Having a company in Indonesia is required to have a legal entity to protect all activities carried out in the company. A legal entity that protects the company from carrying out all forms of business activities is called a limited liability company or commonly abbreviated as PT.
Limited liability companies or PT protect all forms of company activities including protection in the case of capital consisting of several shares owned by the owner of the company.
Who owns the largest share in the company, it is he who takes over the ownership of the company. The stock system that applies in a limited liability company is a stock trading system.
So company ownership can change without having to dissolve the company. In establishing a Limited Liability Company, it is necessary to complete several conditions for the establishment of a PT that have been regulated by the Law in Indonesia.
Legal basis
Established a Limited Liability Company based on government regulations written in law number 40 of 2007. In the law there are several formal requirements for establishing PT. Some of these conditions include:
- Founded by two or more people.
- Have an Indonesian notary deed.
- Each founder is required to take part of the shares, unless there is a stock smelter.
- The deed of establishment must have been approved by the ministry of justice.
Establishment terms
In addition to the formal requirements described in the previous point, there are several general requirements that must be completed in making PT, including:
- Photocopy of identity card for the person holding the shares and the management (At least 2 people).
- Photocopy of Family Card director of PT.
- Tax (NPWP) number of director or person in charge.
- The 3 x 4 photo size is responsible (give 2 color photos).
- Photocopy of Land Building Tax (PBB), and Proof of ownership of a place of business or office rental letter.
- If it is housed in an office building so that it is equipped with a residence certificate issued by the building manager.
- The office is not located in a residential area.
- Certificate from the local RT / RW if needed.
Establishment Mechanism
In the process of establishing a limited liability company there are several mechanisms that must be implemented. The first mechanism is to complete all the requirements described in the previous point. After that, follow the procedure for making a PT that must meet the requirements below:
- Limited Liability Companies to be established following public order and moral norms.
- Deed of establishment in accordance with the law.
- The minimum amount of capital paid and placed is 25 percent of the authorized capital.
Then registration is carried out in the nearest district court and announced by the BNRI (Official Gazette of the Republic of Indonesia). If the aforementioned stages have been passed, thus a limited and legal limited liability company is established.
Capital Structure
As with companies in general, limited liability companies also have a capital structure. In a limited liability company the assets are separate from the assets of the company’s shareholders. The capital in a Limited Liability Company consists of 3 parts of capital, namely:
- The authorized capital of the company is stated in the deed of establishment. At least 50 million Rupiah.
- The capital placed is at least 25 percent of authorized capital.
- Deposit capital deposited by shareholders to the company’s cash.
If there is a change in the amount of capital, it must first be ratified by the minister of justice. Thus some of the terms of the establishment of a PT that you can make as a reference for establishing a company with a limited liability company.