Rule · OJK · 24 Dec 2024
Financial Service Authority Circular No. 22/SEOJK.06/2024 establishes the assessment of competence and propriety for principal parties of Financing Institutions, Venture Capital Companies, Microfinance Institutions, and other Financial Service Institutions. The regulation defines principal parties, including Controlling Shareholders, Board of Directors, Board of Commissioners, Sharia Supervisory Board members, and Statutory Managers, and mandates pre-appointment assessments for candidates. It specifies that individuals cannot exercise powers or receive full remuneration until approved, prohibits unauthorized actions by prospective Controlling Shareholders before approval, and requires reporting of tenure extensions to the Authority within 15 working days.
To:
at their respective addresses.
COPY
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY OF THE REPUBLIC OF INDONESIA NUMBER 22/SEOJK.06/2024
CONCERNING
ASSESSMENT OF COMPETENCE AND PROPRIETY FOR PRINCIPAL PARTIES OF FINANCING INSTITUTIONS, VENTURE CAPITAL COMPANIES, MICROFINANCE INSTITUTIONS, AND OTHER FINANCIAL SERVICE INSTITUTIONS
In connection with the refinement of the Financial Services Authority Circular Letter Number 31/SEOJK.05/2016 concerning the Assessment of Competence and Propriety for Principal Parties on Non-Bank Financial Service Institutions, which is a mandate of the provisions of Article 35 of Financial Services Authority Regulation Number 27/POJK.03/2016 concerning the Assessment of Competence and Propriety for Principal Parties of Financial Service Institutions (State Gazette of the Republic of Indonesia Year 2016 Number 147, Supplement to the State Gazette of the Republic of Indonesia Number 5098), and the need for regulations concerning the assessment of competence and propriety for the Indonesian Export Financing Institution and PT Sarana Multi Infrastruktur (Persero), it is necessary to regulate the implementation provisions for the assessment of competence and propriety for principal parties on financing institutions, venture capital companies, microfinance institutions, and other financial service institutions in this Financial Services Authority Circular Letter as follows:
I. GENERAL PROVISIONS
In this Financial Services Authority Circular Letter, the following terms are meant:
Financing Institutions, Venture Capital Companies, Microfinance Institutions, and Other Financial Service Institutions, hereinafter referred to as PVML, are:
a. Financing Institutions, including:
Financing Company is a legal entity that conducts financing activities for goods and/or services to the public, including those conducting business activities based on Sharia principles.
Infrastructure Financing Company is a legal entity specifically established to conduct financing activities in the form of providing funds for infrastructure projects and/or implementing other activities or facilities in support of infrastructure financing, including conducting business activities based on Sharia principles.
Venture Capital Company is a legal entity that conducts venture capital business activities, including those conducting business activities based on Sharia principles.
Microfinance Institution is a financial institution specifically established to provide business development services and community empowerment, either through loans or financing for micro-scale businesses to members and the public, managing deposits, or providing business development consulting services that are not solely profit-oriented, including those conducting business activities based on Sharia principles.
Pawnshop Company is a legal entity that conducts business activities providing loans secured by movable assets, including those conducting business activities based on Sharia principles.
Information Technology-Based Joint Financing Service Provider is an Indonesian legal entity that provides, manages, and operates the provision of financial service facilities to match fund providers with fund recipients to conduct financing either conventionally or based on Sharia principles directly through an electronic system using the internet.
The Indonesian Export Financing Institution is the Indonesian Export Financing Institution as referred to in the Law concerning the Indonesian Export Financing Institution.
PT Permodalan Nasional Madani is a company established based on Government Regulation of the Republic of Indonesia Number 38 of 1999 concerning State Capital Participation in the Establishment of State-Owned Limited Liability Companies (Persero) for the Development of Cooperatives, Small and Medium Enterprises.
