Hi you who are looking for information about the requirements for establishing a PT! This article will discuss everything you need to know about the requirements for establishing a Limited Liability Company (PT). Let’s see the complete guide here!
Definition of PT and its Benefits
Before discussing the requirements for establishing a PT, it’s good to know first what a PT is and what are its advantages. PT or Limited Liability Company is a business entity whose capital consists of shares, where shareholders have limited liability as much as the shares they own.
Advantages of Establishing a PT
- Limited Liability: Shareholders are only liable for the value of their shares, so there is less personal risk.
- Capital is Easier to Collect: With a stock system, a PT can raise capital more easily from investors.
- Business Sustainability: PT is easier to sustain as it is not dependent on individual owners.
- Ease of Access to Funding: PTs are more trusted by banks and investors, making it easier to get loans or investments.
Terms of Establishment of PT
To establish a PT, there are several requirements that you must fulfill. Here are the requirements for establishing a PT:
1. Administrative Requirements
Administrative requirements include the documents and data required to establish a PT. These documents include:
- Founder’s ID card: Each founder must provide a photocopy of their ID card.
- NPWP of Founder: Each founder must also have an NPWP.
- Family Card (KK): For founders using an old KTP without NIK, a KK is required.
- Photo Pass: A recent passport photo of the founder with a size of 3×4 cm.
- Certificate of Domicile: If using a business address, a domicile certificate from the local RT/RW is required.
2. Name of PT
The PT name you choose must fulfill several conditions:
- Unique and Unregistered: The name of the PT must be unique and not yet registered with the Ministry of Law and Human Rights (Kemenkumham).
- Not Contrary to Morals and Decency: The name of a PT must not contain words that contradict morals, religion, and public decency.
- Minimum of 3 Words: The name of the PT must consist of at least three words.
3. Authorized and Paid-up Capital
The authorized capital of a PT is the total capital agreed upon by the founders, while the paid-up capital is the capital actually deposited by the founders as the initial capital of the company.
- Base Capital: Minimum IDR 50,000,000 (in accordance with the Job Creation Law).
- Paid-up Capital: At least 25% of the authorized capital must be deposited into the company’s account.
4. Composition of Shareholders and Management
A PT must have at least two shareholders and two administrators (Director and Commissioner). Here are the requirements for shareholders and management:
- Shareholders: At least two or more people, can be individuals or legal entities.
- Director: Must be an Indonesian citizen (WNI).
- Commissioner: Can be Indonesian citizen or foreigner.
5. Deed of Establishment of PT
The deed of establishment of a PT is an official document made by a notary that contains the agreement to establish a PT. This deed must include:
- Name and Address of PT: The name of the approved PT and the office address of the PT.
- Purpose and Objectives: The field of business to be carried out by PT.
- Authorized and Paid-up Capital: Total authorized capital and paid-up capital.
- Composition of Shareholders and Management: The names of the shareholders and management of PT.
6. Ministry of Law and Human Rights approval
After the deed of establishment of a PT is made, the next step is to apply for legalization to the Ministry of Law and Human Rights. This legalization process includes:
- Online Submission: File the deed of establishment of a PT through the Kemenkumham online system.
- Payment of Attestation Fee: Pay the attestation fee in accordance with applicable regulations.
- Endorsement: After all the requirements are met, the Ministry of Law and Human Rights will issue a decision letter to legalize the PT.
7. Tax ID Number and Tax Decree
After obtaining authorization from the Ministry of Law and Human Rights, the next step is to arrange for an NPWP and Tax Registered Certificate (SKT) for the PT. These documents are needed so that the PT can carry out its business activities legally.
- NPWP PT: Apply for a PT NPWP to the local tax office.
- Tax Decree: Obtain SKT Pajak as proof of PT registration at the Tax Office.
8. Business License and Operational License
After all the legality documents are fulfilled, the last step is to apply for business licenses and operational licenses in accordance with the field of business being run. These licenses include:
- NIB (Business Identification Number): Apply for NIB through the OSS (Online Single Submission) system.
- Business License: Take care of business licenses in accordance with the field of business being run, such as SIUP (Trading Business License), IUI (Industrial Business License), and others.
- Operating License: Special operational permits in accordance with the type of business being run, such as restaurant business licenses, hotels, and others.
Steps to Establish a PT
Here are the steps of establishing a PT that you need to do:
- Select PT Name: Make sure the PT name you choose is unique and meets the applicable regulations.
- Prepare Documents: Complete all necessary documents such as KTP, NPWP, KK, and passport photo.
- Select Notary: Choose a notary who is trusted and has experience in making PT establishment deeds.
- Create a Deed of Establishment: The notary will make the deed of establishment of the PT based on the information you provide.
- Apply for Endorsement: Submit the deed of establishment of the PT to the Ministry of Law and Human Rights for legalization.
- Get your TIN and Tax ID: Urus NPWP and SKT Tax for PT.
- Apply for Business License and Operational License: Apply for a business license and operational permit in accordance with the business field you are running.
Company Establishment Fee
The cost of establishing a PT can vary depending on several factors such as notary services, PT authorized capital, and administrative fees. The following is an estimate of the costs or expenses that you need to prepare:
- Notary Service Fee: Starting from IDR 5,000,000,- to IDR 15,000,000,-
- Ministry of Law and Human Rights Legalization Fee: Approximately IDR 1,000,000
- Other Administration Fees: Starting from IDR 500,000,- to IDR 2,000,000,-
The total cost you need to prepare ranges from IDR 6,500,000 to IDR 18,000,000 depending on the complexity and policy of the notary you choose.
Tips to fulfill the requirements for establishing a PT without hassle
Here are some tips that you can apply to fulfill the requirements for establishing a PT without complicated:
- Find a Trusted Notary: Do your research to find a trustworthy notary who has experience in making PT establishment deeds. A good notary will help you understand and fulfill all the requirements correctly.
- Use Online Processing Services: Currently, there are many online PT management services that offer convenience and more affordable costs than conventional management. Online management services also usually have a more efficient and faster system.
- Prepare Documents Completely: Make sure all required documents are complete and correct to avoid additional costs due to errors or lack of documents. Complete and correct documents will speed up the process of establishing a PT.
- Consult an Expert: If you find it difficult to understand the requirements or the process of establishing a PT, do not hesitate to consult with experts or professionals in this field. They can provide the right guidance and assistance.
- Utilize Service Packs: Some notaries or PT management services offer service packages that include all the needs of establishing a PT, from making deeds to processing business licenses. This service package is usually more practical and economical.
Establishing a PT requires careful preparation and understanding of the requirements that must be met. By following this complete guide, you can more easily understand and manage the process of establishing a PT. Make sure you choose the right notary, prepare all the documents completely, and take care of all the necessary permits so that your PT can operate legally and smoothly.
If you need help in the process of establishing a PT, you can rely on Kontrak Hukum. With its experience and professionalism, Kontrak Hukum is ready to help you realize your dream of establishing a PT easily and quickly. Visit Contract Law for more information and a free consultation.
