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A company deed of amendment is mandatory whenever there are changes to the composition of shareholders’ ownership, leadership structure (i.e., directors or commissioners), capital structure (authorized or paid-up capital), the company’s legal domicile, line of business activities, etc.
A company deed of amendment is essential under the Indonesian legal framework to ensure legal recognition, compliance with applicable regulations, transparency in corporate governance, fulfillment of contractual obligations, risk management, and proper recordkeeping of significant changes within a company.
Failing to execute a company deed of amendment may result in various legal consequences and sanctions, as follows:
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Company liquidation under Indonesian law refers to a structured legal process by which a company closes its operations, distributes its remaining assets, and ultimately dissolves (winds up) its legal existence. It involves various stakeholders and requires compliance with specific legal procedures outlined in Indonesian company and bankruptcy laws.
We can assist you every step of the way in the process of liquidating (winding up) your company, from initiation to completion.
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Documents translation is crucial for businesses, individuals, and organizations needing documents translated from one language to another, often for legal, administrative, or commercial purposes.
Let’s partner with us for expert Translation Documents services in Indonesia. Whether you require translations for business contracts, personal documents, or legal agreements, we are here to assist you with professionalism and dedication.
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Legalization & Notarization of Indonesian documents are crucial that ensure the validity, authenticity, and official recognition for various purposes. In Indonesia, documents must undergo legalization or attestation by the Indonesian government, sometimes requiring notarization by a licensed notary public. This process is essential for validating documents for use both domestically and internationally.
The essential steps typically include:
Additional actions may be necessary, such as translating the document into English or another foreign language, notarizing the document, and obtaining legalization from other government institutions.
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We help individuals and corporations navigate the complexities of real estate/property and land acquisition transactions in Indonesia. Whether you are buying, selling, investing, or leasing commercial property or land, our experienced lawyers are here to assist you with expert legal guidance and support to make the process smooth and stress-free.
Our Services Include:
The Indonesian Ministry of Law and Human Rights Regulation Number 22 of 2023 outlines the legal framework for all visas and stay permits.
Failure to register a foreign marriage in Indonesia may lead to not having a legal standing and complications in legal matters such as property ownership and inheritance matters. It is important to ensure proper registration to secure legal recognition and rights in Indonesia.
A CLA is a negotiated agreement between the employer and a registered labor union, outlining terms of employment for the union members. It covers salaries, benefits, dispute resolution mechanisms, and working conditions. CLAs must be registered with the Ministry of Manpower.
Employment contracts must be in writing and should clearly outline both employer’s and employee’s rights and obligations, including job responsibilities, working hours, salary, benefits, and the duration of employment. The contract should comply with Indonesian Manpower Law No. 13 of 2003, as amended by the Job Creation Law.
No, business activities such as attending meetings or negotiations are not allowed on a Tourist Visa. For such activities, you must apply for a Single-Entry Business Visa or a Multiple-Entry Business Visa, depending on your needs.
What is the difference between a civil and commercial litigation case?
Civil litigation covers a broader range of disputes including personal injury and family law, while commercial litigation specifically deals with business-related disputes like contracts, partnerships, and corporate matters.
What are the common types of civil & commercial litigation in Indonesia?
Broadly speaking, there are two legal disputes, the Breach of Contract and the Unlawful Act issues.
What is a commercial contract dispute?
A commercial contract dispute arises when parties disagree on the interpretation or performance of a contract. Common issues include non-payment, breach of terms, and delivery of goods or services.
How long does civil & commercial litigation take in Indonesia?
The duration varies depending on the complexity of the case and the court’s schedule. Practically it takes around 6 (six) months on the first court instance (District Court).
Can disputes be resolved earlier before going to the court hearing process?
Yes, the court provides and facilitates the parties to settle the dispute in the early stage through a mediation process which involves a neutral mediator helping the parties settle.
How does commercial litigation interact with Indonesian bankruptcy laws?
Commercial litigation can intersect with Bankruptcy if a debtor is unable to pay. We assist in filing claims, representing your interests in bankruptcy proceedings, and ensuring your rights as a creditor are protected.
How do I enforce a court decision in a commercial dispute?
The specific enforcement methods depend on the nature of the judgment and legal mechanism. Please consult with our lawyer.
What are the risks of not addressing civil or commercial disputes promptly?
Delaying action can lead to escalated conflicts into more complicated, exceeding the statute of limitation, increased legal costs, and potential damage to your business.
What is the role of an expert witness in commercial litigation?
An expert witness provides specialized knowledge and testimony to support your case. They can help explain complex issues to the court and bolster your arguments with authoritative insights.
What is the difference between Litigation and Arbitration?
Litigation is a court-based process, while Arbitration is another legal forum, that involves neutral arbitrators who issue a binding decision. Arbitration is typically faster and more private but both parties shall mutually agree to settle the dispute into Arbitration and can be limited in scope of the legal disputes and legal remedy options.
What is the role of evidence in commercial litigation?
Evidence is crucial in proving your case. This includes documents and witness testimony. Our lawyer assists in gathering and presenting evidence effectively to support your claim.
What happens if a party does not comply with a court order?
Non-compliance can lead to enforcement actions such as asset seizure or additional legal penalties. Our lawyers take necessary steps to ensure compliance with court orders and protect your interests.
What is the importance of contract drafting in preventing commercial litigation?
Proper contract drafting helps prevent disputes by clearly outlining the rights and obligations of each party. We assist in drafting and reviewing contracts to minimize the risk of future litigation.
Can foreign companies litigate in Indonesia?
Yes, they must comply with local laws and legal procedures. We provide guidance and representation to navigate the Indonesian legal system effectively.
What should I do if I am being sued or receive a legal notice or summons from an Indonesian court?
Contact our lawyer immediately to review the notice or summons, understand your legal obligations, formulate and develop the legal strategy. Prompt action is essential to protect your rights and interests.
Severance pay is calculated based on the employee’s length of service and the reason for termination. The formula includes severance pay, service appreciation pays (if applicable), and compensation for untaken leave or other rights as per Government Regulation No. 35 of 2021.
If your investment falls below the required threshold (IDR 1 billion in shares or IDR 10 billion in capital), your Investor KITAS may be revoked, and you could lose your right to stay in Indonesia under that permit. It’s essential to monitor your investment levels to maintain compliance.
