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InCorp offers a comprehensive range of solutions to ease the company registration process and help you create a viable roadmap for your business.
Get assistance from experts with a decade of experience in assisting international business owners expanding into Indonesia.
Avoid any bureaucratic complexity when closing your company by engaging with our experienced legal advisors.
What type of legal entities should you choose to register a company in Indonesia? We can assist you in choosing which is the best one to grow your business.
To help businesses survive during this unfortunate time, InCorp provides corporate recovery in Indonesia and insolvency services.
Granting an environmental permit in Indonesia needs an Environmental Impact Analysis (AMDAL) in advance.
Obtaining property & land ownership in Indonesia offers some challenges for foreigners. However, buying property in Indonesia is attainable with specific resources and documents.
Recent regulatory changes have a knock-on effect on Indonesia's Merger & Acquisition landscape. Check on how we can navigate you through your M&A in Indonesia.
InCorp provides Virtual Office services Indonesia in various locations: Jakarta, Bali, Semarang, Surabaya, and Batam.
Business process outsourcing in Indonesia is a viable option to streamline bureaucratic complexities that hurdle your business expansion objectives.
InCorp offers a complete range of accounting service Indonesia, from tax reporting to auditing.
With professional financial audit services from InCorp, you can ensure all accounting activities are accurately recorded and compliant with Indonesian regulations.
Using an Employer of Record service to set your roots in Indonesia opens the doors to new opportunities in the country.
Financial and Operational Resilience services from InCorp are developed to support businesses and help them survive during this difficult time.
Payroll services in Indonesia are a practical solution to avoid unnecessary complexities while you focus on growing your business.
Using a recruitment agency in Indonesia will help you hire the best candidates for your company, saving you time and money.
Tax consulting in Indonesia are the shortcuts to fulfill the administrative obligations with high accuracy and in a timely manner.
The Indonesian government promotes tax holidays as one of the fiscal incentives to attract major foreign direct investment in Indonesia.
Operating businesses in Indonesia, entrepreneurs must comply with the regulations accordingly, especially concerning taxes.
Immigration in Indonesia is one of the strictest and most complex processes due to its ever-changing regulations. InCorp provides a seamless experience in obtaining your stay and work permits.
Avoid any hassles by engaging with an experienced visa agent in Indonesia.
A dependent visa Indonesia is a document that allows foreigners to bring their family while settling down in the country.
Investor KITAS Indonesia is a stay permit that offers many benefits to investors that invest in the country.
Overseas Visas are required for Indonesians who are planning to stay abroad for an extended period of time.
KITAP is a permanent stay visa for foreigners who have intentions to stay in Indonesia.
Foreign retirees often find their plans stuck due to the complex visa application process. InCorp helps expedite the process.
Obtaining a social visa is daunting if you are not familiar with the country’s complex bureaucratic processes. Consult with us for a seamless Indonesian visa application experience.
Foreigners married to an Indonesian citizen are eligible for a spouse-sponsored KITAS.
Learn how to obtain an Indonesian tourist visa seamlessly and securely, directly from a trusted visa and travel agent.
Get assistance from a trusted visa agent in Indonesia to make your traveling plan to Indonesia even more convenient.
Expedite your Indonesian work permit application process by engaging with a trusted visa agent.
All imported goods must obtain permission granted by specific governing bodies prior to entering the local market.
Learn more about the cosmetic product registration services in Indonesia.
Learn more about exporting goods to Indonesia.
Learn more about the food & beverage product registration services in Indonesia
Learn how to go through halal certification in Indonesia directly from experts successfully.
Learn more about the health supplement product registration services in Indonesia.
Learn more about the household product registration services in Indonesia.
Learn more about importing goods from Indonesia
An Importer of Record in Indonesia is a legal service that enables companies to import products into Indonesia, through an import partner.
Learn more about the medical device registration services in Indonesia.
Register a trademark is necessary to avoid legal issues in the future. InCorp can help you with Trademark Registration services in Indonesia.
