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New Provisions on Implementation of Company Registration

By August 28, 2018 No Comments

Background

In order to support the acceleration and increase of investment and business, the Minister of Trade issued the Minister of Trade No. 76 of 2018 on Implementation of Company Registration (“MOT Regulation 76/2018”). The MOT Regulation 76/2018 is issued in view of the Government Regulation No. 24 of 2018 on Electronic Integrated Business Licensing Services.

Company Registration

Any company in the form of a limited liability company, cooperative, commanditaire vennootschap, firm, individual, and other forms of business, including foreign company with the status of company representative which is domiciled and conducted business in Indonesia shall be registered in the company registration. The Company registration shall be conducted through the Online Single Submission (“OSS”). The entrepreneur that has conducted the company registration will obtain a business identification number (“NIB”) that applies as the company registration certificate (“TDP”).

The registration is free of administration fees and done by filling information, at least as follows:

  • name and identity identification number;
  • address;
  • type of business;
  • location of investment;
  • value of investment plan;
  • use of labor plan;
  • contact and/or business number;
  • fiscal, custom or other facilities request plan,
  • Tax Identity Number (NPWP) of individual entrepreneur.

Obligation of TDP Holder

The company that has received the NIB as TDP must place the NIB in the location that is easy to be read and seen by the public. The NIB shall also be mentioned on the company’s nameplate and documents that are used for its business. The change of company data must be reported through the OSS system. Further, the entrepreneur that has conducted company registration before the issuance of this MOT Regulation No.78/2018, shall conduct the company regulation according to the provisions of MOT Regulation No.78/2018 at the latest on 20 July 2020.

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This MOT Regulation No. 78/2018 revokes the previous regulations on the company registration, such as (a) Minister of Trade Regulation No. 37/ M-DAG/ PER/9/ 2007 as amended lastly by Minister of Trade Regulation No. 08/M-DAG/ PER//2017, (b) Minister of Trade Regulation No. 77/ M-DAG/PER/ 12/2013 as amended lastly by Minister of Trade Regulation No. 14/M-DAG/PER/3/2016, and (c) Minister of Trade Regulation No. 48/M-DAG/PER/6/2016 as amended by Minister of Trade Regulation No. 49/M-DAG/PER/6/2016.


Ivor Ignasio Pasaribu