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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.
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:
A Company Deed of Amendment is a legal document that updates or changes the original company deed, reflecting alterations in company structure, name, address, or other key details.
A Deed of Amendment updates an existing company’s details, while a new company establishment involves creating a new legal entity with its own deed.
It is needed when there are significant changes in the company’s management, business activities, address, or when updating the company’s capital structure.
It ensures that the company’s legal documents reflect the current business structure and operations, which can be crucial for legal compliance and business transactions.
Failure to file the amendment may result in discrepancies between the company’s actual situation and its legal documents, which can lead to compliance issues and legal complications.
No, changes to the articles of association generally require an amendment to the company deed to reflect these changes officially.
liquidation can be either voluntary or involuntary. Voluntary liquidation occurs when the company’s shareholders decide to wind up the company, while involuntary liquidation is initiated by a court order due to insolvency or other legal reasons.
The main steps include: Board of Directors Resolution, Appointment of Liquidator, Notification, Settlement of Debts, Asset Distribution, Final Report and Deregistration.
The process can vary depending on the complexity of the company’s affairs and the efficiency of the liquidator, but it typically takes between 6 to 12 months, or more.
No, the company must settle all its debts before it can proceed with liquidation. If there are insufficient assets to cover the debts, the company will be declared insolvent.
Directors or shareholders are generally not liable beyond their investments. However, if misconduct or fraud is involved, they may face legal consequences.
Yes, the company may need to settle any outstanding taxes.
If assets are insufficient, the company will be declared insolvent. The liquidator will follow the legal process for insolvency.
The process involves several key steps: identifying and assessing the property, conducting due diligence, negotiating terms, drafting and signing a Sale and Purchase Agreement, and completing the transfer of ownership through the relevant land office. Legal consultation is crucial to ensure compliance with Indonesian regulations.
Foreigners cannot directly own freehold land in Indonesia. However, they can acquire property through a long-term leasehold arrangement or through a foreign investment company (PT PMA). Consult with our firm to explore the best options.
Hak Milik (Freehold Title): Full ownership, available only to Indonesian citizens.
Hak Guna Bangunan (Building Rights): Allows construction and use of land for up to 30 years, extendable.
Hak Pakai (Usage Rights): Allows use of land for specific purposes, often for up to 25 years, extendable.
The agreement should detail the property description, purchase price, payment terms, timeline, obligations of each party, and any conditions precedent. Our legal team ensures all necessary elements are covered to protect your interests.
Disputes can be resolved through negotiation, mediation, or legal proceedings. It’s crucial to address any disputes promptly and seek legal advice to protect your interests. Our firm offers expert guidance and representation in property disputes.
We provide comprehensive legal services, including due diligence, drafting and reviewing agreements, ensuring regulatory compliance, and handling all legal aspects of property acquisition to ensure a smooth and secure transaction.