PT Sarana Multi Infrastruktur (Persero) is a state-owned enterprise established based on Government Regulation Number 66 of 2007 concerning State Capital Participation in the Establishment of State-Owned Limited Liability Companies (Persero) in the Field of Infrastructure Financing, as last amended by Government Regulation Number 53 of 2020 concerning the Second Amendment to Government Regulation Number 66 of 2007 concerning State Capital Participation in the Establishment of State-Owned Limited Liability Companies (Persero) in the Field of Infrastructure Financing.
Principal Party is a party that owns, manages, supervises, and/or has significant influence on PVML.
Controlling Shareholder, hereinafter abbreviated as PSP, is a legal entity, individual, and/or business group that directly or indirectly owns shares or share equivalents in PVML and/or has the ability to exercise control over the aforementioned PVML.
General Meeting of Shareholders, hereinafter abbreviated as RUPS, is the general meeting of shareholders as referred to in Law Number 40 of 2007 concerning Limited Liability Companies for PVML that are limited liability company legal entities, or equivalent to RUPS for PVML that are cooperative legal entities.
Manager is a party appointed by the PVML Board of Directors of a cooperative legal entity and given authority and power to manage the business of the PVML with a cooperative legal entity.
Board of Directors is the Board of Directors as referred to in Law Number 40 of 2007 concerning Limited Liability Companies for PVML that are limited liability company legal entities, or equivalent to the Board of Directors for PVML that are cooperative legal entities.
Board of Commissioners is the Board of Commissioners as referred to in Law Number 40 of 2007 concerning Limited Liability Companies for PVML that are limited liability company legal entities, or equivalent to the Board of Commissioners for PVML that are cooperative legal entities.
Sharia Supervisory Board is a party that has the task and function of supervising the implementation of PVML activities to ensure compliance with Sharia principles.
Executive Director is a director appointed by the Board of Directors to assist the Executive Director of the Indonesian Export Financing Institution in carrying out operational activities of the Indonesian Export Financing Institution.
Board of Directors is the Board of Directors of the Indonesian Export Financing Institution as referred to in the Law concerning the Indonesian Export Financing Institution.
Statutory Manager is an individual or legal entity designated by the Financial Services Authority to exercise the authority of the Financial Services Authority as referred to in Law Number 21 of 2011 concerning the Financial Services Authority, as amended by Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector.
Ultimate Shareholder is the ultimate owner and controller of a legal entity.
II. SCOPE OF PARTIES SUBJECT TO ASSESSMENT OF COMPETENCE AND PROPRIETY
The assessment of competence and propriety is conducted against candidates for Principal Parties.
Principal Parties required to undergo the assessment of competence and propriety include:
a. For PVML other than Microfinance Institutions, the Indonesian Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero):
Principal Parties of Microfinance Institutions required to undergo the assessment of competence and propriety as referred to in letter c of item 2 are large-scale business Microfinance Institution Principal Parties as regulated in Financial Services Authority Regulations concerning Microfinance Institutions.
The assessment of competence and propriety for Principal Parties as referred to in item 2 is conducted against:
a. PSP as referred to in item 2 letter a item 1), including:
PSP as referred to in item 2 letter a are individuals, legal entities, and/or business groups that:
a. have share nominal or capital amounting to 25% (twenty-five percent) or more of the issued share nominal and have voting rights; or b. have share nominal or capital less than 25% (twenty-five percent) of the issued share nominal and have voting rights but the concerned party can prove to have exercised Control over PVML, either directly or indirectly.
The assessment of competence and propriety is not conducted for the extension of tenure within the same PVML for members of the Board of Directors, members of the Board of Commissioners, members of the Manager, members of the Sharia Supervisory Board, members of the Board of Directors, members of the Executive Director, and Statutory Manager except:
a. extension of tenure as referred to in Article 34 paragraph (2) of Financial Services Authority Regulation Number 27/POJK.03/2016 concerning the Assessment of Competence and Propriety for Principal Parties of Financial Service Institutions; and b. extension of tenure as referred to in item 4 letter b item 5) letter b).
