Companies registration in Jakarta does not vary much with the company registration process in other cities. It’s just that the registration of companies in Jakarta is much more attention than in other cities because Jakarta is the capital of this country.
Similar to the company registration process in other cities, the terms by condition must also be lived as a way of acknowledging a company in Indonesia. To add complete information about companies registration in Jakarta, then we must know some of the following.
Additional Laws Associated with Companies Registration in Jakarta
In accordance with the provisions of the Limited Liability Company Law, some assume that the registration of a limited liability company has been made, but in fact the registration is only conducted under the provisions of the Limited Liability Company Law.
Registration of a limited liability company under a Limited Liability Company Law shall be conducted on the same date as the following date (Article 29 paragraph (3) of the Limited Liability Company Law):
- Decree of the Minister of Law and Human Rights concerning the legalization of a legal entity of the Company, approval of changes to the articles of association requiring approval;
- acceptance of changes to the articles of association that do not require consent; or
- the receipt of notification of changes in data of the Company which is not a change of articles of association.
While the registration of a company under the Statutory Company Regulation Law must be performed by each limited liability company after the receipt of a decision and / or a letter from the Minister of Law and Human Rights as mentioned in Article 29 paragraph (3) of the Limited Liability Company Law on.
Punishment for Not Registering Company in Jakarta
The company’s mandatory list of laws regulates sanctions for non-compliance with the obligation of company registration either intentionally or negligently, subject to imprisonment of up to 3 (three) months or a fine of up to three million Rupiah.
Implementing Regulations on the Law of the Company’s mandatory list include Ministerial Regulation No.37 / 2007, regulating among others:
- Exceptions for the company from the obligation of registration of the company consist of:
- State enterprises in the form of Bureau Companies
- Small individual companies; or
- Businesses or activities that operate outside the economic field whose nature and objectives are not solely for profit and / or profit as set forth in Appendix I of Ministerial Regulation No.37 / 2007.
- The Minister shall give the authority to:
- The Director General, to foster the implementation and execution of a list of companies throughout the territory of Indonesia; and
- Director as Head of Corporate Registration Office of the Center, to coordinate the organization of the company registration list nationally and as the organizer shall be the list of companies at the Central Level.
Special Regulations of Company Registration in Jakarta
Regarding the companies registration in Jakarta, the Minister submits the authority to:
- Governor to act as Head of Provincial Company Registration Office in coordinating the implementation of the company registration list in the Provincial Region and as the organizer shall be a list of companies at the Provincial Level;
- Regent / Mayor, except for the Province of Jakarta to determine the places of domicile and the composition of the Company Registration Office as the organizer and executor of company registration in the Regency / City area according to its working area; and
- The Governor of Jakarta to determine the domicile and composition of the Company Registration Office as the organizer and executor of the company registration in the province of Jakarta.
Furthermore, in order to encourage the acceleration and improvement of licensing services to investment companies in One Stop Services Center, Investment Coordinating Board (reorganized against the issuance of Company Registration Certificate, the Government shall issue Regulation of the Minister of Trade of the Republic of Indonesia No.116 / M-DAG / PER / 12/2105 on Amendment to Regulation of the Minister of Trade No. 37 / M-DAG / PER / 9/2007 concerning the Implementation of Company Registration on December 23, 2015. In essence Regulation of minister No.116 / 2015 among others provides that:
The Minister shall delegate the authority of organizing and executing the compulsory list of companies to the Head of Investment Coordinating Board for foreign investment companies with certain criteria, namely:
- Investment value of at least Rp.100.000.000.000,00 (one hundred billion Rupiah); and / or
- Indonesian employment of at least 1,000 (one thousand) persons.
Implementation and execution of compulsory list of companies with certain criteria as mentioned above, using an online corporate information system managed by the Ministry of Trade.
In relation to the foregoing, companies registration in Jakarta pursuant to the Statutory Entitlement and the registration of a limited liability company under a Limited Liability Company Law shall be an act of registration which each must be performed to comply with the Company’s mandatory listing law and the Law limited liability company.