BKPM

Establish a Foreign Company (PT PMA) in Indonesia, Part 3: Business Permit

In the previous post of our PT PMA series,  we have explained step by step to issue a principal permit and how the establishment of a limited liability company. Today, we will finish off the series with how to apply and how we do our best service in applying a business permit.

BUSINESS PERMIT

The condition which Business Permit is obliged has been stipulated in Article 31 BKPM Rule, the conditions are when the investor ready to conduct the production/operation, either severally or fully.

To obtain Business Permit, investor shall submit certain documents, as follow:

a. The application for Business Permit shall use registration form as referred to in attachment III-A in BKPM Rule in the form of hardcopy or softcopy based on the BKPM investor module, accompanied by the personal identity of the applicants:

  • Copies of Registration/Principal Permit/Approval Letter of Capital Investment/Business Permit/Ministry Permit/Institution/Department relevant which has been owned;
  • Copies of AoA and its ammendment along with the MOHLHR, if any, Taxpayer Card;
  • Copies of project location legalization and or company domicile;
  • Copies of completeness of project location area valid licenses comply with the project location or the company new domicile;
  • Copies of documents and approval/endorsement of AMDAL or UPL and LTPL or SPPL;
  • Copies of Environmental Permit;
  • The result of field review;
  • Receipt of conveying the LKPM from Official BKPM and last period of LKPM;
  • Recommendation from the Ministry/Policymaking if required comply with the law;

b. Power of attorney (“PoA”) as referred to in attachment XVI-D in BKPM Rule and valid passport of the director who signed the PoA.

According to Article 32 (2) & (3) BKPM Rule, in order the Business Permit application as referred to in attachment III-A in BKPM Rule been has approved, BKPM will issue the Business Permit at the latest 7 (seven) working days since the application has been received in a complete and correct manner.

However, based on our best practice, the process between the receiptivity of the Business Permit application upto the approval from the BKPM will take weeks depend on the documents completeness and the appraisal from BKPM due to appraise the documents completeness.

Based on our best practice also, after BKPM appraise all requirement has been fulfilled then BKPM will inform the applicant on BKPM schedule to issue the Business Permit, which usually scheduled to be issued 10 (ten) upto 14 (fourteen) working days after the date of such information.

After the applicant obtain the Business Permit, pursuant to Article 11 Point (2) of Regulation of Chairman of Indonesia Investment Coordinating Board No. 3 Year 2012 concerning Guidelines and Procedures of Capital Investment Implementation (“Perka BKPM No. 3/2012”), the applicant is oblige to convey its Capital Investment Activity Report/Laporan Kegiatan Penanaman Modal (“LKPM”).

BKPM

On our last post of this establishing PT PMA series, if you have any questions about this article or facing a problem in establishing a limited liability company, FMB Consultant offers you multidimensional services in management as to company legal establishment for cross-industries.

With a team of professionals and experienced, allow us to support your business in accelerating legal requirement fulfillment, get you more time to focus on growing your business.

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