Extension of tenure as referred to in item 6 is any reassignment to the same, equivalent, or lower position, examples:
a. same position is a marketing director appointed again as marketing director within the same company; b. equivalent position, examples:
Extension of tenure of members of the Board of Directors and members of the Board of Commissioners as referred to in item 6 is reported to the Financial Services Authority no later than 15 (fifteen) working days accompanied by the RUPS decision that has been ratified by the competent authority regarding the establishment of the aforementioned extension of tenure.
In the event of a change in ownership, prospective PSP as referred to in item 2 letter a item 1) must be submitted to the Financial Services Authority first for assessment of competence and propriety before purchasing/taking over PVML shares other than Microfinance Institutions, the Indonesian Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero).
In the event that prospective PSP as referred to in item 9 already holds shares in PVML other than Microfinance Institutions, the Indonesian Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero) before obtaining approval from the Financial Services Authority, the concerned party is prohibited from taking actions as PSP even though they hold shares in PVML other than Microfinance Institutions, the Indonesian Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero).
Actions as PSP as referred to in item 10 include:
a. influencing the policies of PVML other than Microfinance Institutions, the Indonesian Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero); b. proposing/placing members of the Board of Directors, members of the Board of Commissioners, and members of the Manager in PVML other than Microfinance Institutions, the Indonesian Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero); and
c. attending and/or voting in RUPS in the capacity as PSP.
Prospective members of the Board of Directors, members of the Board of Commissioners, members of the Manager, or members of the Sharia Supervisory Board as referred to in item 2 letter a and letter c must be submitted to the Financial Services Authority first for assessment of competence and propriety before being appointed by RUPS.
In the event that prospective members of the Board of Directors, members of the Board of Commissioners, members of the Manager, or members of the Sharia Supervisory Board as referred to in item 12 are appointed first by RUPS before the assessment of competence and propriety is conducted, the concerned party:
a. is prohibited from taking actions, tasks, and functions as members of the Board of Directors, members of the Board of Commissioners, members of the Manager, or members of the Sharia Supervisory Board; and b. is given remuneration lower than that of members of the Board of Directors, members of the Board of Commissioners, members of the Manager, or members of the Sharia Supervisory Board who have been appointed by RUPS and have received the result of the assessment of competence and propriety with an approved rating.
Implementation of tasks and functions as members of the Board of Directors or members of the Manager as referred to in item 13 letter a can be given examples as follows:
a. acting on behalf of PVML other than the Indonesian Export Financing Institution in making decisions that legally bind PVML other than the Indonesian Export Financing Institution; b. taking important decisions that affect the financial condition of PVML other than the Indonesian Export Financing Institution;
c. signing financing agreements of PVML other than the Indonesian Export Financing Institution;
d. signing funding agreements of PVML other than the Indonesian Export Financing Institution; e. having voting rights in PVML meetings other than the Indonesian Export Financing Institution; and f. representing PVML other than the Indonesian Export Financing Institution inside and outside of court.
Implementation of tasks and functions as members of the Board of Commissioners as referred to in item 13 letter a can be given examples as follows:
a. taking important decisions in the context of supervision that affect the operational activities of PVML other than the Indonesian Export Financing Institution; and b. acting on behalf of PVML other than the Indonesian Export Financing Institution in the event that all members of the Board of Directors are unable to act.
Implementation of tasks and functions as members of the Sharia Supervisory Board as referred to in item 13 letter a can be given examples as follows:
a. taking important decisions in the context of supervising the implementation of Sharia Principles that affect the operational activities of PVML other than the Indonesian Export Financing Institution; and b. providing Sharia opinions in the context of operational activities of PVML other than the Indonesian Export Financing Institution.
Prospective members of the Board of Directors or Executive Director as referred to in item 2 letter b must be submitted to the Financial Services Authority first for assessment of competence and propriety before being appointed by the Minister in charge of finance or the Board of Directors.
Prospective Statutory Managers as referred to in item 2 letter a to letter c who will be designated by the Financial Services Authority must first undergo assessment of competence and propriety before being designated by the Financial Services Authority.