Compliance is one of the most challenging parts of business overseas, especially in a country packed with complex bureaucratic processes such as Indonesia.
Updating business documents to align with your company’s growth can be a hassle.
Due Diligence services are needed to assess the credibility of the company or partner you wish to work with or acquire in Indonesia
From Company Regulations to Employment Agreement Drafting, Employment law services from InCorp will help you to compliance with employment policy in Indonesia.
InCorp’s legal consultation services in Indonesia are crafted to help your business settle and fully comply with the latest regulations.
Organizations must continuously evolve and transform to remain competitive and relevant in todays global environment ...
Companies face many opportunities and challenges as a result of a changing market and regulatory landscape ...
Adopting Environmental, Social, and Corporate Governance (ESG) practices can improve your company’s value ...
Risk Management services from InCorp Indonesia can assist companies in building confidence when making future business decisions ...
Transfer Pricing in Indonesia occurs when a company performs an internal transaction within the same business group or its subsidiaries
InCorp's transfer pricing advisory services in Indonesia are marked by the objective to support our clients' business needs.
Our transfer pricing services provide you with a hassle-free experience while still complying with the legal aspects of transfer pricing in Indonesia.
As the market-entry consulting firm in Indonesia, InCorp provides a wide range of customized solutions to ease the business incorporation process.
Both natural and legal persons are entitled to open a bank account in Indonesia. Find out how to open a bank account in Indonesia, here.
InCorp can help you find a trusted Buying Agent Indonesia for product sourcing in Indonesia. Contact us now for a free consultation.
InCorp can help foreigners to get the driving license in Indonesia, whether SIM A or SIM C. Check out the requirements and the procedure, here.
IMEI Registration in Indonesia is necessary to ensure telecommunication devices from abroad can function properly in Indonesia.
With offices in Jakarta, Bali, Semarang, SUrabaya, and Batam, InCorp is ready to assist you as a local partner and distributor in Indonesia.
InCorp can help you to select the trusted local partners to import and distribute your products in Indonesia.
Improve your business by knowing the market conditions in Indonesia through market research services in Indonesia.
InCorp can help you gain information about your competitor's product through mystery shopping.
According to the Law Number 28 the Year 2004 and amendment of Law Number 16 the Year 2001, Foundation in Indonesia (Yayasan), one of the types of Non-Profit Organization, as a non-membership legal entity, was established based on the separation of assets and intended as a vehicle for attaining certain purposes in the social, religious, or humanitarian fields.
One or more persons may establish a foundation in Indonesia, being an individual or legal entity. Law 16/2001 acknowledges the right of foreigners to establish yayasan.
Foreign Party(ies), or Foreign Party and Indonesian Party may establish Foundation (Yayasan) in Indonesia. ‘Foreign Party’ shall mean foreign individual person or foreign legal entity, while ‘Indonesian Party’ shall mean Indonesian individual person or Indonesian legal entity.
The amount of initial asset of a Foundation/Yayasan established by Foreign Parties, or Foreign Party and Indonesian Party, which originated from the separation of the personal assets of the founder, shall be at least in the amount of IDR 100 Million. The separation of assets shall be accompanied with a statement letter from the founder regarding such separated assets and shall be a part of the financial documents of the Foundation/Yayasan.
However, there is another regulation, Law No. 17 of 2013 re Societal Organization which states that a Foundation in Indonesia established by foreign individuals, or foreign individuals and Indonesian party, must have initial assets of IDR 1 Billion, while a Foundation established by foreign entity must have initial assets of IDR 100 Billion. These inconsistencies are not yet cleared up and require further clarification with notaries and ministry of law.
New Procedures for Establishing Foundations On 26 March 2014, the Minister of Law and Human Rights issued Regulation No. 5 of 2014 on Validation of Foundations. All applications for the establishment of foundations processed electronically through the Legal Entities Administration System (Sistem Administrasi Badan Hukum/SABH) under the Directorate General of Law Administration.
