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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:
Employees are entitled to 12 days of paid annual leave after completing one year of continuous service with the same employer. This entitlement is separate from public holidays and must be provided in compliance with company regulations or employment contracts.
What is a Demand Letter?
A demand letter is a formal written notice sent to an individual or entity outlining a legal claim and demanding a specific action, such as payment of a debt or performance of an obligation. It serves as a first step to resolving disputes without resorting to litigation proceedings in court.
When should I use a Demand Letter in Indonesia?
A demand letter is typically used in situations where you have a legal claim against another party, such as unpaid debts, breach of contract, or property disputes. It’s an effective way to seek a resolution before considering legal action in court.
Is a Demand Letter legally required before filing a lawsuit before the Indonesian Court?
Yes, it is legally required according to Indonesian Supreme Court orders.
How long should I give the other party to respond to a Demand Letter?
Typically, a demand letter gives the other party 14 to 30 days to respond, depending on the nature of the claim and the urgency of the situation.
What happens if the other party ignores the Demand Letter?
As your lawyer, we will follow up, conducting communication and negotiation with the other party, before escalating the matter by pursuing legal action in court. The demand letter serves as evidence and legal ground before filing a lawsuit.
Can a Demand Letter be used for Debt Collection in Indonesia?
Yes, a demand letter is commonly used in debt collection to formally request payment of outstanding debts. It can help prompt the debtor to pay or negotiate a settlement before considering more serious legal actions.
Can a Demand Letter be used in International Disputes involving Indonesian law?
Yes. It sets out your claim under Indonesian law and seeks resolution before potentially involving foreign legal systems or arbitration.
What should I do if I receive a Demand Letter?
Read it carefully and understand the claims being made. Assess the validity of the claims and gather relevant documents. Consult with our lawyers to evaluate your legal options. Respond within the timeframe specified, either agreeing to the demands, negotiating, or denying the claims.
Can a Demand Letter be sent via email in Indonesia?
While traditional methods like registered mail are preferred for their formality and proof of delivery, a demand letter can also be sent via email, especially for preliminary negotiations. However, ensure you keep records of correspondence and delivery confirmation.
Can a Demand Letter include a demand for legal fees?
Yes, it can be included for reimbursement of legal fees incurred due to the dispute.
What are the next steps if a Demand Letter is failed?
If a demand letter is ignored or failed, the next steps may include initiating formal legal proceedings, such as filing a lawsuit or seeking arbitration. Consult with our lawyers to determine the best course of action based on the specifics of your case.
What is a Cross-Border Tax Opinion?
A Cross-Border Tax Opinion provides expert analysis and advice on how Indonesian tax laws apply to your international business transactions. It helps you understand and manage tax obligations when dealing with foreign income, investments, and operations.
What are the common issues addressed in a Cross-Border Tax Opinion?
Common issues include managing double taxation, understanding withholding tax on foreign payments, navigating tax treaty benefits, and addressing transfer pricing concerns.
Is a Cross-Border Tax Opinion legally binding?
While a Cross-Border Tax Opinion is not legally binding, it offers authoritative guidance based on the current interpretation of Indonesian tax laws. It’s a critical tool for informed decision-making and compliance.
What information do I need to provide for a Cross-Border Tax Opinion?
We’ll need details about your business structure, the nature of your international transactions, relevant financial data, and any existing tax documentation. The more information you provide, the more precise our analysis can be.
What are the tax treaties that Indonesia has in place, and how do they affect my cross-border transactions?
Indonesia has tax treaties with various countries to avoid double taxation and prevent tax evasion. These treaties can impact how your international income is taxed, offering potential tax reliefs. We help you understand and apply these treaty benefits effectively.
What is a permanent establishment, and how does it impact my tax obligations?
A permanent establishment (PE) is a fixed place of business through which a foreign enterprise conducts business in Indonesia. If your business activities create a PE, you may be subject to Indonesian corporate income tax. We can help you determine if your operations constitute a PE and advise on managing the tax implications.
How does Indonesian tax law treat digital services provided from abroad?
Digital services provided by foreign companies to Indonesian consumers may be subject to Value Added Tax (VAT) and other local taxes. Our services help you navigate these regulations and ensure proper tax compliance for your digital operations.
What is Contract Drafting?