III. REQUIREMENTS IN THE ASSESSMENT OF COMPETENCE AND PROPRIETY
A. Assessment of Integrity Requirements
The assessment of integrity requirements is conducted to ensure the level of compliance and good faith of Principal Parties in managing, supervising, and/or executing business processes so that companies in the PVML sector are able to meet their obligations to creditors, debtors, and/or other consumers.
Criteria for assessing integrity requirements for Principal Parties include:
a. having legal capacity as regulated in applicable legislation; b. having good character and morality, at least shown by a attitude of complying with applicable regulations, including never being sentenced for proven criminal acts within a certain period before nomination, including:
penalties have been served within the last 20 (twenty) years prior to nomination;
2) criminal offenses, namely offenses stipulated in the Criminal Code (KUHP) and/or equivalents to the KUHP in foreign countries, with a prison sentence threat of 1 (one) year or more, where the penalty has been served within the last 10 (ten) years prior to nomination; and/or
3) other criminal offenses with a prison sentence threat of 1 (one) year or more, including but not limited to corruption, money laundering, narcotics/psychotropics, smuggling, customs, excise, human trafficking, illegal arms trafficking, terrorism, counterfeiting currency, tax offenses, forestry offenses, environmental offenses, and maritime and fisheries offenses, where the penalty has been served within the last 20 (twenty) years prior to nomination.
The phrase "prior to nomination" as referred to in items 1), 2), and 3) is calculated from the date the individual has completed serving their criminal penalty until the date of the PVML application letter to the Financial Services Authority (Otoritas Jasa Keuangan);
c. have a commitment to comply with legislation and support the policies of the Financial Services Authority, among others proven by:
1) never violating prudential principles in the financial services sector; and
2) never violating legislation in the financial services sector;
d. have a commitment to the healthy development of PVML, among others proven by:
1) submission of the prospective PSP's plan for PVML operational development, which must at least contain:
a) direction and strategy for PVML development; b) strategy in the event that the PVML owned and/or controlled by the prospective PSP experiences financial difficulties; and c) PVML capital plan for a period of at least 3 (three) years;
2) never violating commitments previously agreed upon with the supervising and overseeing agency of PVML, namely acts of failing to fulfill some or all of the commitments stipulated in meeting minutes, minutes of proceedings, or stated in a company commitment declaration letter, including but not limited to not executing:
a) recommendations from audit results reports; b) programs for PVML rehabilitation; and c) settlement of PVML obligations to creditors, debtors, and/or other consumers that have been agreed upon;
3) have a commitment not to commit and/or repeat acts and/or actions that cause the individual to be listed in the list of prohibited parties as Principal Parties, for prospective parties who have previously been listed in the list of prohibited parties as Principal Parties;
4) never commit acts that provide unfair benefits to shareholders, controlling parties of insurance companies, Principal Parties, employees, and/or other parties that can harm or reduce the rights of creditors, debtors, and/or other consumers;
5) never commit acts that are inconsistent with their authority or beyond their authority; and
6) never be declared incapable of exercising their authority;
e. have a commitment in handling and resolving consumer complaints specifically for members of the Board of Directors, members of the Board of Commissioners, members of Management, members of the Sharia Supervisory Board, members of the Board of Directors, members of the Executive Director, and Statutory Management who oversee the consumer protection function; and f. are not included as parties prohibited from becoming prospective Principal Parties.
B. Assessment of Financial Reputation Requirements
C. Assessment of Financial Feasibility Requirements
D. Assessment of Competence Requirements
b) for members of the Board of Commissioners, members of the Sharia Supervisory Board, members of the Board of Directors, and Statutory Management, namely:
(1) performing basic analysis of PVML situation; (2) analyzing PVML internal condition development, including company financial health conditions, human resources, and information technology; and (3) analyzing the policies of members of the Board of Directors, members of Management, members of the Executive Director, and Statutory Management; b. experience in PVML and/or other fields relevant to their position, among others proven by:
1) experience in relevant financial services institutions; and
2) experience in positions relevant to the plan for the individual's appointment or employment; and
c. expertise in PVML and/or other fields relevant to their position at PVML, including:
1) formal education background at a minimum of Bachelor's degree (S1) level or equivalent; and
2) certifications relevant to the position at PVML referring to regulations governing the development of PVML human resource quality.
