IMPLEMENTATION OF REGISTRATION OF COMPANY'S ANNUAL FINANCIAL REPORT (Decree of the Minister of Industry and Trade No.234/MPP/Kep/6/2000 dated June 26, 2000)
THE MINISTER OF INDUSTRY AND TRADE; Considering :
a. that in connection with the issuance of Government Regulation No.64/1999 on the Amendment to Government Regulation No.24/1998, it is deemed necessary to revoke the Decree of the Minster of Industry and Trade No.525/MPP/Kep/XI/1998;
b. that for that purpose, it is necessary to issue a Decree of the Minister of Industry and Trade. In view of :
Government Regulation No.24/1998 on the Information on Company's Annual Finance as already amended by Government Regulation No.64/1999;
DECIDES: To Revoke :
The Decree of the Minister of Industry and Trade No.525/MPP/Kep/XI/1998 on the Implementation for the Registration of Company's Annual Financial Report.
To Stipulate :
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE IMPLEMENTATION OF COMPANY'S ANNUAL FINANCIAL REPORT.
CHAPTER I
GENERAL PROVISIONS Article 1
In this Decree referred to as :
1. Law No.3/1982 on Obligation To Register Companies shall be the regulation which governs the obligation to register companies, hereinafter referred to as UU-WDP.
2. The Office of Registration of Companies shall be the working unit within the Ministry of Industry and Trade as the Executor of the Obligation To Register Companies both at the Central Government level, Regional Provincial Level and Regional Municipality/City Level.
3. The Office of Registration of Companies at the Central Government Level shall be the working unit within the Ministry of Industry and Trade which in addition to functioning as the executor of corporate registration at the central Government Level, also acts as the organizer and the Executor the Registration of Company's Annual Financial Report, hereinafter referred to as KPP at the Central Government Level.
4. Limited Liabilities Company shall be a legal Body which is set up on the basis of the agreement, doing business with the basic capital entirely divided into shares and meeting the requirements as referred to in Law No.1/1995 and the implementing Regulation, hereinafter referred to as the Company.
6. Company's Annual Financial Report shall be the report which covers the balance sheet, Loss-Profit Account, Report on change in Equity, Report on Cash Flow and Note on Financial Report, which among others reveals assets and liabilities including credits obtained from Banks and investment of the company in the form of direct participation in other companies, as audited by the Public Accountant or the Government Agency which has the authority to issue accountant's report on the basis of the existing regulations, hereinafter referred to as LKTP.
7. The Public Accountant shall be the accountant who has the permit front the Minister of Finance to perform duties of the public accountant given the authority by the company to submit and register the LKTP.
8. The Minister shall be the Minister who is responsible for the trade sector. CHAPTER II
OBLIGATION AND TIME FOR REGISTRATION Article 2
1. Any company which has the status of the head office, is domiciled and does business in the territory of the republic of Indonesia shall register the LKTP in the KPP at the Government Central Level.
2. Upon the enforcement of this Decree, the corporate obligation as referred to in paragraph 1 is valid for the company in the following forms :
a. The Limited Liabilities Company which meets one of the following criteria : 1. as on Open Company (PT.Tbk);
2. the line of business of the company is related to the mobilization of private; 3. issuing a letter acknowledging debts;
4. having the assets or wealth of at least Rp.50,000,000,000. (fifty billion Rupiahs); or 5. as a debtor, the annual financial report of which is obliged by Banks to be audited.
b. the foreign company which is domiciled and does business in the territory of the Republic of Indonesia in accordance with the existing regulations, including branch office, auxiliary office, subsidiaries and agents and representative office of the company which have the authority to conclude agreements.
c. The State Limited Liabilities Company (PERSERO), Public Company (PERUM) and Regional State Company.
3. The provision on the amount of the assets or wealth of the company as referred to in paragraph 2 letter a point 4, starting from the accounting year of 2000 is reduced to at least Rp.25,000,000,000. (twenty-five billion Rupiahs).
4. The LKTP registered in the KPP at the Central Government Level as referred to in paragraph 1 is obliged to be audited by:
a. Public Accountant; or
b. Government Agency which has the authority to issue special accountant's report for PERSERO, PERUM and Regional Company.
Article 3 1. The LKTP which is obliged to be registered covers :
a. Balance Sheet; b. Loss-Profit Account;
d. Report on cash Flow ;
e. Note on Financial Report Which among other things reveals assets & liabilities the including the credits obtained from banks and investment of the company in the form of direct participation in other companies.
