The Minister of Law and Human Rights (“MOLHR”) has issued new regulation Number 17 of 2018 on registration procedures of Limited Partnership/Persekutuan Komanditer/Commanditaire Vennotschaap (“CV”), Firm Partnership/Persekutuan Firma (“Firm”), and Civil Partnership/Persekutuan Perdata (“Persekutuan Perdata”) (the “Regulation”). The registration includes: (1) registering the deed of establishment; (2) registering the amendment of Article of Association (“AoA”); and (3) registering the dissolution.
Registration application is addressed to MOLHR through Business Entity Administration System/Sistem Administrasi Badan Usaha. At first, the applicant is required to propose a name for CV, Firm or Persekutuan Perdata to MOLHR, and such application is charged as non-tax revenue. MOLHR may electronically reject the application for the name, if it does not meet the requirements.
The registration of the deed of establishment must be submitted within 60 (sixty) days since the signing date of the deed of establishment. If the registration exceeds 60 (sixty) days, it cannot be submitted to the MOLHR. For this circumstance, the applicant shall make a re-statement related to the deed of establishment.
Instead of only filling out the application form for such registration, the applicant shall also make a corporation statement regarding the rightness of the beneficial owner information of the CV, Firm or Persekutuan Perdata. MOLHR shall issue Certification of Registration/ Surat Keterangan Terdaftar (SKT) right after the application is approved.
The amendment of the AoA of CV, Firm and Persekutuan Perdata shall be submitted to the MOLHR within 30 (thirty) days since the notarial deed date of the amendment of AoA. If the amendment is not submitted to the MOLHR within the specified period of time, it cannot be submitted to the MOLHR.
If the registration application cannot be submitted electronically because the public notary is located in the place with no internet network unavailable or the Business Entity Administration System is not functioning properly, the applicant shall submit the application non-electronically by attaching the supporting documents and the statement letter from the Head of the Telecommunication Office stating that the related public notary is addressed in the place that has yet to be reached by internet facilities.
In connection with the CV, Firm and Persekutuan Perdata which have already been registered at the District Court within 1 (one) year after the enactment of this Regulation must also submit registration application in accordance with this Regulation. It is possible to use valid existing name used by the CV, Firm and Persekutuan Perdata and the registration is free of charge. However this Regulation is silent to the sanction for any corporation that does not submit the registration application. (ppm)
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