- November 30, 2018
- Posted by: Fasya Frinanda
- Category: Articles
In the business world, the businessmen can choose what kind of business they will run, the form of business entity that can be chosen includes CV, Firm, and Professional Partnership (“Business Entity“). Before the Minister of Law and Human Rights Regulation number 17 of 2018, these business entities were not required to be registered. However, since July 12, 2018, all business entities in the form of CV, Firm, and Professional Partnership must be registered with the Ministry of Law and Human Rights (“KEMENKUMHAM“) so that a Certificate of Registered (“SKT”) is issued.
This Business Entity Registration includes 3 types of registration, including:
- registration of the deed of the establishment;
- registration of amendments to the articles of association; and
- registration of dissolution.
Registration of The Deed of Establishment
Every application for Business Entity registration is made to KEMENKUMHAM through the Business Entity Administration System. The first step in registering the deed of the establishment is by submitting the name of the Business Entity, taking into account the following provisions:
- Business Entity name is written in Latin letters;
- The name of the Business Entity has not been used legally by other Business Entities in the Business Administration System;
- The name of the Business Entity doesn’t conflict with public order and/or decency;
- The name of the Business Entity is not the same or not similar to the name of the state institution, government institution, or international institution unless obtaining permission from the relevant institution; and
- The name of the Business Entity doesn’t consist of numbers or series of numbers, letters, or series of letters that don’t form words.
After submitting a name for the Business Entity to be registered, if approved or rejected by KEMENKUMHAM, an approval or rejection of the use of the name will be issued electronically. If you have obtained the name approval from KEMENKUMHAM, then the application for the establishment of the Business Entity is done by filling in the registration format along with supporting documents within 60 (sixty) days, if it passes from the time specified, the application for registration can’t be submitted to KEMENKUMHAM.
Supporting documents attached to the registration format include:
- electronic statement from the Applicant stating that the document for registration of the Business Entity is complete; and
- statement from the Corporation regarding the correctness of information about the owner of the Business Entity.
Registration of Amendments to the Articles of Association
Registration of changes in the Articles of Association includes:
- the identity of the founder consisting of the name of the founder, domicile, and occupation;
- business activities;
- rights and obligations of the founders; and/or
- Business Entity term.
The registration is carried out within 30 (thirty) days from the date the latest articles of association are signed by a Notary. If the person experiencing changes in the articles of association is about the name of the Business Entity, then the Business Entity must do the procedure for submitting an application for the name of the Business Entity again. The procedure for registering articles of association is also through the Business Entity Administration System by filling out the registration format and attaching complete supporting documents.
Registration of Dissolution
The dissolution of the Business Entity can be done in the following cases:
- expiration of the agreement period;
- disappear of goods used for the purpose of the Business Entity or the purpose of the Business Entity has been achieved;
- because of the will of the allies; or
- other reasons in accordance with the provisions of the legislation.
The registration must be completed with a dissolution deed, a court decision stating the dissolution, or other documents stating the dissolution
For all types of registration after the application is approved by KEMNKUMHAM, an SKT will be issued electronically, which will then be printed, signed and stamped by a Notary and completed with the phrase “This Registered Certificate is printed from the Business Administration System”
Under certain conditions, registration can be done non-electronically by attaching supporting documents and information that is proof that the Notary’s position is not yet reached by internet facilities.