2. The model and composition of the LKTP as refereed to in paragraph 1 are made in accordance with the provisions in the existing Financial Accountancy Standard Statement (PSAK).
3. In addition to the LKTP as referred to in paragraph 1, the company is obliged to submit the Company's Profile which has been signed by the board/contact person and stamped by the company.
4. The model of the Company's Profile as referred to in paragraph 3 is stipulated in the attachment to this Decree.
Article 4
1. The Company is obliged to register the LKTP at the latest 6 (six) months after the accounting year has ended.
2. The registration of the LKTP as referred to in paragraph 1 is started in the accounting year of 1998.
CHAPTER III
AUTHORITY, RESPONSIBILITY AND REPORTING IN IMPLEMENTATION OF REGISTRATION OF LKTP
Article 5
The authority, responsibility and suporting in the implementation of the Registration of the LKTP are in compliance with the Government Regulation No.24/1998 Jo the Government Regulation No.64/1999 on the company's Annual Financial Information.
Article 6
1. The Minister has the authority to stipulate the provision and procedure for management of the company's annual financial information.
2. The Minister appoints the Director General of Domestic Trade as the official providing technical promotion in the execution and implementation of the LKTP.
Article 7
1. Pending the establishment of the KPP at the Central Government Level, the Directorate of Registration of Companies acts as the KPP at the Central Level, which functions as the executor and organizer of the registration of the LKTP.
2. The Director of Registration of Companies as the Head of KPP at the Central Level is responsible and obliged to report in writing the execution and the implementation of the registration of the LKTP to the Minister through the Director General of Domestic Trade and the Minister of Finance through the Director General of Financial Institutions, the Ministry of Finance.
Article 8
The KPP at the Central Government Level as referred to in Article 7 has the following duties: a. Preparing the material for formulation of policies and programs of execution and
b. Preparing the material, coordinating and promoting the execution and implementation of the registration of the LKTP and management of the company's Financial information .
c. Observing and controlling the execution and implementation of the registration of the LKTP. d. Receiving, recording and legalizing the LKTP.
e. Compiling and presenting the company's annual Financial information.
f. Preparing the human resources to execute and implement the registration of the LKTP. g. Preparing the Financing budged of the KPP at the Central Government Level.
h. Providing information within the framework of understanding and popularizing the LKTP. i. Promoting the benefit of the company's annual financial information in the framework of
company's financial transparency to the public and the business world.
j. Providing the public and the business world with the service to meet the need for the company's annual financial information.
k. Submitting the report on the execution and implementation of the registration of the LKTP in writing, as referred to in Article 7 paragraph 2 periodically, once in 3 (three) months.
CHAPTER IV
PROCEDURE FOR IMPLEMENTATION OF REGISTRATION OF LKTP Article 9
1. The registration of the LKTP for the company as referred to in Article 2 paragraph 2 latter 1, point a, is conducted by the relevant company or it can be represented by the office of the Public Accountant (KAP) by giving the legal letter of authorization.
2. The registration of the LKTP. for the company as referred to in Article 2 paragraph 2 letter a, points 2,3,4, and 5 and letter b is conducted by the Office of the Public Accountant (KAP) by giving the legal letter of authorization.
3. The registration of the LKTP for the company as referred to in Article 2 paragraph 2 letter c is conducted by the relevant company.
4. The registration of the LKTP is conducted in the KPP at the Central Government Level and without fees collected .
Article 10
The registration as referred to in Article 9 is conducted by submitting : a. The LKTP Book and the company's Profile, 2(two) copies each;
b. The Diskette containing the LKTP file and the company's Profile which have been converted in to PDP File (Portable Document Format) by using the program or adobe acrobat software;
c. Copies of TDP (corporate registration certificate) and NPWP (Registration Number of Taxpayer), 2 (two) each ;
d. Copies of the letter of authorization from the company in the case that the registration is conducted by the KAP, 2(two) food. 2. At the latest 10(ten) work days as from the date of the receipt of the registration for the LKTP in full, the head of KPP at the Central Government Level is obliged to issue the Registration Letter of the Company's Annual Financial Report (STD LKTP) which is valid for the accounting year reported.
