Frequently Asked Questions: #corporatesecretarialservices

The key responsibilities of a Company Secretary in Indonesia include:

• Serving as the primary point of contact for company shareholders and officeholders
• Organizing and convening meetings of shareholders, directors, and commissioners as required
• Liaising with notaries public, lawyers, and accountants as needed
• Overseeing the acquisition and renewal of required company licenses and permits
• Providing guidance on work permits and visas
• Communicating with government agencies on behalf of the company
• Maintaining custody of original company documents
• Ensuring overall compliance with Indonesian legal requirements and regulations

Some key differences compared to other countries:

• In Indonesia, the Company Secretary often takes on a more active role in liaising with government agencies and handling regulatory compliance matters. This is due to the complex and frequently changing regulatory environment.

• The Company Secretary in Indonesia may be authorized to serve as President Chairman (komisaris) or President Director, which is less common in other jurisdictions.

• There is a strong emphasis on maintaining proper documentation and records, including custody of original company documents, due to Indonesia’s bureaucratic requirements.

• The role involves more hands-on assistance with immigration matters like work permits and visas, which may be handled separately in other countries.

• The Company Secretary plays an important part in ensuring compliance with Indonesia’s specific corporate governance requirements and reporting obligations.

Overall, the Company Secretary role in Indonesia tends to be broader and more involved in day-to-day regulatory and compliance matters compared to some other countries, reflecting the unique business environment and regulatory landscape in Indonesia.

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Okusi Associates’ Company Secretarial service ensures ongoing compliance with Indonesian corporate laws and regulations through several key activities:

1. Serving as the primary point of contact for company shareholders and officeholders, keeping them informed of regulatory changes and compliance requirements.

2. Convening and documenting meetings of shareholders, directors, and commissioners as required by Indonesian corporate law.

3. Liaising with notaries public, lawyers, and accountants to ensure all legal and financial documentation is properly prepared and filed.

4. Overseeing the acquisition and renewal of required company licenses and permits to maintain good standing.

5. Communicating and liaising with government agencies on behalf of the company to address any compliance issues or inquiries.

6. Maintaining statutory company records and registers as required by law.

7. Assisting with organizing and documenting annual general meetings (AGM) and other corporate meetings to meet legal requirements.

8. Providing guidance on corporate governance best practices and ensuring the company adheres to Indonesian corporate laws and standards.

9. Monitoring changes in regulations and advising the company on necessary adjustments to maintain compliance.

10. Assisting with crisis management and problem-solving related to regulatory issues or unexpected business disruptions.

By handling these critical administrative and compliance tasks, Okusi Associates allows company leadership to focus on growing the business while ensuring the company remains in good standing and complies with all relevant Indonesian regulations.

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The key responsibilities of a Company Secretary in Indonesia include:

• Ensuring compliance with statutory and regulatory requirements
• Maintaining company records and statutory registers
• Organizing and attending board meetings and shareholder meetings
• Preparing meeting minutes and resolutions
• Liaising with government authorities and regulatory bodies
• Assisting with corporate governance matters
• Managing corporate communications
• Coordinating the preparation and filing of annual reports

Key differences from other countries:

• Indonesian language requirement: Most official documents and communications must be in Bahasa Indonesia
• Specific local regulations: Familiarity with Indonesian corporate law and regulations is crucial
• Dual language proficiency: Often need to work in both Indonesian and English
• Cultural understanding: Important to navigate Indonesian business culture and etiquette
• Government liaison: More frequent interaction with various government agencies
• Shareholder structure considerations: May need to manage complexities related to foreign ownership restrictions
• Regulatory updates: Must stay current with rapidly evolving Indonesian business regulations
• Corporate domicile services: May be involved in maintaining the company’s registered address
• Notary involvement: Coordinating with notaries for various corporate actions is more common

It’s important to note that while the core duties are similar, the specific legal and regulatory environment in Indonesia requires specialized knowledge and skills from a Company Secretary.

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Yes, our Company Secretary can act as a liaison with various government agencies in Indonesia. This service is an essential part of our corporate secretarial support. The agencies we typically interact with include:

• Ministry of Law and Human Rights (Kemenkumham)
• Investment Coordinating Board (BKPM)
• Tax Office (Kantor Pajak)
• Manpower Office (Disnaker)
• Immigration Office
• Ministry of Trade
• Local government offices for specific permits and licenses

Our Company Secretary can assist with:

• Filing annual reports and other mandatory disclosures
• Updating company information and changes in shareholding structure
• Obtaining and renewing business licenses
• Handling tax-related matters and submissions
• Coordinating work permit and visa applications
• Addressing regulatory inquiries and compliance issues

This liaison service helps ensure your company maintains good standing with relevant authorities and stays compliant with Indonesian regulations. It’s particularly valuable for foreign-owned companies that may not be familiar with local bureaucratic processes.