Based on the Government Regulation No. 63 of 2008 on the Implementation of the Law on Foundations. The Minister will issue an approval letter with the following information:
Once the name has been approved, the applicant submits an application for validation of the foundation as a legal entity to the Minister using the electronic form provided; in the SABH. This application must be submitted within 10 days of the signing of the deed of establishment and must be accompanied by the following documents:
Upon receiving the application, the Minister will verify whether it complies with applicable laws and regulations. If all the requirements are satisfied, the Minister will notify the applicant of his/her approval for the establishment of the foundation as a legal entity. Afterward, the Minister has 14 days to issue an official decree confirming his/her approval.
The governing bodies of a Yayasan are:
a. Patrons (Pembina)
b. Executives (Pengurus)
c. Supervisors (Pengawas)
The powers of Patron are not able to delegate to the executives and supervisors by the prevailing laws or the articles of association of the Yayasan and include the right to :
Patrons or Pembina in Bahasa must have a minimum 1 (one) member. The maximum number is not specified. If all patrons/founders are all Indonesians, then the requirement for initial asset will be at least IDR 100 Million. However, this kind of Foundation/Yayasan is not allowed to have foreigners as supervisors or executives.
But if 1 Indonesian patron/founder is Indonesian and the other patron(s)/founder(s) is individual foreigner, then the requirement for initial asset will be at least IDR 1 Billion. This is based on Law No. 17 of 2013 re Societal Organization which, under legal theory, trumps Government Regulation 63/2008 re Implementation of Foundation Law, which only requires at least IDR 100 Million.
Further complications for that case are as follows: (i) the individual foreigner(s) who act as the founding patron must have been living in Indonesia for 5 years consecutively, (ii) such individual foreigner(s) as founding patron must also the holder of KITAP (Permanent Stay Visa) and (iii) at least one of the following positions, Chairman, Secretary, or Treasurer within the Board of Executives, must be held by an Indonesian citizen.
The executives of a yayasan include a (i) chairman; (ii) secretary; and (iii) treasurer, but it can have more functions as per the Articles of Associations. The executives are responsible for the day-to-day operation of the yayasan. Further, the executives may represent the yayasan in and outside of court, which means an executive may legally bind the yayasan. The executives may not however:
The authority of the executives may be further restricted under the articles of association of the yayasan. Executives are not able from making an agreement with any organization affiliated with yayasan, patrons, executives, and/or supervisors of the yayasan or someone who works for the yayasan (an exception to the prohibition being an agreement which benefits the purposes and objectives of the yayasan).
A Yayasan established by Foreign Party, or Foreign Party and Indonesian Party, one of its executives who holds the positions of Chairman, or Secretary, or Treasurer, must be held by an Indonesian Citizen. All executives of a Yayasan established by the Foreign Party, or Foreign Party and Indonesian Party must also reside in Indonesia (including having a KITAS).
A yayasan must have at least one supervisor. The supervisor is responsible for supervising and advising the executives.
An individual may hold only one governing body position in a yayasan. (For example a patron cannot also be an executive, a supervisor cannot be a patron ect…). A patron, executive, and supervisor of a yayasan are not able from holding the position. The position consist of a member of board of directors, management, board of commissioners or supervisor of a business entity established by the yayasan or in which the yayasan has an investment. Each member of Executives and supervisors may be held jointly and severally liable for losses that result from the bankruptcy of the yayasan caused by the fault or negligence in performing his/her duties.
Restrictions upon the use and disposal of the assets of a yayasan are:
A Yayasan is able to be established with assets wholly contributed by a foreign person and/or foreign legal entity.
The patron is not responsible for the day-to-day operation of the yayasan which left to the executives and supervise by the supervisor; the patron may exercise control through its right to appoint and dismiss executives and supervisors, ratification authority and such other controls placed on the actions of the executives in the articles of association of the yayasan. For example, the approval of a patron might be needed for transactions above a specified monetary amount.
An expert for more than 10 years, Pandu Biasramadhan, has an extensive background in providing top-quality and comprehensive business solutions for enterprises in Indonesia and managing regional partnership channels across Southeast Asia.