29 March, 2016
Minister of Law and Human Rights (“MOLHR”) Regulation No. 1 of 2016, dated January 25, 2016, regarding the Amendment of MOLHR Regulation No. 4 of 2014 regarding Procedures for Filing an Application for the Validation of a Legal Entity and Approval for the Amendment of a Limited Liability Company’s Articles of Association, and Submission of Noti cation of Amendment of a Limited Liability Company’s Articles of Association and Company Data. This Regulation amends several procedures and supporting documents for notaries in ling for MOLHR approval and/or acknowledgment for the amendment of the Articles of Association (“AOA”) and Company Data of a Limited Liability Company (Perseroan Terbatas or “PT”). Under this Regulation, when ling for MOLHR approval for the incorporation of a PT or amending the AOA of a PT, the notary shall upload a copy of a statement letter issued by the building management or the authorized institution concerning the address of the concerned PT or, in the alternative, the original statement letter containing the same signed by all directors, founding shareholders and commissioners of the concerned PT. As to ling for changes to a PT’s AOA other than those requiring the MOLHR’s approval, the notary shall now upload additional documents, which are: (i) copy of balance sheet and loss and pro t report of the concerned year for PTs that are subject to mandatory audit of nancial statement; and (ii) report of the receipt of annual tax returns of such PT. This Regulation came into effect on the date of its promulgation.
MOLHR Regulation No. 2 of 2016, dated January 25, 2016, regarding Procedures for Filing for the Validation of a Legal Entity and Approval for the Amendment of a Foundation’s Articles of Association (“AOA”), and Submission of Noti cation for the Amendment of a Foundation’s AOA and Foundation Data. This Regulation revokes MOLHR Regulation No. 5 of 2014 regarding the Validation of a Foundation Legal Entity. As the title suggests, this Regulation governs the procedures and required documents for notaries in ling for the validation of a foundation, and approval and noti cation for the amendment of a foundation’s AOA and data. This Regulation came into effect on the date of its promulgation.
MOLHR Regulation No. 3 of 2016, dated January 25, 2016, regarding Procedures for Filing an Application for the Validation of a Legal Entity and Approval for the Amendment of an Association’s Articles of Association (“AOA”). This Regulation rede nes the requirements and procedures for obtaining MOLHR approval to change the name of an association and sets forth new provisions concerning the procedures for amending the AOA of an association. These matters were previously governed under MOLHR Regulation No. 6 of 2014, which has been revoked by this Regulation. This Regulation came into effect on the date of its promulgation.
For further information, please contact:
Dyah Soewito, Partner, Soewito Suhardiman Eddymurthy Kardono
dyahsoewito@ssek.com
