30 May 2016
Nominee Shareholders Status by Indonesia Laws
Article 33 (1) of law No. 25 Year 2007 regarding the Capital Investment does not allow the real owners of a PT company (local & foreign company) using the other person to own their shares.
Automatically, nominee agreements will be revoked by law if any dispute. To avoid nominee situation, there are at least two alternative of conditions that should be arranged / restructured in order to be in line with the laws and regulations.
The first one, the owner give loan first to a person and the person use that fund of the loan to buy the shares. Then the shares should be treated as collateral of loan.
The other one, the foreigner or foreign company buys the shares from a local person after this person buy the shares of a company simultaneously. Local owner give the power of attorney to sell the shares.
In addition, to support all the above schemes, each party need to support by completed legal agreements not only covering the share transaction but also dividend, right to vote, etc.
Please bear in mind that legally the owner of the shares is the person that mentioned as shareholders at the article of Association, whatever the form of transactions.
Agung Tjahjady SH, CPA, MM, BKP
Registered Tax Consultant, Advocate
Read Other Updates
Tax Amnesty Presentation
18 Jul 2016
Don’t Read This Article If You Have Reported Your Bank Account In The Tax Return !!
15 Jul 2016
Poin-poin Penting UU Pengampunan Pajak (Tax Amnesty / TA)
05 Jul 2016
Apa yang Harus Disiapkan Pasca Tax Amnesty?
24 Jun 2016
The Potential Loss of VAT on E-Commerce Transactions
23 Jun 2016
How to Solve the Tax Problems for People in the List of Panama Papers 1 & 2
13 Jun 2016
Pertanyaan Seputar RUU Tax Amnesti dan Perkembangannya
08 Jun 2016
Kaitan Panama Papers (PP) dengan RUU Tax Amnesty (TA)
06 Jun 2016