Thursday, May 10, 2007

PROCEDURES IN DRAFTING DEED OF ASSOCIATION AND RELATED LICENSING FOR FOREIGN INVESTMENT COMPANY

1. Approval from BKPM for Foreign Investment Company

A Model 1 Foreign Investment Company Application shall be submitted to BKPM. With 95%
foreign investment in the overall share the approval shall be a principal approval for the
Company before a Deed of Association is drafted by the notary. For industrial company the
approval shall prevail also as a principal approval for fiscal facility which may be granted to
the entrance of raw materials and machineries necessary for the company operations.

The approval shall also be attached to the Investment Letter of Approval where goods
specifications and details, as submitted, are included in the Master List (Point 3).

Foreign Investment Approval from BKPM shall be valid for 1 (one) year and can be renewed
to a 1 (one) year duration. Time required to prepare the document shall be 2 (two) weeks.

2. Drafting of the Deed of Association by Notary

The drafting of a new Deed of Association shall commence after a Foreign Investment
Approval from BKPM is issued. In the Deed shall also be included the date and number
of the BKPM Approval.

3. Issuing of Company Domicile

Issued by Lurah and Camat where the Company domiciles.
Requires 3 (three) days to prepare.

4. Issuing of NPWP (Tax Obligation Main Number)

Requires 3 (three) days to prepare.

5. Issuing of PKP (Tax-Applicable Business) – where necessary

Related to the application of Value Added Tax to company opeartions.
Requires 2 (two) weeks to prepare.

6. Establishment by Court

Prepared by the notary who drafts the Deed of Association.

7. Issuing of TDP (Government Company List)

TDP can be prepared in two ways:
a. TDP issued before an Establishment by Court (shall be deemed non-legal entity).
b. TDP issued after an Establishment by Court.

Requires 2 (two) weeks to prepare.

8. Inclusion in State Gazette

Prepared by the notary who drafts the Deed of Article of Association.

9. Issuing of APIT (Limited Importer Identification Number)

This certificate is issued by BKPM as the first step to a plan to import goods by the Company,
whether they be machineries or raw materials.
Requires 2 (two) weeks to prepare.

10.Issuing of SRP (Custom’s Letter of Registration)

In order to deter fake importers, companies importing goods nowadays are required to hold
an SRP certificate issued by the Custom.


11. Issuing of Master List

Master List issued by BKPM includes a list of goods that will be imported by the Company,
their specifications, country of origin, unit quantity, and other informations related to the
imported goods.

Requires 2 (two) weeks to prepare.

12. Issuing of RPTKA (Foreign Labor Employment Plan)

Before employing foreign labors—should be in accordance to the attachment of Foreign
Investment Approval on the employment of foreign labors, companies are required to
submit a Foreign Labor Employment Plan, be they for positions of Directors,
Commissioners, or Experts.

13. Issuing of IUT (Permanent Business License)

Should the company has already commercially producing, the company shall be required to
hold IUT issued by the BKPM involving any other concerning instances such as the
Department of Labor Affairs in order to provide monitoring of labor aspects be they local or
foreign labors, Department of Industry and Commerce for Foreign Investment Companies
in the field of commerce, and Local BKPM—requires 1 (one) month to prepare.

14. Issuing of IMB (License to Erect Building) –should the company wish to erect
building Notes

1. The aforementioned times required to prepare the documents are counted from the time
where data requirements are fulfilled and ready to be submitted.
2.The above elucidation shall preavil only to business declared open to foreign invesments.

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