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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:
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.
Mutual agreements between employers and employees to terminate an employment relationship must be documented in writing and signed by both parties. It is a voluntary process, and the employer typically offers compensation or severance payments in line with government regulations.
What is a Company Registry document?
A Company Registry document is a formal record by Indonesian Ministry of Law and Human Rights that contains key information about a registered company in Indonesia, such as its legal name, address, shareholders, and directors.
Why is it important to check a company’s background before doing business?
Conducting a background check helps you verify a company’s legitimacy and legal standing, minimizing risks and ensuring trustworthiness.
What information can be obtained from a Company Registry search?
You can obtain details like the company’s legal status, registration number, shareholders, board of directors, authorized capital, and business activities.
What should I do if a company’s registry details seem suspicious?
Consult with our lawyers immediately to investigate further and ensure that all necessary legal actions are taken to protect your interests.
Is it possible to check whether a company has legal disputes or cases against it?
Yes, it needs further investigation.
Can I check the history of changes in a company’s structure?
Yes.
What types of company can I conduct background checks?
It is for foreign-owned company in Indonesia (PT Penanaman Modal Asing (PT PMA) and local company in Indonesia (PT PMDN).
These agreements provide certainty and predictability in asset division, protect family wealth, and reduce conflicts in the event of divorce or separation. They allow couples to plan for the future and safeguard their financial interests.
No, you cannot hold both at the same time. You must choose between the Work Permit KITAS and the Investor KITAS depending on your role in Indonesia, whether it is as an employee or an investor.
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.
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 types of cases are handled by Indonesian State Administrative Courts (PTUN)?
The cases involve disputes over administrative decrees, including issues related to business permits, licenses, regulatory compliance, issuance of land certificate, land use regulations, administrative sanctions imposed by Indonesian government agencies, etc.
What are the conditions for a state administrative decree to be disputed in Indonesian State Administrative Court (PTUN)?
The state administrative decree shall be written decision; issued by a State Administrative Agency Office; constituting an act of state administrative law; based on relevant legal regulations; concrete, individual, and final; and generating legal consequences for an individual or legal entity.
What are the grounds for challenging an administrative decision in Indonesian State Administrative Courts?
Common grounds for challenging administrative decisions include procedural errors, violations of statutory rights, lack of legal basis, decisions that are deemed unlawful or unfair, etc.
What happens if I miss the 90-day deadline to file a lawsuit in Indonesian State Administrative Courts?
Missing the 90-days deadline to file a lawsuit can result in the case being dismissed due to procedural non-compliance. It is crucial to adhere to statutory deadlines to avoid potential legal obstacles.
