Rabu, 09 Januari 2019

Impact on Changes in Article of Association, Structure, and Data of PT


It needs approval from the administration doing synchronization between OSS system and SABH Menkumham when going for PT’s structure’s change.

Expanding business to create a larger marketplace somehow requires some changes. You have to resubmit some documents so that your business is legally registered. It’s pretty easy to do the procedure due to the presence of OSS. 

Yet, keep in mind that you have to get approval from the related ministry (Ministry of Law and Human Rights). To get the notification, you don’t need much effort as it’s digitally performed. The government makes improvement by doing synchronization between OSS system and SABH Menkumham.


Why You Need the Involvement of the Ministry of Law and Human Rights

The evolving business somehow requires changes in any aspects meaning that you are required to remodel the article of association. To do this, you can’t use the unilateral procedure. Whatever the reason for the change, make sure that you get the consent from the Ministry of Law and Human Rights. It indicates that you are submissive to the local regulation.

The change of a company’s article of association is clearly regulated in the second paragraph of Law number 40 year of 2007 about PT (it’s called UUPT). If you plan to do the change of article association – according to this law – you can hold a meeting commonly known as RUPS (rapat umum pemegang saham). 

Once the forum is successfully performed, the notary will conclude the agreement into the minutes of the meeting. Then, deed of amendment of an article of association is eventually issued.


Types of Changes Impactful to the Article of Association, Structure, and Data of PT

In essence, there are some considerations when it comes to the changes. Simply learn more about them below:

·         The change of the PT’s name. To modify the name, the change of article association is nothing yet highly required.
·         The change of the domicile. If you are about to move the address of your current PT into the new one (especially in a different area), it’s essential that you let the article of association, structure, as well as the data, be altered.
·         The change of the PT’s purpose of the establishment. If you plan to alter the type of business you currently manage for your company’s significant growth in the future, the following procedure is, for sure, to change the fundamental elements of your business.
·         The change of authorized capital. The modification of article association is truly compulsory when you alter the amount of authorized capital different from the previous deed of incorporation.


Prepare the Change Details as well as Cost Consequences

When the change is the point, there is no way more important other than preparing the further details like the basic elements of the company including the current identity of the shareholder, commissioner, and the same is true with the director. 

Go with documents such identity card and tax ID number. In addition to that, think of the expense you will need to fix this entire thing.


In a few words, regardless of the changes of your company’s basic elements, the further step you can’t avoid is to modify the article of association, structure, and data of your PT. 


SMART Consulting is an Indonesian Corporate Legal Services firm. SMART has assisted Clients in dealing with matters related to Investment Law, such as assist Client to establish Foreign Direct Investment Company and Representative Office. We also assist Clients regarding the Compliance and Corporate Legal Services.

Contact Us Now to get your legal solution for your business goals, and still comply with the prevailing laws and regulations.

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