IV. APPLICATION PROCEDURES AND ADMINISTRATIVE REQUIREMENTS
A. Application Procedures
Applications for approval to become a Principal Party are submitted by:
a. prospective owners, founders, or members of the Board of Directors of PVML, in the case of PVML business license applications; b. members of the Board of Directors of PVML, in the case where PVML has obtained a business license;
c. the Minister in charge of finance, for LPEI, in the case of submitting approval for prospective Board of Directors members;
d. the Board of Directors, for LPEI, in the case of submitting approval for prospective Executive Directors; and e. the Minister in charge of finance, for PT Sarana Multi Infrastruktur (Persero).
In the event that members of the Board of Directors of PVML as referred to in item 1 letter a or letter b cannot perform their functions or have a conflict of interest with PVML, the application is submitted by:
a. other members of the Board of Directors who do not have a conflict of interest with PVML; b. members of the Board of Commissioners if all members of the Board of Directors cannot perform their functions or have a conflict of interest with PVML; or
c. other parties appointed by the General Meeting of Shareholders (RUPS) if all members of the Board of Directors or members of the Board of Commissioners cannot perform their functions or have a conflict of interest with PVML.
Applications for approval to become a Principal Party as referred to in items 1 and 2 are submitted to the Financial Services Authority using Format 1 as contained in Appendix I which is an integral part of this Financial Services Authority Circular.
Submission of applications for approval to become a Principal Party for prospective Principal Parties submitted by PVML must state the number of Principal Parties corresponding to the targeted position. For example, if there are 2 (two) targeted positions at a PVML, the PVML can only submit 2 (two) prospective Principal Parties for the assessment of competence and propriety.
The targeted positions as referred to in item 4 must be written completely and clearly, for example, Chief Executive Director, Operational Director, Financial Director, or Human Resources Director.
Submission of the application letter for approval to become a Principal Party as referred to in item 3 must be accompanied by administrative requirement documents.
PVML must fill out the list of administrative requirement document fulfillment using Format 2 as contained in Appendix I which is an integral part of this Financial Services Authority Circular.
PVML must first conduct a self-assessment of the members of the Board of Directors, members of the Board of Commissioners, members of Management, members of the Sharia Supervisory Board, members of the Board of Directors, members of the Executive Director, and Statutory Management before submitting them to the Financial Services Authority using Format 3 as contained in Appendix I which is an integral part of this Financial Services Authority Circular.
The self-assessment as referred to in item 8 is conducted by the party having the remuneration and nomination committee at each PVML. For PVMLs that do not have a remuneration and nomination committee, the self-assessment can be conducted by the official overseeing the human resources function.
The results of the self-assessment of prospective Principal Parties are signed by the party conducting the self-assessment as referred to in item 9.
In the context of the competence and propriety assessment process, PVML submits administrative documents in the form of:
a. application for approval to become a Principal Party as referred to in item 3; b. filling out the list of supporting documents required as referred to in item 7; and
c. self-assessment of members of the Board of Directors, members of the Board of Commissioners, members of Management, members of the Sharia Supervisory Board, members of the Board of Directors, members of the Executive Director, and Statutory Management as referred to in item 8,
to the Financial Services Authority electronically via the Financial Services Authority data communication network system.
With the submission of the application for approval to become a Principal Party electronically as referred to in item 11, the Company does not need to submit printed documents.
The application letter for approval to become a Principal Party and/or administrative requirement documents submitted electronically as referred to in item 11 are color scans of the original documents.
In the event that the Financial Services Authority data communication network system is unavailable or there is a technical disturbance or force majeure, the submission of the application for approval to become a Principal Party and/or administrative requirement documents as referred to in item 11 letters a, b, and c is submitted to the Financial Services Authority in the form of electronic documents electronically via email or other media designated by the Financial Services Authority.
