NEW REGULATIONS FROM MINISTRY OF TRADE REGARDING SIUP AND TDP (MARCH 2017)

 

On 17 February 2017 Ministry of Trade (MOT) issued 2 (two) regulations to amend the existing regulations related to the business license and company registration as follows:

A.   SIUP (Surat Izin Usaha Perdagangan/”SIUP”/Trading Business License)

Under the Ministry of Trade Regulation No.07/M-DAG/PER/2/2017 which is the third amendment to  the Ministry of Trade Regulation No. 36/M-DAG/PER/9/2007 regarding Trading Business License (Surat Izin Usaha Perdagangan/”SIUP, holder of SIUP, usually is a non foreign investment company is no longer required to re-register SIUP which previously was required to do so in every 5 year.

B.TDP (Tanda Daftar Perusahaan/Company Registry Certificate)

Law No. 2/1982 requires every companies operated and run their business in Indonesia in the form of legal entity, cooperative entity (koperasi), partnership (persekutuan),  including branch office, representative office, subsidiary to  submit application to  the Ministry of Trade  in order to obtain Company Registry Certificate/TDP (Tanda Daftar Perusahaan) within 3 months after the company starting its commercial activity. The registration under TDP is valid for 5 years as of the date of issuance and subject to renewal.

The implementing regulations of Law No.2/1982 is  currently governed under  Ministry of Trade Regulation No. 37/M-DAG/PER/9/2007 as amended under Ministry of Trade Regulation No. 116/M-DAG/PER/12/2015 (the first amendment); and this second amendment - Ministry of Trade Regulation No.08/M-DAG/PER/2/2017.

Under Ministry of Trade Regulation No.08/M-DAG/PER/2/2017 which is the second amendment to Ministry of Trade Regulation No. 37/M-DAG/PER/9/2007 the renewal is simplified by only submitting a notification form of notification letter attaching the copy of the existing TDP to regional office of ministry of trade within the domicile of the company. The form needs to be filled with only short information about the company’s data (name of the company, address, TDP number and name of the person in charge of the company). Previously the renewal was made by submitting the form which is the same as the form for the new application and required quite details information.

 

Disclaimer: This article is intended as general information only and it does not constitute a legal advice. We accept no responsibility for any loss that may arise from reliance on this information. Please contact us if you need full legal advice.