2008-07-01
The Head of the Commodity Futures Trading Regulatory Agency (Bappebti) issued Regulation No. 09/BAPPEBTI/PER-SRG/7/2008 to establish standardized procedures and technical guidelines for pledging warehouse receipts in Indonesia. The regulation mandates the use of the SRG-Online system for verifying receipt validity, recording pledge encumbrances, and managing changes or releases of security interests. It further details the legal process for selling pledged warehouse receipt objects in cases of default by the pledgor, including specific notification requirements and transfer mechanisms without court intervention.
APPENDIX TO THE REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY NUMBER: 09/BAPPEBTI/PER-SRG/7/2008 DATE: JULY 24, 2008
A. FLOWCHART OF WAREHOUSE RECEIPT PLEDGE PROCEDURES B. TECHNICAL GUIDELINES FOR WAREHOUSE RECEIPT PLEDGE C. FORMS IN THE ENCUMBRANCE OF SECURITY RIGHTS OVER WAREHOUSE RECEIPTS
HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY, DEDDY SALEH
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 1
A. FLOWCHART OF WAREHOUSE RECEIPT PLEDGE PROCEDURES
I. PROCEDURES FOR ENCUMBRANCE AND NOTIFICATION OF ENCUMBRANCE OF SECURITY RIGHTS
Prospective Secured Party submits application for verification of Warehouse Receipt to be encumbered with Security Rights to the Registration Center (SRG-OPR.12)
Registration Center conducts verification: • validity of Warehouse Receipt; • validity of the Pledgor party; • term of Warehouse Receipt; • value of Warehouse Receipt at the time of issuance; and • whether Security Rights have been encumbered on the Warehouse Receipt
Yes/No Yes Registration Center notifies that the Warehouse Receipt cannot be pledged along with the reasons (SRG-OPR.013.B)
No Registration Center notifies that the Warehouse Receipt can be pledged (SRG-OPR.013.A)
Pledgor and Secured Party sign the Agreement on Encumbrance of Security Rights Over Warehouse Receipt (SRG-OPR.014) which is an ancillary agreement to the main agreement, namely the credit agreement
Dispute resolution procedure
Secured Party notifies the occurrence of Warehouse Receipt pledge to the Registration Center and Warehouse Operator (SRG-OPR.15) and attaches: • Confirmation Evidence that Warehouse Receipt Can be Encumbered with Security Rights from the Registration Center; • photocopy of the Agreement on Encumbrance of Security Rights Over Warehouse Receipt; • photocopy of Warehouse Receipt.
Registration Center updates the status of the Warehouse Receipt and records the Encumbrance of Security Rights in the Register Book of Encumbrance of Security Rights
Registration Center sends confirmation evidence that the notification of encumbrance of Security Rights has been received and recorded (SRG-OPR.15)
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 2
II. PROCEDURES FOR NOTIFICATION OF CHANGE IN ENCUMBRANCE OF SECURITY RIGHTS AND CHANGE OF RECORDS OF ENCUMBRANCE OF SECURITY RIGHTS
III. PROCEDURES FOR NOTIFICATION OF EXTINGUISHMENT OF ENCUMBRANCE OF SECURITY RIGHTS
Notification by Secured Party regarding changes in the encumbrance of Security Rights (SRG-OPR.17)
Registration Center conducts verification: • identity of the Pledgor party has not changed; • identity of the Secured Party has not changed; and • verification of data on changes in the encumbrance of Security Rights
Yes/No Yes Registration Center notifies that the change in encumbrance of Security Rights cannot be recorded in the Register Book of Encumbrance of Security Rights along with the reasons
No Registration Center records the change in encumbrance of Security Rights in the Register Book of Encumbrance of Security Rights
Registration Center submits confirmation evidence that the notification has been received and the recording of the change in encumbrance of Security Rights has been done (SRG-OPR.18)
Secured Party notifies about the extinguishment of the encumbrance of Security Rights (SRG-OPR.19)
Registration Center conducts verification: • identity of the Pledgor party; • identity of the Secured Party; and • verification to the Secured Party regarding the extinguishment of the principal debt or the release of the encumbrance of Security Rights
Registration Center strikes off the record of encumbrance of Security Rights on the Register Book of Encumbrance of Security Rights
Registration Center submits confirmation evidence that the notification has been received and the striking off of the encumbrance of Security Rights on the Register Book of Encumbrance of Security Rights has been done (SRG-OPR.20)
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 3
IV. SALE OF SECURITY RIGHT OBJECT