In the event of technical disturbances or force majeure as referred to in item 14, the Financial Services Authority announces via the Financial Services Authority website or via email or other media designated by the Financial Services Authority to PVML.
Force majeure as referred to in items 14 and 15 includes but is not limited to fire, mass riots, war, armed conflict, sabotage, pandemic, cyber attacks, and/or natural disasters such as earthquakes or floods.
Submission of electronic documents via email as referred to in item 14 is sent to the address mailingroomwismul@ojk.go.id or other addresses designated by the Financial Services Authority and addressed to:
Head of Executive Supervisor for Financing Institutions, Venture Capital Companies, Microfinance Institutions, and Other Financial Service Institutions u.p. Director of Licensing for Financing Institutions, Venture Capital Companies, Microfinance Institutions, and Other Financial Service Institutions.
In the event that the Financial Services Authority data communication network system or email experiences technical disturbances or PVML experiences disturbances so that it cannot submit electronic documents as referred to in item 14, PVML submits electronic documents using electronic data storage media sent offline accompanied by written notification via a letter signed by the director or equivalent, as follows:
a. for PVMLs with headquarters in Jakarta city, addressed to the Head of Executive Supervisor for Financing Institutions, Venture Capital Companies, Microfinance Institutions, and Other Financial Service Institutions u.p. Director of Licensing for Financing Institutions, Venture Capital Companies, Microfinance Institutions, and Other Financial Service Institutions. Wisma Mulia Building 2, 15th Floor Jalan Jenderal Gatot Subroto Kav. 42 Jakarta 12710; or b. for Financing Companies, Venture Capital Companies, Microfinance Institutions, Pawnshop Companies, and Information Technology-Based Joint Financing Service Providers with headquarters outside Jakarta city, addressed to the Head of the local Financial Services Authority Office.
Submission of applications for approval to become a Principal Party and/or administrative requirement documents offline as referred to in item 18 is done as follows:
a. handed directly to the Financial Services Authority office; or b. sent via a courier service company.
In the event of a change in the Financial Services Authority office address for submission of applications for approval to become a Principal Party and/or administrative requirement documents as referred to in item 18, the Financial Services Authority provides notification of the address change via letter and/or announcement.
PVML must state that the documents submitted offline are true and identical to the original documents.
PVML is deemed to have submitted the Principal Party approval application with the following conditions:
a. for electronic submission via:
1) the Financial Services Authority data communication network system, proven by a receipt from the Financial Services Authority data communication network system; or
2) email to the Financial Services Authority, proven by email delivery proof, in the event that submission via the data communication network cannot be performed; or
b. for offline submission, proven by a receipt from the Financial Services Authority.
PVML must retain printed documents of the Principal Party approval application and administrative requirement documents that have been submitted via the Financial Services Authority data communication network system or via email to the Financial Services Authority for the duration that the Principal Party approval remains valid.
The Financial Services Authority may verify the completeness, truthfulness, and reasonableness of the Principal Party approval application documents and administrative requirement documents submitted by PVML via the Financial Services Authority data communication network system or via email to the Financial Services Authority.
B. Administrative Requirement Documents
Indonesia or equivalent documents valid for foreign citizens; and
3) latest color passport-sized photos;
d. a legal entity statement represented by the board of directors, which has been fully filled out and stamped with sufficient stamp duty, using format 5 letter A as contained in Appendix I which is an integral part of this Financial Services Authority Circular, at least containing statements regarding the fulfillment of integrity aspects, financial feasibility aspects, and not undergoing a competence and propriety assessment process at a financial service institution; e. the company's ownership structure up to the ultimate shareholder; f. an ultimate shareholder statement that has been drafted and stamped with sufficient stamp duty, containing a detailed explanation regarding the nature of the relationship between the ultimate shareholder of the prospective controlling shareholder and the company to be acquired; g. an ultimate shareholder statement that has been drafted and stamped with sufficient stamp duty, containing a statement that there is no nominee practice, loan of share names, or acting in concert, which has the potential to cause negative impacts on the acquired PVML; and h. other documents related to indirect shareholders up to the ultimate shareholder (if required by the Financial Services Authority).