Contract drafting involves creating legally binding agreements tailored to the needs of the parties involved, ensuring all essential terms and conditions are clearly defined.
Why is contract review important?
Contract review helps identify potential risks, clarify obligations, and ensure that the contract aligns with your legal and business interests, preventing future disputes.
What should be included in a contract?
Key elements include the parties’ identities, terms of the agreement, rights and obligations, payment details, dispute resolution mechanisms, and termination conditions.
Do contracts in Indonesia need to be in Bahasa Indonesia?
Yes, under Indonesian Law No. 24 of 2009, contracts involving Indonesian entities must be drafted in Bahasa Indonesia. However, bilingual contracts are also common for international dealings.
How long does it take to draft or review a contract?
The timeframe depends on the complexity of the contract. Simple agreements can be handled in days, while more complex contracts may take longer due to negotiations or specific legal considerations.
Can I modify a contract after signing it?
Yes, contracts can be modified post-signature, but amendments must be agreed upon by all parties and documented in writing to be enforceable.
What are common mistakes in contract drafting?
Common mistakes include ambiguous terms, missing key clauses, overlooking applicable laws, and failing to address dispute resolution.
Do I need a lawyer for every contract?
While not legally required, consulting a lawyer ensures the contract is legally sound, protects your interests, and avoids potential pitfalls.
What happens if a contract term is violated?
If a contract term is violated, it constitutes a breach. The non-breaching party may seek legal remedies such as damages, contract termination, or specific performance, depending on the contract’s terms.
What are the risks of using template contracts?
Templates may not account for the unique aspects of your transaction or relationship, which can lead to gaps in protection or unforeseen legal risks.
Is electronic signature valid in Indonesia?
Yes, electronic signatures are legally recognized in Indonesia under the Electronic Information and Transactions Law, provided they meet certain requirements.
Can international contracts be governed by foreign law?
Yes, parties can choose foreign law to govern their contract. However, the contract must still comply with Indonesian law when it involves Indonesian parties or is executed in Indonesia.
What should I look for in a contract review?
Look for clarity in obligations, fairness in terms, compliance with Indonesian laws, potential risks, and whether your rights and interests are adequately protected.
When should I consider Tax Due Diligence?
Tax Due Diligence is crucial during mergers, acquisitions, company restructuring, or when preparing for a sale. It ensures you have a clear understanding of the company’s tax position before making critical decisions.
What are the potential outcomes of Tax Due Diligence?
Our findings will highlight any tax risks, compliance issues, or areas where improvements are needed. We provide recommendations to address these issues, helping you make informed decisions.
What happens if tax issues are found during Due Diligence?
If tax issues are identified, we’ll work with you to develop strategies to mitigate these risks. This may involve negotiating with the other party in the transaction or addressing the issues before proceeding.
Can Tax Due Diligence prevent future tax disputes?
While it can’t guarantee immunity from future disputes, Tax Due Diligence significantly reduces the risk by ensuring that any existing issues are identified and addressed early on.
Can Tax Due Diligence affect the valuation of a company?
Yes, Tax Due Diligence can impact a company’s valuation. Unresolved tax issues or significant liabilities discovered during the process may lead to adjustments in the purchase price or deal terms.
What are the common challenges in Tax Due Diligence in Indonesia?
Challenges include navigating complex tax regulations, incomplete or inaccurate financial records, and historical non-compliance.
How does Tax Due Diligence differ from a standard financial audit?
A financial audit focuses on the accuracy of financial statements, while Tax Due Diligence specifically examines tax compliance and risks. The two processes complement each other but serve different purposes.
There are two types of employment contracts: Fixed-term contracts (Perjanjian Kerja Waktu Tertentu or PKWT) and Indefinite-term contracts (Perjanjian Kerja Waktu Tidak Tertentu or PKWTT). Fixed-term contracts are used for specific time periods or projects, while indefinite-term contracts are open-ended.
The Indonesian Ministry of Law and Human Rights Regulation Number 22 of 2023 outlines the legal framework for all visas and stay permits.
No, freelancers or self-employed individuals cannot apply for a Work Permit KITAS. The KITAS requires sponsorship from an Indonesian company that employs you in a specific role. However, other visa types may be available depending on your circumstances and types of freelancer activity.