Notification by Secured Party regarding the plan to sell the Security Right object due to the breach of contract by the Pledgor to: Pledgor, Registration Center, & Warehouse Operator (SRG-OPR.21)
Secured Party sells the Security Right object, either Warehouse Receipt or goods as stated in the Warehouse Receipt, without requiring a court decree
In the event of a transfer of Warehouse Receipt, the Registration Center prepares a Warehouse Receipt Account for the Warehouse Receipt buyer and performs the book transfer of ownership of the Warehouse Receipt
Notification by Secured Party to the Registration Center regarding the sale of goods or transfer of Warehouse Receipt
Registration Center submits confirmation evidence that the book transfer of ownership of the Warehouse Receipt from the Pledgor's Warehouse Receipt Account to the Warehouse Receipt Buyer's Warehouse Receipt Account has been done (SRG-OPR.23) or confirmation evidence that the recording of the sale of goods has been done in the event of a sale of goods, to the Secured Party, Pledgor, and Warehouse Operator
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 4
B. TECHNICAL GUIDELINES FOR WAREHOUSE RECEIPT PLEDGE
I. BACKGROUND To realize the orderly and regular implementation of the Warehouse Receipt System, various requirements and procedures must be fulfilled by every party conducting activities in the field of the Warehouse Receipt System, including issuance, transfer, pledge, and settlement of Warehouse Receipt transactions. Warehouse Receipts as a document of title over goods can be used as collateral because the Warehouse Receipts are guaranteed by specific commodities under the supervision of the Warehouse Operator. Regulations regarding the encumbrance of Security Rights include procedures for notifying the agreement to bind Warehouse Receipts as Security Rights and procedures for recording the encumbrance of Security Rights in the Register Book of Encumbrance of Security Rights, extinguishment of Security Rights, and sale of Security Right objects. To ensure that the implementation of Warehouse Receipt pledges is carried out in accordance with applicable laws and regulations, and to provide legal certainty and protect public interests, guidelines for Warehouse Receipt pledges need to be regulated. Warehouse Receipt pledges use SRG-Online provided by the Registration Center.
II. REFERENCES The references used in compiling these technical guidelines are based on, among others: a. Laws and implementing regulations related to the Warehouse Receipt System, namely:
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 5
III. DEFINITIONS
IV. PROCEDURES FOR ENCUMBRANCE AND NOTIFICATION OF ENCUMBRANCE OF SECURITY RIGHTS The encumbrance of Security Rights over Warehouse Receipts is carried out with the following procedures:
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 6
V. PROCEDURES FOR NOTIFICATION OF CHANGE IN ENCUMBRANCE AND CHANGE OF RECORDS OF ENCUMBRANCE OF SECURITY RIGHTS Changes to the records of encumbrance of Security Rights are carried out with the following procedures:
VI. PROCEDURES FOR NOTIFICATION OF EXTINGUISHMENT OF ENCUMBRANCE OF SECURITY RIGHTS Notification of the extinguishment of the encumbrance of Security Rights is carried out with the following procedures:
VII. SALE OF SECURITY RIGHT OBJECT The sale of the Security Right Object in the event that the Pledgor breaches their obligations to the Secured Party is carried out with the following procedures:
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 7
(ii) description of goods including type, quality level, quantity, and class of goods (if any); (iii) offered price; and (iv) time and place of direct sale. b. In the event that the sale is done through public auction, the Notification must at least contain: (i) Warehouse Receipt issuance number; (ii) description of goods including type, quality level, quantity, and class of goods (if any); and (iii) time and place of public auction sale. 2. In the event that the Secured Party intends to conduct a direct sale, to ensure that the direct sale is conducted by seeking the best price beneficial to the parties, the Secured Party is required to obtain prior approval from the Pledgor; In the event that: (i) the storage term of the goods has expired, or (ii) the goods will be damaged or can damage other goods, or (iii) if the sale is not immediately conducted, the value of the commodity will decrease, then the Secured Party can conduct a direct sale without prior approval from the Pledgor. 