How to apply name of the private limited company in Indonesia should use a name that describes the image of the company and has never been used by other companies.
To start a business required a business name. The name of this business becomes very important for consumers or people who use the services and / or products of the company to be easy to remember and interesting. Before determining a company name makes sure that the name of the company to be used is derived from the shared thought and has a meaning for the company so that the identity of the product will be produced by the company.
The company name will give importance to the company image. Make sure the name to be used has not been used by other parties or not the same with the name of any other company wherever the company is located. This is because companies usually have more than one domicile or commonly called a branch so that when using a company name that already exists in one other area and then want to use the company’s name outside the company’s territory is still not allowed.
The provisions concerning this prohibition are contained in Article 5 paragraph (1) letter b of Government Regulation Number 43 Year 2011 concerning Procedures for Submission and Use of Limited Company Name. If there is a similarity name between the Limited Liability Company that will be registered with the registered Limited Liability Company, the Government may refuse the registration of Limited Liability Company in accordance with the provisions contained in Article 3 paragraph (1) of Government Regulation Number 43 Year 2011.
Terms of How to Apply Name of the Private Limited Company in Indonesia
In addition to those provisions in Article 16 paragraph (1) of the Limited Liability Company Law, stipulates that the how to applying name of the private limited company in Indonesia may not use a name which;
- Has been legitimately used by another Company or equally substantially under the name of another company;
- Contrary to public order and / or decency;
- Same or similar to the name of a state institution, government agency or international agency unless authorized by the person concerned;
- Not in accordance with the intent and purpose, as well as business activities, or indicating the intent and purpose of the Company only by name; and
- Consists of numbers or series of numbers, letters or sequences of letters that do not form words; or has a meaning as a Company, a legal entity or a civil partnership.
The requirement to submit the name of the company must meet the requirements as contained in Article 5 paragraph (1) letter g and h of Government Regulation Number 43 Year 2011 namely;
- Not only use the intent and purpose and business activities as the name of the company; and
- In accordance with the purposes and objectives and business activities of the company, in terms of purpose and purpose and business activities will be used as part of the company name.
So if a company wants to use a regional or territory name then there is no prohibition to use the name of the region or region. The name of a region or territory is something that is general and not owned by anyone so it can be used.
So, for example, you use a name that has been used by another company, then the founder of the other company object, and then he can object to your company name. If the objection is accepted, your company will be removed from Company Register. If your company is removed from Company Register, then you are obliged to re-register (re-registration), of course with another name.
Therefore, if your company name is the same as another company, it is recommended that you change your PT name so as not to be a problem in the future. The change of name of PT is one form of amendment of the articles of association; therefore it must be through the mechanism of the General Meeting of Shareholders.
Conditions to Change Company Name
- The change of name of PT is one form of amendment of the articles of association, therefore it must be through the mechanism of the General Meeting of Shareholders.
- The General Meeting of Shareholders to amend the articles of association may be held if at a meeting of at least two-thirds of the total shares with voting rights present or represented at the General Meeting of Shareholders and the decision is valid if it is approved at least 2/3 ( two thirds) of the total votes cast, unless the articles of association determine the attendance quorum and / or provisions concerning the decision of the larger General Meeting of Shareholders.
- The amendment of the articles of association in the form of a change of name of this company must be approved by the Minister of Law and Human Rights, as well as contained in the notarial deed in the Indonesian language.
- Application for approval of amendment to the articles of association shall be submitted to the Minister no later than 30 days from the date of the notary deed containing the amendment of the articles of association. After the expiry of the 30 day deadline, the application for approval of amendment to the articles of association cannot be submitted or submitted to the Minister.
Basically on how to apply name of the private limited company in Indonesia may not use a name that has been used legally by another company or the same as another company’s name.