Article 11
CHAPTER V
COMPANY'S ANNUAL FINANCIAL INFORMATION SERVICE Article 12
1. The Company's Annual Financial Report Information is open to all interested parties.
2. The types of information as referred to I paragraph 1 are the official copies of the LKTP and company's Profile which have been legalized by the KPP at the Central Government Level. 3. The information as referred to in paragraph 2 can be provided in the form of documents.
4. In addition to the information in the form as referred to in paragraph 3, it can also be provided in the form of diskettes, CD-ROM or through the internet.
5. The information as referred to in paragraphs 3 and 4, can also be obtained by subscription or by request and the fees are charged in accordance with the existing regulations.
CHAPTER VI SANCTION
Article 13
1. The companies which do not meet the provisions as referred to in Article 2, 3 and 4 of this Decree, are subjected to sanctions in accordance with the provisions in the UU-WDP.
2. The Public Accountant and the State Enterprise/Regional State Enterprise (BUMN/D) which fail it conduct the registration as referred to in Article 9 is subjected to sanctions in accordance with the existing regulations.
CHAPTER VII CLOSING PROVISION
Article 14
This Decree shall come into force as from the date the stipulation.
For public cognizance, this Decree shall be placed in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta
On June 26, 2000
THE MINISTER OF INDUSTRY AND TRADE sgd
ATTACHMENT COMPANY'S PROFILE
1. TDP NUMBER
2. NAME OF COMPANY
3. ADDRESS OF COMPANY
4. POSTAL CODE
5. TELEPHONE/TELEX/FAX
6. NAME GROUP
7. BANK CLIENT
8. TAXPAYER REGISTRATION NUMBER STATUS
OF INVESTMENT
9. DATE OF ESTABLISMENT
10. DURATION
11. LEGAL BODY LEGALIZATION NUMBER:
DATE :
12. TRADE MARK
13. PATENT RIGHT
14. COPYRIGHT
15. BUSINESS PERMITS POSSESSED
A. TYPE OF PERMIT
PERMIT-GRANTING AGENCY PERMIT NUMBER
DATE OF ISSUANCE VALIDITY.
B. TYPE OF PERMIT
PERMIT-GRANTING AGENCY PERMIT NUMBER
DATE OF ISSUANCE VALIDITY
C. ETC
-16. BOARD OF EXECUTIVE DIRECTORS
A. PRESIDENT DIRECTORS
FULL NAME ADDRESS
PLACE/DATE OF BIRTH CITIZENSHIP
DATE OF HOLDING POST
B. EXECUTIVE DIRECTORS
FULL NAME ADDRESS
PLACE/DATE OF BIRTH CITIZENSHIP
DATE OF HOLDING POST
C. DIRECTOR
-ETC-D.
-ETC-17. BOARD OF DIRECTORS
A. CHAIRMAN OF THE BOARD
FULL NAME ADDRESS
PLACE/DATE OF BIRTH CITIZENSHIP
DATE OF HOLDING POST
B. DIRECTOR
FULL NAME ADDRESS
PLACE/DATE OF BIRTH CITIZENSHIP
DATE OF HOLDING POST
C. COMMISSIONER -ETC-18. SHAREHOLDER A. SHAREHOLDER FULL NAME ADDRESS
PLACE/DATE OF BIRTH CITIZENSHIP
DATE OF HOLDING POST
B. SHAREHOLDER
FULL NAME ADDRESS
PLACE/DATE OF BIRTH CITIZENSHIP
DATE OF HOLDING POST C.
-ETC-19. ACTIVITY OF CORE BUSINESS
20.ACTIVITIES OF ANOTHER BUSINESSES
A. ………..
B. ………..
C. ………..
D.
-ETC-21. MAIN COMMODITY
22.OTHER COMMODITIES
A. ……….
B. ……….
C. ………
D.
-ETC-23. ANNUAL SALES TURNOVER
(in Rp.) :
24. CAPITAL AND SHARE
A. AUTHORIZED CAPITAL : Rp. B. ISSUED CAPITAL : Rp. C. PAID-UP CAPITAL : Rp. D. NUMBER OF SHARES : (units)
E. NOMINAL VALUE OF SHARES: Rp.
25. TOTAL ASSETS ( IN Rp. )
26. NUMBER OF EMPLOYEES
27. STATUS OF BUSINESS
1=manufacturer, 2=exporter, 3=importer,
4=distributor/wholesaler, 5=sub distributor, 6=agent, 7=retailer
