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There are two important things that a business needs in order to scale up: market access and capital access. However, to get both access requires business legality documents such as NIB, Deed of Establishment, SK Kemenkumham, NPWP, IUMK, and Intellectual Property Rights (IPR). Contract Law provides solutions for those who want to scale up their business.
Establishment of a Business Entity
Establishment of PT, Individual PT, CV, and other forms of business entities.
What to Know
The basic difference between a PT and a CV?
In a PT there is a separation of assets between personal property and company property, then there is a clear division of tasks because there are already PT organs that have their respective functions In a CV there is no separation of assets, and the division of roles and responsibilities is only divided into active and passive allies.
What are the conditions for using the name of a PT?
The name of the PT consists of at least 3 words and each word consists of at least 3 letters. And no foreign names. Example: Technology Partner – FALSE Technology Partner Indonesia – FALSE Technology Partner Indonesia – TRUE
PT vs CV, which is safer?
A Limited Liability Company (PT) has the advantage that the shareholders’ personal assets are separated from the company’s assets, so that in the event of a loss or bankruptcy, it will only involve the limited assets deposited in the form of share ownership. Unlike the case with CV, which can hold accountable up to the owner’s personal assets if the company suffers a loss. You can consult further regarding this matter with our lawyers at [email protected]
Can an Individual PT become a regular PT?
Even though in the Rules Individual PTs can change into ordinary PTs, until now it has not been possible to make such changes in the AHU system.
Can my child become a shareholder?
It depends, in the establishment of a legal entity, the party who wants to take legal action (become a shareholder of the company) must have 2 conditions: a. Be of legal age and competent
b. have a personal ID card and NPWP If the child fulfills both requirements, then the child can become a shareholder.
The establishment of my CV was authorized by the court, should I re-register with the Ministry of Law and Human Rights?
According to Permenkumham No. 17/2018, CVs are required to re-register their business entity at the Ministry of Law and Human Rights within 1 year with the notary who made the Deed of Establishment.
If the Founder of the PT is a foreigner, can the Notarial Deed be made in a foreign language?
- Deeds must be made in Bahasa Indonesia.
- In the event that the confronter does not understand the language used in the Deed, the Notary is obliged to translate or explain the contents of the Deed in a language understood by the confronter.
- If the parties wish, the Deed may be drawn up in a foreign language.
- In the event that the Deed is made as referred to in paragraph 3, the Notary is obliged to translate it into Indonesian.
- If the Notary is unable to translate or explain it, the Deed is translated or explained by an authorized interpreter.
- In the event that there are different interpretations of the contents of the Deed as referred to in paragraph 2, the Deed made in the Indonesian language shall prevail. (Legal basis: Law Number 2 of 2014 Concerning the Amendment to Law Number 30 of 2004 Regarding the Position of Notary Article 43)
Is NIB valid for life?
Yes, NIB is valid for life or as long as the business activity is running.
What to do after creating an NIB?
Fulfill the required licenses in accordance with the KBLI code stated on the NIB.
What is the maximum KBLI in NIB?
The maximum KBLI on NIB depends on the paid-up capital owned by a business actor.
Do all businesses have a SIUP (Business License)?
No, because SIUP documents are only issued for trading businesses. Therefore, non-trading business fields do not receive a business license, but obtain a business license according to their field. For example, the construction business sector gets SIUJK, or the tourism business sector gets TDUP.
What documents can be processed in OSS?
Currently, you can access OSS to apply for NIB (Business Identification Number), Business License, API (Import Identification Number), and Advanced License/Commercial License (e.g. BPOM, Edar License).
Can I register for VAT using a virtual office address?
Yes, in accordance with PMK No. 147/PMK.03/2017, you can use a virtual office address to register for PKP, but the Virtual Office Provider you occupy must have been confirmed for PKP.
Are companies required to register for PKP (Taxable Entrepreneur)?
PKP is only required for businesses that have a turnover of more than 4.8m per year and for businesses that want to participate in auction projects.
What is the function of Brand Usage?
- An identifying mark to distinguish the production produced by a person or several persons jointly or a legal entity from the production of other persons or other legal entities;
- A promotional tool, thus promoting its products simply by mentioning its Brand;
- Guarantee the quality of the goods;
- Indicators of where the goods/services were produced
Protection Period of Industrial Design
The protection period of an industrial design is 10 years from the date of acceptance. The holder of industrial design rights has the exclusive right to exercise his/her rights and to prohibit others without his/her consent from making, using, selling, importing, exporting, and/or distributing related products.
Introduction to Risk-Based Licensing
What is OSS RBA, Flow of Business License Issuance through OSS-RBA
Business Address or Virtual Office?
What is a Business Address & Virtual Office, Pros and Cons of Virtual Office, Pros and Cons of a Business Address
The Importance of Registering a Brand!
The importance of trademarks and registering them, how to register a trademark to be accepted, if the application gets a refusal proposal from the trademark examiner.
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