C. List of Fulfillment of Administrative Requirement Documents
D. Self Assessment
V. PROCEDURE FOR COMPETENCE AND PROPRIETY ASSESSMENT
The implementation of competence and propriety assessment for prospective PSPs, prospective members of the Board of Directors, members of the Board of Commissioners, members of the Management, members of the Sharia Supervisory Board, members of the Board of Directors, members of the Executive Director, and/or Statutory Management includes the stages:
a. administrative assessment; and b. determination of the results of the competence and propriety assessment.
A. Administrative Assessment
B. Presentation or Exposition by Prospective PSP
C. Clarification of Prospective Members of the Board of Directors, Members of the Board of Commissioners, Members of the Management, Members of the Sharia Supervisory Board, Members of the Board of Directors, Members of the Executive Director, and Statutory Management
VI. CESSATION OF COMPETENCE AND PROPRIETY ASSESSMENT
penalty of 1 (one) year or more, including but not limited to corruption, money laundering, narcotics/psychotropics, smuggling, customs, excise, human trafficking, illegal arms trafficking, terrorism, counterfeiting money, in the field of taxation, in the field of forestry, in the field of the environment, in the field of marine and fisheries; and/or d. bankruptcy cases.
3. What is meant by undergoing the assessment process for competence and propriety at the Financial Services Authority as referred to in item 1 letter b is when the prospective Principal Party is submitting an application for competence and propriety assessment to the Financial Services Authority as a prospective Principal Party at a financial service institution.
4. The Financial Services Authority stops the competence and propriety assessment against the prospective Principal Party undergoing the competence and propriety assessment process at the Financial Services Authority as referred to in item 1 letter b for the latest nomination submitted by the PVML to the Financial Services Authority.
5. What is meant by undergoing a reassessment process due to indications of integrity, financial feasibility or financial reputation problems, and/or competence at a financial service institution as referred to in item 1 letter c is when the prospective Principal Party is in the process of reassessment due to indications of integrity, financial feasibility or financial reputation problems, and/or competence in their capacity as a party who owns, manages, supervises, and/or has significant influence on the financial service institution as regulated in the Financial Services Authority Regulation regarding Reassessment for Principal Parties of Financial Service Institutions.
6. The Financial Services Authority notifies in writing the cessation of the competence and propriety assessment to the PVML submitting the nomination accompanied by the reasons for cessation.
7. The PVML may re-submit the party whose competence and propriety assessment process was stopped, if the prospective Principal Party has completed the process as referred to in item 1 which is proven by:
a. a letter of order to stop investigation (SP3); b. a court decision that has obtained permanent legal force stating that the party is declared not guilty;
c. information/court decision that has obtained permanent legal force proving that the prospective Principal Party is not declared bankrupt/declared guilty of the company's bankruptcy; or
d. a statement by the Financial Services Authority that the prospective Principal Party is not proven to have problems related to integrity, financial feasibility, financial reputation, and/or competence.
VII. PROCEDURES FOR DETERMINING ASSESSMENT RESULTS AND CONSEQUENCES
A. Classification of Assessment Results
1. The results of the competence and propriety assessment of Principal Parties of PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) are classified into 2 (two)
predicates as follows:
a. approved; or b. not approved.
2. The results of the competence and propriety assessment of Principal Parties of the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) are classified into 2 (two)
predicates as follows:
a. recommended; or b. not recommended.
3. Prospective Principal Parties of PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) who obtain the predicate approved as referred to in item 1 letter a and prospective Principal Parties of the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) who obtain the predicate recommended as referred to in item 2 letter a are declared to meet the requirements and obtain approval or recommendation from the Financial Services Authority to become Principal Parties at the PVML submitting the nomination as referred to in Roman IV letter A item 1.
4. Prospective Principal Parties of PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) who obtain the predicate not approved as referred to in item 1 letter b and prospective Principal Parties of the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) who obtain the predicate not recommended as referred to in item 2 letter b are declared not to meet the requirements and do not obtain approval or recommendation from the Financial Services Authority to become Principal Parties at the PVML submitting the nomination as referred to in Roman IV letter A item 1.
