Articles of Organization are required when establishing a new company (Perseroan Terbatas/PT) in Indonesia or when making fundamental changes to an existing company's structure. This document is mandated by Law No. 40 of 2007 on Limited Liability Companies and must be prepared in accordance with Indonesian legal requirements. The Articles of Organization contain essential information about the company's identity, purpose, capital structure, management framework, and operational guidelines. They serve as the primary reference for corporate governance and must be authenticated by a public notary and registered with the Ministry of Law and Human Rights. The document is particularly crucial for foreign investors as it must comply with Indonesia's investment regulations and sector-specific requirements.
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1. Company Name and Logo: Official name of the company in accordance with name approval from Ministry of Law and Human Rights, and company logo if applicable
2. Company Domicile: Official address and location of the company's headquarters within Indonesian territory
3. Purpose and Objectives: Detailed description of business activities and objectives in accordance with the Indonesian Standard Industrial Classification (KBLI)
4. Capital Structure: Details of authorized capital, issued capital, and paid-up capital, including number and types of shares
5. Shares: Classes of shares, rights and obligations attached to shares, and share transfer procedures
6. Board of Directors: Composition, appointment procedure, duties, authorities, and responsibilities of the Board of Directors
7. Board of Commissioners: Composition, appointment procedure, duties, and authorities of the Board of Commissioners
8. General Meeting of Shareholders: Procedures for conducting GMS, voting rights, quorum requirements, and decision-making processes
9. Annual Reports and Distribution of Profits: Requirements for financial reporting and procedures for profit distribution
10. Duration: Period of company establishment (whether definite or indefinite)
11. Dissolution and Liquidation: Procedures and conditions for company dissolution and liquidation process
1. Foreign Investment Provisions: Required when the company has foreign ownership, detailing specific requirements and restrictions
2. Shareholder Agreement Reference: Used when there are specific arrangements between shareholders that need to be referenced
3. Branch Offices: Include when the company plans to establish branch offices or representative offices
4. Special Rights Shares: Required when the company issues shares with special rights or different classes
5. Corporate Social Responsibility: Optional section detailing CSR commitments, often included for larger companies
6. Environmental Compliance: Required for companies in industries with environmental impact
7. Specific Industry Provisions: Required for regulated industries like financial services or mining
1. Share Ownership Details: Complete list of initial shareholders and their respective shareholdings
2. Initial Board Composition: Details of first appointed Board of Directors and Board of Commissioners
3. Business Activities List: Detailed KBLI codes and descriptions of permitted business activities
4. Capital Structure Breakdown: Detailed breakdown of capital structure including share classes and values
5. Company Logo Specification: Technical specifications and usage guidelines for company logo if applicable
6. Required Licenses: List of mandatory licenses and permits for company operations
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