of incorporation of companies (if any);
2. copies of identity cards or passports of personnel in charge or executives;
3. copies of business licences or certificates treated as such licences which are issued by the authorized institutions;
e. Companies in the form of individual businesses, enclose the following ducuments: 1. copies of deeds of incorporation of companies (if any);
2. copies of identity cards or passports of personnel in charge or owners;
3. copies of business licences or certificates treated as such licences which are issued by the authorized institutions;
f. Other companies, enclose the following ducuments :
1. copies of deeds of incorporation of companies (if any) or other certificates showing the existence of the relevant companies;
2. copies of identity cards or passports of personnel in charge of companies;
3. copies of business licences or certificates treated as such licences which are issued by the authorized institutions;
g. Branch offices, auxiliary offices and representative offices of companies, enclose the following documents :
1. copies of deeds of incorporation of companies (if any) or letters of appointment or certificates treated as such those, as branch offices, auxiliary offices and representative offices;
2. copies of identity cards or passports of personnel in charge of companies;
3. copies of business licences or certificates treated as such licences which are issued by the authorized institutions or head offices of the relevant companies;
(3)The registration of companies which are in the form of Limited liability companies (PT) already having statutory bodies on the basis of the Code of Commercial Law (KUHD), in the case of their not yet adjusting to Law on Limited Liability Companies (UU-PT), can not be allowed.
(5)The registration of companies which are agents or subsidiaries of companies shall follow the provision in paragraph (1) in accordance with the form of their companies.
(6)The forms of registration of PT as meant paragraph (2) letter a shall be signed by personnel in charge or President Directors.
(7)The forms of registration of companies which are in the form of companies as meant in paragraph (2) letters b, c, d, e, f and g shall be signed by executives or personnel in charge or owners of companies.
(8)The original documents as meant in paragraph (2) letter a.1) shall be returned to the relevant companies in the case of the registration being already finished."
"Article 16a
(1)The registration of companies in the form of PT which are in the course of the validation processes of statutory bodies shall be done in accordance with the Decree of the Minister of Industry and Trade No. 12/MPP/Kep/1/1998 on the implementation of corporate registry and be granted TDP of PT (not yet in the form of statutoey bodies) as contained in the attachment to this decree.
(2)PT as meant in paragraph (1) after securing the validation of statutory bodies from the Minister of Justice, shall promptly replace TDP of PT which are owned with TDP of PT as meant in Article 17 paragraph (2) point a of the Decree of the Minister of Industry and Trade No. 12/MPP/Kep/1/1998 on the implementation of corporate registry."
"Article 16b
The registration of companies as meant in Article 16 paragraph (2) and Article 16a shall be subjected to administration fees of WDP in accordance with the provisions in force."
"Article 36
(1)The supervision over the implementation of Law on Corporate Registry (UU-WDP) shall be done by supervisors of WDP and/or PPNS-WDP.
(2)The investigation into any violation of UU-WDP shall be done officers of PPNS-WDP.
(3)The Minister shall propose the appointment and relief of PPNS-WDP to the Minister of Justice. (4)Heads of KPP of the Central Level, First- and Second-Level Regions shall appoint and relieve of
supervisors of WDP in their respective working regions."
Article II
This decree shall come into force as from the date of stipulation.
For public cognizance, this decree shall be promulgated by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta On July 14, 1999
THE MINISTER OF INDUSTRY AND TRADE sgd
ATTACHMENT :
NO. : THE REPUBLIC OF INDONESIA
THE MINISTRY OF INDUSTRR AND TRADE
CORPORATE REGISTRY NUMBER OF LIMITED LIABILITY COMPANY (NOT YET IN THE FORM OF STATUTORY BODY)
TDP Number Valid up to the date
NAME OF COMPANY : STATUS : ADDRESS :
TELEPHONE NUMBER : FACSIMILE : PERSONNEL IN CHARGE/EXECUTIVE :
CORE BUSINESS ACTIVITY : (KLUI : )
... ...
AS THE HEAD OF OFFICE OF
REGISTRATION OF COMPANIES OF SECOND LEVEL REGION
(...)
---Remark :
- Original document : relevant party - First sheet : Local KPP
THE MINISTER OF INDUSTRY AND TRADE sgd
