Beneficial Ownership Indonesia: A Handy Guide for You

A Handy Guide to Beneficial Ownership in Indonesia

  • InCorp Editorial Team
  • 7 December 2020
  • 4 minutes reading time

Beneficial ownership in Indonesia has several definitions in different areas:

  • Banks: individuals who own funds or control the customers’ transactions
  • Payment systems: individuals who own funds or control the service users’ transactions
  • Non-bank financial services: individuals who own funds, control or authorise the customers’ transactions
  • Capital market sector: individuals who are entitled to certain benefits from the sector, control or authorise the customers’ transactions, or is the funds’ real owners

Who can be a Beneficial Owner in Indonesia?

As per the Presidential Regulation on beneficial ownership in Indonesia, every corporate in the country must have at least one beneficial owner.

The beneficial owners must meet the following requirements depending on the type of the legal entity:

1. Limited Liability Companies

  • Own more than 25% of the company’s shares
  • Have more than 25% of the company’s voting right
  • Have more than 25% of the company’s annual profits
  • Authorised to discharge, replace, or appoint commissioners or directors
  • Earn benefits from the company
  • Own the power to control or influence the company without acquiring other parties’ authorisation
  • The real owner(s) of the company’s shares

 

2. Associations

  • Own more than 25% of the association’s funding source
  • Receive more than 25% of the association’s annual profits
  • Authorised to discharge, replace, or appoint supervisors or executives
  • Own the power to control or influence the association without acquiring other parties’ authorisation
  • The real owner(s) of the funding source
  • Earn benefits from the association

 

3. Foundations

  • Own more than 25% of the foundation’s initial assets
  • Authorised to discharge, replace, or appoint supervisors or executives
  • Own the power to control or influence the foundation without acquiring other parties’ authorisation
  • The real owner(s) of the investment funds or other assets
  • Earn benefits from the foundation

What Are the Required Documents to Appoint a Beneficial Owner?

Businesses that wish to implement the beneficial ownership in Indonesia submit required documents regarding the beneficial ownership to relevant authorities for identification and verification.

The company shall submit all documents via the Corporation Administration Service System, or Sistem Pelayanan Administrasi Korporasi in the Indonesian language.

  • Full name(s) of beneficial owner(s)
  • Date of birth and place of birth
  • Citizenship
  • Passport, identity number, or driving license
  • Country of origin
  • Address of residency must be the same as on the identity card
  • Tax identification number
  • The relationship between the beneficial owner and the business

What is the Process of Appointing a Beneficial Owner?

1. A corporation or a relevant authority can set the corporation’s beneficial owner(s) based on the information acquired below:

  • Article of association
  • Authorities’ information
  • The business’ obligation documents
  • Documents of decisions of the general meeting of shareholders, the meeting of the board, the meeting of foundation organ, and the meeting of members
  • Private institutions’ information in regards to benefits provided to beneficial owners or fund transfer and placement
  • Results from the audit of the corporation conducted by authorities
  • Other documents including the proof of the true owners of funds, assets, or investments of the corporation

 

2. The company then determines the beneficial owners’ categories based on the obtained documents and information. The categories are as follows:

  • Beneficial ownership identified
  • Beneficial ownership not identified
  • Beneficial ownership not verified

How Cekindo can Assist

Establishing your beneficial ownership in Indonesia is just one call away with Cekindo. Our experts with a wide range of business and legal knowledge and experiences will take care of every requirement with your minimum involvement.

We make the whole process of your beneficial ownership in Indonesia simpler and faster for you. Let Cekindo help you in bringing your business ventures to life.

Fill in the form below for a no-obligation consultation.

Verified by

Daris Salam

COO Indonesia at InCorp Indonesia

With more than 10 years of expertise in accounting and finance, Daris Salam dedicates his knowledge to consistently improving the performance of InCorp Indonesia and maintaining clients and partnerships.

Frequently Asked Questions

    It is advisable to make a minimum paid-up capital deposit after the company completes its establishment process. Another option is after the company receives the Articles of Association and Deed of Establishment.

    There are a few things to consider, such as:

    • Prohibit any form of discrimination and provide equal opportunity for Indonesians and expatriates
    • Increase the competence of workers by giving or encouraging job training.
    • Follow the termination procedures (Terminating an employee in Indonesia can be long, tedious, and expensive.
    • Observe working hours, holidays, and overtime regulations
    • Give mandatory employee benefits, including social security and health insurance
    • Withhold only the right amount of income tax on behalf of the employees
    • Follow the wages and other benefits outlined by the law
    • Process work permits for foreign employees

    To provide you with accurate pricing information for our HR outsourcing services, we consider the complexities of your inquiries and the dynamic nature of regulations in Indonesia. As a result, the pricing for the service may vary accordingly. For detailed information, please get in touch with our consultants.

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Disclaimer

The information is provided by PT. Cekindo Business International (“InCorp Indonesia/ we”) for general purpose only and we make no representations or warranties of any kind. We do not act as an authorized government or non-government provider for official documents and services, which is issued by the Government of the Republic of Indonesia or its appointed officials. We do not promote any official government document or services of the Government of the Republic of Indonesia, including but not limited to, business identifiers, health and welfare assistance programs and benefits, unclaimed tax rebate, electronic travel visa and authorization, passports in this website.