1. Request of the PMA company can be proposed by:
a. Expatriates Citizenship or Foreign Law Firm and or PMA Company.b. Foreign Citizenship and or foreign law firm and or PMA company joint venture with Indonesian citizenship and or foreign law firm.2. Fill in the request for of PMA propose to:a. BKPM (Badan Koordinasi Penanaman Modal)b. Representative of
Republic Countryc. Head of BKPMD by attachment of : i. Founder Identity is individual and or Company Budgetary if it is Law Firm ii. NPWP individual or Law Firm in doing the cooperation with the individual or Indonesian Law Firm. iii. Production Process Flow Chart / Explanation regarding the business firm for Service Company. iv. Joint Venture Draft Agreement which have been agreed by all parties. v. Authority Letter in doing the represented request
- Agreement letter of foreign investment (SP-PMA) will be issued by:
a. BKPM head (in doing the request proposed to the BKPM head)b. Foreign Ministry (The request is proposed to the Indonesian Republic Representative)c. Governor / Head of Level – I area ( the request proposed to BKPMD)
SP – PMA will issue not more than 10(ten) working days since the received of request letter.
PMA Company which already receives the SP-PMA must implement the Capital Investment Activities. SP-PMA will write off immediately if in the 3 years since the issuance of it no realization about capital investment is:a. Having Location Permitb. Having Account No. under the PMA namec. Having good customs import for investmentd. Having the APIT (Angka Pengenal Importir Terbatas) or “Limited Import Identity Number” e. Having the RPTKA (Rencana Penempatan Tenaga Asing) or “Working Plan for Expatriate”f. Having IMB (Ijin Mendirikan Bangunan) or “Building Establishment Permit”g. Having the Ijin Gangguan “Burden Permit” / AMDAL (Analisa Mengenai Dampak Lingkungan) / Upaya Pengelolaan Lingkungan (UPL)h. Having the PT Notarial Decree.
Procedure of Perseroan Terbatas (PT)
The firm of “Perseroan” is the Agreement which has been confirm, that must fulfill the following prerequisites:
1. There are two parties (Individual or Law Firm) which perform as a founder.2. Make the Founding Decree with the Notarial Decree in Indonesian Language (7 clause number 1 UU No. 1 year 1995)3. The Founding Decree must be legalized by Ministry of Law (Article 9 UU No. 1 year 1995)4. The founding Decree together with the valid letter must be registered in the Company List (Article 21 UU No. 1 year 1995)5. The founding decree together with the valid letter must be announce in the “Tambahan Berita Negara” (Additional Country News) – article 22 UU No. 1 year 1995.
1. In order to the founding can be legalized by Ministry of Law, the prerequisites are:
a. Content the Fundamental Budgetary which consist of (article 12 UU no. 1 year 1995)b. Name and Place of PTc. Intention and propose of the “perseroan” activity according to the valid regulations.d. The period of time “perseroan”e. The total amount of fundamental capital, Capital to be placed and deposit capital.f. The total amount of share, Share classification amount if any share amount exist for each classifications, rights in every share, and nominal value for each share.g. Structure, amount and name of Board of Directors and Commissioner h. Location decision and procedure of RUPS “General Share Holder Meeting”i. Selection procedure, election, changing and termination of Board of Directors and commissioner.j. Profit procedure usage and dividend distribution.k. Other prerequisites according to UUPT
2. Consist another explanations at least ( article 8 UU No. 1 year 1995).a. Complete Name, Place and date of birth, Positions, Residential, and BOD & Commissioner citizenship of founder.b. Structure, Complete name, place and date of birth, positions and residential and BOD & Commissioner citizenship which will be the first one to be raised.c. Share holder name which ahs been taken a part together with the detail total amount of share and nominal value or promising value form the share which already placed and deposits at the founding time.
3. Law activity which connected to the structure and capital together with the perseroan share, which have been done by the founder before the “perseroan” is made. (article 10 UU No. 1 year 1995).4. Original script or legal copy from the authentic decree regarding the Law activity must be put it together with the founding decree (article 10 UU No. 1 year 1995)5. Name of “Perseroan” not already being used legally by other “Perseroan” or similar with other perseroan name and the Perseroan name must be proceed with “Perseroan Terbatas” (PT), and in this open perseroan at the end of the perseroan name added by “Tbk.” (article 13 Uu No. 1 year 1995).
The Founding Decree must not consist of (article 8 clause 2 UU No. 1 year 1995):1. Regulations about the fixed receiving interest of share2. Regulations about the Personal Profit given to the founder or other party.
The regulations of proposal for obtaining the legalize from Ministry of Law (Article 9 UU No. 1 year 1995):
1. All founders together or with their power propose the written proposal by attaching the Perseroan founding decree.2. Legalized will be given in the period of 60 (sixty) working days after the receiving date of request.3. If the request is rejected, the rejection must be inform to the requester in written together with the reasons in the period of 60(sixty) days after the rejection.
Company Notaries Decree · Inform your capital budget For Telecommunication company who will do export import more than Rp. 1000.000.000,- (1 billion Rp)· Inform the Board of Director· Company Domicile· Company Business Coverage2. Domicile Permission from near “Kelurahan” (political district administered)3. Company Registration in near Tax Department to get “NPWP” Number4. Register in Law Department for “TDP” and obtain the “Legality letter”5. Register in Trade & Industry Dept. for “SIUP” ( is a permission for trade activity)6. “APIT” registration in Trade & Industry Dept. for Export and Import activities.7. Copies of Identity Card.