Frequently Asked Questions

Regulations for Making PT & CV Names

Are there any regulations for Limited Company Name Creation?

The name of the limited liability company must consist of at least 3 words. Those 3 words have at least 3 letters each. PT name must use Indonesian, no foreign language may be used.

Are there any rules for Commanditaire Vennootschap Name Creation??

The name of the CV may consist of only 1 word and it is also allowed to use English

Can the name of a limited liability company use 2 words?

If the name of the Limited Liability Company only has 2 words, there is a possibility that the Limited Liability Company was established before the enactment of Government Regulation no. 43/2011 concerning Procedures for submitting and using the Name of a Limited Liability Company

How is the name of a Limited Liability Company set in PP 43/2011?

  1. Written in Latin letters;
  2. Has not been used legally by another company or is not essentially the same as the name of another company;
  3. Not against public order and/or morality;
  4. Not the same or not the same as the name of a state institution, government agency, or international institution, unless permission is obtained from the institution concerned;
  5. Does not consist of numbers or series of numbers, letters or series of letters that do not form words;
  6. Has no meaning as a company, legal entity, or civil partnership;
  7. Not only using the purposes and objectives as well as business activities as the Company's Name; and
  8. In accordance with the aims and objectives as well as the Company's business activities, in the event that the aims and objectives and business activities will be used as part of the Company's Name.
Pendaftaran Merek

Is a list of company logos mandatory?

It is recommended to be registered to avoid problems such as the company logo being taken by someone else.

What is the difference between a brand, patent and copyright?

Brand rights are intellectual property rights for unique identities (branding) owned by themselves or owned by business entities. For example: food brands, clothing brands, service logos and taglines, etc Patents are intellectual property rights for inventions or inventions that are closely related to technology. For example: invention of light, touch screen technology patent, etc Copyright is an intellectual property right related to the work of art created. For example: songs, paintings, books, etc.

Business Establishment

Can my child become a shareholder?

Depending, in the establishment of a legal entity, the party who wants to take legal action (become a shareholder of the company) must have 2 conditions: a. Adequate age and legally capable b. have a personal ID card and NPWP If the child fulfills both conditions, then the child can become a shareholder.

The establishment of my CV was legalized by the court, should I re-register with the Ministry of Law and Human Rights?

Must, according to Permenkumham no 17 of 2018, CVs are required to re-register their business entity at Kemenkumham within a period of 1 year at the notary who made the Deed of Establishment.

I am a BUMN employee, can I have my own company?

Yes, but there needs to be a letter of approval from superiors to set up a business. In addition, the business sector the company cannot be the same as the line of business in the BUMN where you work.

If the Founder of the PT is a foreigner, can the Notary Deed be made in a foreign language?

1. The deed must be made in Indonesian.
2. In the event that the appearer does not understand the language used in the Deed, the Notary is obliged to translate or explain the contents of the Deed in a language understood by the appearer.
3. If the parties wish, the Deed can be made in a foreign language.
4. In the event that the Deed is made as referred to in paragraph 3, the Notary is obliged to translate it into Indonesian.
5. If the Notary is unable to translate or explain it, the Deed is translated or explained by an official translator.
6. In the event that there are differences in interpretation of the contents of the Deed as referred to in paragraph 2, the Deed made in the Indonesian language shall be used.

(Legal basis: Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Article 43)

Do I need to print a soft copy of my company's NIB and Business License myself?

By law, digital documents (soft copies) are legal because they are issued by authorized government agencies. So the document is valid without the need to print. In addition, the document is also equipped with a barcode to verify the authenticity of the document.

My line of business in the Deed is not in accordance with the KBLI, how do I adjust it?

You just need to make changes to the Deed at the Notary by matching the line of business you run with the 2017 KBLI

Is it permissible to establish a company (PT/CV) by a notary outside the domicile of the company?

The Deed of Establishment can be made by a Notary outside the domicile of the Company established if the Appellant fulfills the elements of the following article:

UU no. 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Article 39

1. The appearer must meet the following requirements:
-At least 18 (eighteen) years old or married.
-Able to carry out legal actions.
2. The appearer must be known by a notary or introduced to him by 2 (two) identifying witnesses who are at least 18 (eighteen) years old or have married and are capable of carrying out legal actions or introduced by 2 (two) other appearers.
3. The introduction as referred to in paragraph (2) is expressly stated in the Deed.

The appearer must appear before the Notary directly and put his signature on the Deed of Establishment.

Another option, the appearer can provide a power of attorney if unable to attend the process

Special PERMISSION

Do all business fields have SIUP (Business Permit)?

No, because the SIUP document is only issued for the trading business sector. So the non-trading business sector does not get a business license, but obtains a business license according to its field. For example, the construction business sector will receive a SIUJK, or the tourism business sector will receive a TDUP.

What documents can be processed in OSS?

Currently, you can access OSS to manage your NIB (Business Registration Number), Business License, API (Import Identification Number), and Advanced Permit/Commercial Permit (Example: BPOM, Marketing Permit,)

Taxation

Can I register for PKP using a Virtual Office Address?

Yes, according to PMK No. 147/PMK.03/2017, you can use the virtual office address to register for PKP, However, the Virtual Office Provider that you occupy must have been confirmed for PKP.

Are companies required to register for PKP (Taxable Entrepreneurs)?

PKP is only required for businesses that have a turnover of more than 4.8m per year and for businesses who wish to participate in the auction project.