Filing
Permission As for the establishment of Foreign Investment Limited
Liability Company (PT PMA) through the BKPM with advance notice of
Presidential Decree No. 36 of 2010 to determine whether the business of PT PMA is open to
foreign investment, and - if open - how much the composition of foreign
investment is allowed.
II. For the establishment of PT PMA, then first you have to submit an application for registration to the BKPM investment, namely by completing an application form that has been specified in Annex I Perka BKPM No. 12 Year 2009, and attach the following documents:
1) a letter from the country concerned government agencies or letter issued by the embassies / representative offices of the countries concerned in Indonesia for the applicant is a foreign government;2) the recording of valid passport to the applicant is a foreign individual;3) recording of the Articles of Association (Article of Association) in English or translated into Indonesian from sworn translator for the applicant is to foreign entities4) copy of the establishment of the company and its amendments and approval of the Ministry of Justice to the applicant is an entity Indonesia;5) TIN records both for the applicant is an individual or business entity Indonesia Indonesia;6) Registration petition signed over stamped by all applicants (if the company is not yet incorporated) or by the directors of the company (if the company was incorporated)7) The original Power of Attorney with sufficient stamp duty for handling application that is not done directly by the applicant / directors of the company;8) the provisions of the letter of authorization referred to in item h provided for in Article 63 of this Regulation.
III. After the license registration of investment from BKPM issued, then you need to apply for a license in principle investment of BKPM, which is a license to launch investment activities in the field of business can obtain fiscal facilities and the implementation of its investment requires fiscal facilities (Article 1 number 15 Perka BKPM No. 12 of 2009). Principle permits filed by filling out an application form that has been determined by the BKPM, and attach:
a) proof of identity of the applicant, namely:(1) Registration for business entities that have completed registration(2) Copy of Deed of Establishment and amendments(3) Approval of the Company's Articles Records of the Ministry of Justice(4) The recording of Taxpayer Identification Number (TIN)b) description of planned activities, such as:(1) Details of production process that outlines the types bahan0bahan and equipped with a flowchart (flowchart);(2) a description of the service sector business activity.c) a recommendation from the relevant government agencies, if required
IV. After a license in principle out and the company was ready to perform activities / commercial production, the company must obtain a business license from BKPM (Article 20 Perka BKPM No. 12 of 2009). The business license is obtained by applying to the BKPM, by filling out an application form that has been determined and attach the following documents:
a) Report of Examination Project (LHP), to request a business license or business license Expansion as referred to in Article 44 paragraph (1) and (2) whose business activities require the facility of import duty on the import of goods and materials;b) recording the deed and deed of amendment and approval as well as approval from the Ministry of Justice and Human Rights;c) Records of Registration / License Principles / Principle Permit Expansion / Letter of approval of Investment / Business License and / or Expansion Approval Letter Investment / Expansion owned business license;d) Records TIN;e) Proof of possession / use of the land on behalf of:(1) recording of Land Rights certificate or a deed of sale of land by PPAT, or(2) Records of land lease agreements.f) evidence of possession / use of buildings / building:(1) recording of Building Permit (IMB), or(2) recording the deed of sale / lease agreement of the building / buildingg) recording the nuisance permit (mentioning / HO) or recording the location permit (AIS) for companies located outside industrial estates;h) Records of Investment Activity Report (LKPM) the last period;i) Records of approval / ratification of the Environmental Impact Assessment (EIA) or record approval / ratification document Environmental Management Effort (UKL) and Environmental Monitoring Effort (UPL);j) other requirements as stipulated in the relevant technical agencies and / or local regulations;
In terms of the management of the establishment of PT PMA represented, a power of attorney is required. This is in accordance with Article 63 paragraph (1) Perka BKPM No. 12 Year 2009:
"The signing and maintenance of investment application to PTSP BKPM, PTSP PDPPM, or PTSP PDKPM can be done by the applicant or other person authorized by the applicant with the original power of attorney stamped incorporating a clear identity of the authorized person"
Understanding the power of attorney set forth in Article 1792 of the Civil Code:
"The authorization is an agreement by which a person give power to someone else, to do some business on his behalf"
Because there are three candidates for the founder of PMA, then such power must come from a third candidate for the founder of PMA.
Similarly, we know. May be useful.
