Articles of Incorporation Public is a crucial document required for establishing a public company in Indonesia, serving as the company's constitutional document throughout its existence. This document must be prepared when founding a new public company or converting an existing private company to public status, and requires approval from the Ministry of Law and Human Rights and the Financial Services Authority (OJK). The Articles must comply with Indonesian Company Law (Law No. 40 of 2007) and capital market regulations, containing detailed provisions about share capital, corporate governance, shareholder rights, and management structures. It forms the basis for all corporate actions and provides the framework for the company's operations in the Indonesian capital market.
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1. Name and Domicile: Company name, legal domicile, and duration of the company's existence
2. Purpose and Objectives: Business activities and objectives of the company in accordance with KBLI (Indonesian Standard Industrial Classification)
3. Capital Structure: Details of authorized capital, issued capital, paid-up capital, and classification of shares
4. Shares: Share types, rights attached to shares, share certificates, and share transfer provisions
5. General Meeting of Shareholders: Procedures, authority, and requirements for conducting GMS
6. Board of Directors: Composition, appointment, duties, authorities, and responsibilities of directors
7. Board of Commissioners: Composition, appointment, duties, and authorities of commissioners
8. Annual Report and Financial Statements: Requirements for financial reporting and annual reports
9. Use of Profits and Dividend Distribution: Provisions for profit allocation and dividend payment procedures
10. Dissolution and Liquidation: Procedures and conditions for company dissolution and liquidation
1. Independent Commissioners: Additional provisions for independent commissioners required for certain industries or business activities
2. Audit Committee: Structure and duties of the audit committee, included when required by specific regulations
3. Corporate Secretary: Role and responsibilities of corporate secretary, mandatory for public companies but sometimes detailed in separate document
4. Electronic GMS: Provisions for conducting electronic general meetings of shareholders, included if company wants this flexibility
5. Environmental and Social Responsibility: Specific provisions for corporate social responsibility, included for companies in certain sectors
6. Subsidiary Management: Provisions for managing subsidiaries, included if company plans to have subsidiaries
1. Share Ownership Details: Complete list of initial shareholders and their shareholding percentages
2. Board Member Information: Detailed information about initial directors and commissioners
3. Business Activities: Detailed KBLI codes and descriptions of permitted business activities
4. Company Address: Complete details of registered office and branch offices if any
5. Initial Capital Structure: Detailed breakdown of initial capital structure and contributions
6. Corporate Governance Guidelines: Detailed corporate governance procedures and policies
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