In terms of ease of doing business, Indonesia still has much room to grow and improve due to lengthy setup procedures, uncertainty, and complications of regulations. Although the current Government has taken steps to reform the regulations to attract more foreign investors into the country, local bureaucracy still makes its implementation challenging at times.
There are also many types and forms of business and organization that a client can choose to suit their needs such as limited liability companies, associations, foundations, partnerships, firms, co-operative, and many others.
Putranto Alliance has decades of experience in the business establishment process. The firm established its early presence as a notary firm in the 1980s and has helped with thousands of business establishments. We can help in establishing various forms of business type, from limited liability companies, foundations, partnerships, and many others. And we can also advise you in choosing the type of business or organization that more suitable to your present and future needs.
We strive to provide our clients with services that will facilitate their investment plans in Indonesia.
On top of business establishment, our firm also provides business and legal advisory, tax and accounting, human resource, and compliance services to guide you while you establish your presence here. We also provide the registered address required when you first set up the company.
As the company grows, shareholders may decide on corporate restructuring to adjust to the business requirement. A shareholders’ meeting decides on the type of changes and adjustment in the company structure. For such changes to be effective, the notary will administer the changes and obtain the relevant ministrial approvals.
Having established its early presence as a notary firm, Putranto Alliance has extensive experience with the corporate restructuring notarial processes. We provide assistance to prepare shareholders’ resolutions or minutes of meeting. In addition, we can also draft transactional agreements such as sale and purchase agreements, lease agreements or transfer of shares agreements.
Indonesia has three inheritance legal system: Western Law, Islamic Law and Custom Law (Hukum Adat). Each system has its own complexities. Legitieme portie in the western inheritance law enforces the minimum amount of inheritance that an heir receives (force heirship rule). Furthermore, the clawback rule may force gifts to be revoked, recalculated, and reclassified as inheritance assets. Things get very complicated if the Testator had multiple marriages (and children) with different religions, ethnicity, or nationality. These situations must be taken into account when drafting a will.
Drawn up wills and further amendments should also be registered at the Balai Peninggalan Harta (BPH) to ensure that they are executable in the future according to the Testator’s wishes. We provide advice and guidance on legitieme portie and will drafting and assist with the administrative proceess. Our team of associates can also help with estate planning so that you can preserve the legacy you envision for your heirs.
Agreements and Deeds in Banking and Other Financial Industry
When we need additional capital for our businesses and seek funding from banks or other financial institutions, we will have to deal with many different types of agreements such as credit agreements, debt acknowledgment, or debt securities. Drafting and understanding such legal documents might be a daunting task for those without legal background.
Our professionals can help prepare and review all agreements and provide explanations to you so that you can measure the risk and understand all legal consequences of the agreements. Together with our team from the tax and finance department, we can also advise on the tax consequences that may arise from those agreements.
Deeds and Agreements in Islamic Banking Industry and other Sharia Financial Institution
As the biggest Moslem population in the world, the Islamic/Sharia financial industry in Indonesia is growing rapidly. There are various types of Sharia financial products offered by both banking and non-banking Islamic financial institutions. Sharia financing applies Sharia principles to the financing scheme and agreement between the lender and the borrower.
Sharia financing agreements have their respective characteristics with terms that many people may not be familiar with. Hence, these agreements look similar at first glance even though there are significant differences. Our advisors can guide you on the type of products that best suits your needs. In addition, we advise you on the appropriate financing scheme and help to prepare the agreement in accordance with Sharia principles.
Indonesian law recognizes that upon the union of a man and woman, they become an entity. All assets and liabilities obtained during the course of the marriage belong equally to both parties. In a mixed marriage between an Indonesian and a foreigner, this can cause a problem when acquiring Indonesian properties. The union will deem the Indonesian to be of foreign status and foreign restrictions on property ownership will apply.
Marriage agreements are prepared so that a couple can determine the division of property and assets gained throughout the course of the marriage. These agreements determine who gets what in the event of a divorce, or the terms for alimony rights. At Putranto Alliance, we assist you in drafting these agreements, make changes to previous agreements, and register them at the relevant authorities. We ensure proper administrative processes so that these agreements are enforcable in the future.