Legal basis:1. The Book of the Law of Civil Law (Burgerlijk Wetboek voor Indonesie or the Civil Code, Government Gazette 1847 No. 23)2. Law No. 25 of 2007 on Investment3. Law No. 40 Year 2007 regarding Limited Liability Company4. Presidential Regulation No. 27 Year 2009 on One Stop Services in the Field of Investment (Presidential Decree No. 27 of 2009);5. Presidential Regulation No. 36 of 2010 on the List of Business Sectors covered and Businesses Opened with Requirements in the Field of Investment (DNI regulation);6. Regulation of the Head of BKPM No. 12 Year 2009 on the Guidelines for the Application of Investment (Perka BKPM No. 12 of 2009)
II. For the establishment of PT PMA, then first you have to submit an application for registration to the BKPM investment, namely by completing an application form that has been specified in Annex I Perka BKPM No. 12 Year 2009, and attach the following documents:
1) a letter from the country concerned government agencies or letter issued by the embassies / representative offices of the countries concerned in Indonesia for the applicant is a foreign government;2) the recording of valid passport to the applicant is a foreign individual;3) recording of the Articles of Association (Article of Association) in English or translated into Indonesian from sworn translator for the applicant is to foreign entities4) copy of the establishment of the company and its amendments and approval of the Ministry of Justice to the applicant is an entity Indonesia;5) TIN records both for the applicant is an individual or business entity Indonesia Indonesia;6) Registration petition signed over stamped by all applicants (if the company is not yet incorporated) or by the directors of the company (if the company was incorporated)7) The original Power of Attorney with sufficient stamp duty for handling application that is not done directly by the applicant / directors of the company;8) the provisions of the letter of authorization referred to in item h provided for in Article 63 of this Regulation.
III. After the license registration of investment from BKPM issued, then you need to apply for a license in principle investment of BKPM, which is a license to launch investment activities in the field of business can obtain fiscal facilities and the implementation of its investment requires fiscal facilities (Article 1 number 15 Perka BKPM No. 12 of 2009). Principle permits filed by filling out an application form that has been determined by the BKPM, and attach:
a) proof of identity of the applicant, namely:(1) Registration for business entities that have completed registration(2) Copy of Deed of Establishment and amendments(3) Approval of the Company's Articles Records of the Ministry of Justice(4) The recording of Taxpayer Identification Number (TIN)b) description of planned activities, such as:(1) Details of production process that outlines the types bahan0bahan and equipped with a flowchart (flowchart);(2) a description of the service sector business activity.c) a recommendation from the relevant government agencies, if required
IV. After a license in principle out and the company was ready to perform activities / commercial production, the company must obtain a business license from BKPM (Article 20 Perka BKPM No. 12 of 2009). The business license is obtained by applying to the BKPM, by filling out an application form that has been determined and attach the following documents:
a) Report of Examination Project (LHP), to request a business license or business license Expansion as referred to in Article 44 paragraph (1) and (2) whose business activities require the facility of import duty on the import of goods and materials;b) recording the deed and deed of amendment and approval as well as approval from the Ministry of Justice and Human Rights;c) Records of Registration / License Principles / Principle Permit Expansion / Letter of approval of Investment / Business License and / or Expansion Approval Letter Investment / Expansion owned business license;d) Records TIN;e) Proof of possession / use of the land on behalf of:(1) recording of Land Rights certificate or a deed of sale of land by PPAT, or(2) Records of land lease agreements.f) evidence of possession / use of buildings / building:(1) recording of Building Permit (IMB), or(2) recording the deed of sale / lease agreement of the building / buildingg) recording the nuisance permit (mentioning / HO) or recording the location permit (AIS) for companies located outside industrial estates;h) Records of Investment Activity Report (LKPM) the last period;i) Records of approval / ratification of the Environmental Impact Assessment (EIA) or record approval / ratification document Environmental Management Effort (UKL) and Environmental Monitoring Effort (UPL);j) other requirements as stipulated in the relevant technical agencies and / or local regulations;
In terms of the management of the establishment of PT PMA represented, a power of attorney is required. This is in accordance with Article 63 paragraph (1) Perka BKPM No. 12 Year 2009:
"The signing and maintenance of investment application to PTSP BKPM, PTSP PDPPM, or PTSP PDKPM can be done by the applicant or other person authorized by the applicant with the original power of attorney stamped incorporating a clear identity of the authorized person"
Understanding the power of attorney set forth in Article 1792 of the Civil Code:
"The authorization is an agreement by which a person give power to someone else, to do some business on his behalf"
Because there are three candidates for the founder of PMA, then such power must come from a third candidate for the founder of PMA.
Similarly, we know. May be useful.
Legal basis:1. The Book of the Law of Civil Law (Burgerlijk Wetboek voor Indonesie or the Civil Code, Government Gazette 1847 No. 23)2. Law No. 25 of 2007 on Investment3. Law No. 40 Year 2007 regarding Limited Liability Company4. Presidential Regulation No. 27 Year 2009 on One Stop Services in the Field of Investment (Presidential Decree No. 27 of 2009);5. Presidential Regulation No. 36 of 2010 on the List of Business Sectors covered and Businesses Opened with Requirements in the Field of Investment (DNI regulation);6. Regulation of the Head of BKPM No. 12 Year 2009 on the Guidelines for the Application of Investment (Perka BKPM No. 12 of 2009)
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