3. The Secured Party sells the Security Right Object, either Warehouse Receipt or goods as stated in the Warehouse Receipt, without requiring a court decree; 4. The Secured Party submits notification via SRG-Online and via registered mail to the Registration Center regarding the transfer of Warehouse Receipt to the Warehouse Receipt buyer due to the sale of the Security Right Object because of the breach of contract by the Pledgor to the Secured Party using Model Form Number SRG-OPR.22; 5. The Registration Center prepares a Warehouse Receipt Account for the Warehouse Receipt buyer and performs the book transfer of ownership of the Warehouse Receipt from the Pledgor's Warehouse Receipt Account to the Warehouse Receipt Buyer's Warehouse Receipt Account as the Holder of the Warehouse Receipt resulting from the sale; 6. The Registration Center submits confirmation evidence that the book transfer of ownership of the Warehouse Receipt from the Pledgor's Warehouse Receipt Account to the Warehouse Receipt Buyer's Warehouse Receipt Account has been done via SRG-Online to the Secured Party, Warehouse Operator, and Warehouse Receipt buyer using Model Form Number SRG-OPR.23.
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 8
C. FORMS IN THE PLEDGE OF WAREHOUSE RECEIPTS
MODEL FORM NUMBER: SRG-OPR.012 Number: ............... , ...........................20.. Attachment: Subject: Application for Verification of Warehouse Receipt to be Encumbered with Security Rights to the Registration Center
To: Director General of PT…...................... as Director of the Warehouse Receipt System Registration Center in ..........................
Hereby we submit an application for verification of the Warehouse Receipt to be encumbered with security rights to us. Hereby we submit confirmation data that the Warehouse Receipt with the following data: a. Type of Warehouse Receipt: Bearer Warehouse Receipt or Order Warehouse Receipt *) b. Name and address of the goods owner: c. Location of the warehouse where goods are stored: d. Date of issuance: e. Issuance number: f. Due date: g. Description of goods:
Thus this application letter is submitted, we thank you for your attention.
Applicant ( ...................................... ) Name: Position: *) Choose one
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 9
MODEL FORM NUMBER: SRG-OPR.13 Number: ..............., ...........................20.. Attachment: Subject: Confirmation Evidence that Warehouse Receipt Can/Cannot be Encumbered with Security Rights*)
To: Director General of PT…................... in ......................
Referring to Your Letter Number............date............subject Application for Verification of Warehouse Receipt to be Encumbered with Security Rights to the Registration Center, hereby we notify the verification results of the Warehouse Receipt as follows: a. Warehouse Receipt Identity Type of Warehouse Receipt Name and address of the goods owner Location of the warehouse where goods are stored Date of issuance Issuance number Due date Description of goods : : : : : : : : Bearer Warehouse Receipt or Order Warehouse Receipt *) ........................................................................ ........................................................................ ........................................................................ ........................................................................ ........................................................................ ........................................................................ ........................................................................
b. Warehouse Receipt Specifications: Bearer/Non-Bearer Warehouse Receipt Bearer/Order *) No. ……….. date ………..
c. Identity of the Pledgor party Name Address ID Number Phone Number : : : : …………………………………………………… …………………………………………………… …………………………………………………… ……………………………………………………
d. Term of Warehouse Receipt : .........................................................................
e. Value of Warehouse Receipt at the Time of Issuance : Rp. ……………………………
f. Status of Warehouse Receipt : □ Not yet encumbered with security rights. □ Already encumbered with security rights.
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 10
Thus this confirmation is submitted, we thank you for your attention.
Registration Center Stamp (......................................) Name: Position: NIP: *) Choose one
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 11
MODEL FORM NUMBER: SRG-OPR.14
AGREEMENT ON ENCUMBRANCE OF SECURITY RIGHTS OVER WAREHOUSE RECEIPTS Number:……… On this day ……….., date ……………………………………., we who sign below:
APPENDIX to the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 09/BAPPEBTI/PER-SRG/7/2008 Date: July 24, 2008 12