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Okusi Associates’ Company Secretarial service ensures ongoing compliance with Indonesian corporate laws and regulations through several key measures:

• Regular Compliance Checks: Conducting periodic reviews of the company’s legal and regulatory obligations to ensure all requirements are met.

• Regulatory Updates: Continuously monitoring changes in Indonesian corporate laws and regulations, and promptly informing clients of any updates that may affect their business.

• Document Management: Maintaining and updating all necessary corporate documents, including:

  • Articles of Association
  • Shareholder registers
  • Board meeting minutes
  • Annual reports

• Timely Filings: Ensuring all required reports and documents are filed with the relevant authorities within the stipulated deadlines, such as:

  • Annual tax returns
  • Financial statements
  • Investment activity reports to BKPM

• Corporate Governance Support: Assisting with organizing and documenting board meetings, shareholder meetings, and other corporate events in compliance with Indonesian regulations.

• Liaison with Government Agencies: Acting as a point of contact between the company and various government bodies, including:

  • Ministry of Law and Human Rights
  • Tax Office
  • Investment Coordinating Board (BKPM)

• License and Permit Renewals: Tracking expiration dates and managing the renewal process for various business licenses and permits.

• Compliance Training: Providing guidance and training to company directors and key personnel on their legal responsibilities and best practices for corporate governance.

• Risk Assessment: Identifying potential compliance risks and recommending mitigation strategies.

• Corporate Structure Maintenance: Ensuring the company’s ownership structure and capital status remain compliant with Indonesian FDI regulations.

By offering these comprehensive services, Okusi Associates helps PMA companies maintain good standing with Indonesian authorities and avoid potential legal issues or penalties related to non-compliance.

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Okusi Associates provides comprehensive support for ongoing regulatory compliance for PMA companies in Indonesia. Here’s how they can assist:

Regulatory Updates * Keeping clients informed about changes in laws and regulations affecting PMA companies * Providing timely notifications on new compliance requirements

License and Permit Renewals * Assisting with the renewal of business licenses and permits * Ensuring all necessary documentation is prepared and submitted on time

Corporate Secretarial Services * Organizing and documenting annual general meetings as required by law * Maintaining statutory company records and ensuring they are up-to-date

Tax Compliance * Preparing and submitting regular tax returns * Advising on tax obligations and potential changes in tax regulations

Financial Reporting * Assisting with the preparation of financial statements in accordance with Indonesian accounting standards * Ensuring compliance with financial reporting requirements for PMA companies

Employment and Immigration Compliance * Advising on labor laws and employment contracts * Assisting with work permit (KITAS) renewals and visa-related matters for foreign employees

Ongoing Legal Support * Providing guidance on legal matters affecting the company’s operations * Assisting with any necessary amendments to company documents or structures

Liaison with Government Authorities * Acting as a liaison between the company and relevant government agencies * Facilitating communication and compliance with regulatory bodies

By engaging Okusi Associates for ongoing compliance support, PMA companies can focus on their core business activities while ensuring they remain compliant with Indonesian laws and regulations.

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Okusi Associates provides comprehensive support for ongoing regulatory compliance of PMA companies in Indonesia, including:

• Regulatory Updates: Keeping clients informed about relevant changes in Indonesian laws and regulations that could affect their business operations.

• License Renewals: Assisting with renewing business licenses, permits, and other official documents to ensure continuous legal operation.

• Accounting and Tax Compliance: Providing accounting, bookkeeping, and tax services including general ledger maintenance, financial reporting, tax return preparation and filing, and tax planning advice.

• Corporate Secretarial Services: Helping organize and document annual general meetings and other required corporate meetings, as well as maintaining statutory company records and registers.

• HR and Payroll Compliance: Advising on Indonesian labor laws, employment contracts, and HR policies. Managing payroll calculations, tax deductions, and social security contributions.

• Immigration Compliance: Assisting with obtaining and renewing work permits, business visas, and other immigration documents for foreign staff.

• Product Registration: Supporting registration of products with Indonesian authorities for regulated sectors like healthcare, food and beverages, cosmetics, etc.

• Intellectual Property Protection: Helping register and protect trademarks, patents and copyrights.

By providing these ongoing compliance services, Okusi Associates aims to ensure PMA companies remain fully compliant with Indonesian regulations while allowing them to focus on their core business operations. The firm’s expertise helps companies navigate the complex and changing regulatory landscape in Indonesia.

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