B. Determination and Submission of Competence and Propriety Assessment Results
1. The Financial Services Authority determines the results of the competence and propriety assessment against prospective Principal Parties no later than 30 (thirty) working days after all application documents are received completely and correctly.
2. In the event that the competence and propriety assessment process for prospective Principal Parties is conducted at the time of business license applications, approval applications for takeovers, mergers, and/or consolidations of PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero), the Financial Services Authority provides the determination of the results of the competence and propriety assessment within a time frame in accordance with regulations governing the issuance of business licenses, approval of takeovers, mergers, and/or consolidations of PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero).
3. The results of the competence and propriety assessment in the form of the predicate approved or predicate not approved as referred to in letter A item 1 and predicate recommended or predicate not recommended as referred to in letter A item 2 regarding the application of prospective Principal Parties are submitted in writing to the PVML or the party submitting the nomination as referred to in Roman IV letter A item 1.
4. The Financial Services Authority may notify the results of the competence and propriety assessment to interested parties in the implementation of the functions, duties, and authorities of the Financial Services Authority or as required by legislation, including the government, shareholders of the PVML, or other parties deemed necessary by the Financial Services Authority.
C. Consequences of Assessment Results
1. For prospective PSPs who obtain the predicate approved as referred to in letter A item 1 letter a by the Financial Services Authority, the party concerned may purchase, receive gifts, receive inheritance, or other forms of transfer of rights over shares of PVMLs other than Microfinance Institutions, the Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero).
2. For prospective PSPs who obtain the predicate approved as referred to in item 1, which results in the party concerned having to make additional capital contributions, the prospective PSP concerned must realize the additional capital contribution no later than 3 (three) months from the date the results of the competence and propriety assessment are determined.
3. In the event that after the time frame as referred to in item 2 has passed, the PSP who obtained the predicate approved by the Financial Services Authority has not yet realized the additional capital contribution, the PVML other than Microfinance Institutions, the Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero) submitting the nomination notifies the Financial Services Authority of the reasons for the non-realization of the additional capital contribution no later than 10 (ten) working days from the time frame as referred to in item 2.
4. For prospective PSPs who obtain the predicate not approved as referred to in letter A item 1 letter b or whose approval is revoked by the Financial Services Authority but already hold shares of PVMLs other than Microfinance Institutions, the Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero), the party concerned:
a. is required to transfer all of their share ownership and not exercise control over the PVML other than Microfinance Institutions, the Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero), in the event of non-approval due to not meeting integrity requirements; b. is required to transfer part of their share ownership in the PVML other than Microfinance Institutions, the Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero) so that the number of shares owned returns to the initial amount before the share addition that caused the party concerned to become a prospective PSP and not exercise control, in the event of non-approval due to not meeting financial feasibility requirements;
c. restrictions are placed on shareholder rights, namely all shareholder rights of the party concerned are not recognized, in the event of non-approval due to not meeting integrity requirements; and/or
d. restrictions are placed on shareholder rights, namely shareholder rights are recognized only up to the initial number of shares before the share addition that caused the party concerned to become a prospective PSP, in the event of non-approval due to not meeting financial feasibility requirements.
5. The transfer of share ownership as referred to in item 4 letter a and letter b must be carried out within a time frame no later than 1 (one) year from the date of non-approval or revocation as a PSP.
6. What is meant by shareholder rights as referred to in item 4 letter c and letter d includes, for example, the right to attend, calculate quorum, cast votes in the General Meeting of Shareholders (RUPS), and the right to receive distributed dividends.
7. In the event that the prospective PSP does not transfer share ownership within the time frame as referred to in item 5, the shareholder rights as referred to in item 6 become unrecognized until the party concerned carries out the transfer of share ownership.
8. The Financial Services Authority may designate parties who are not allowed to receive share transfers as referred to in item 4 letter a and letter b.
9. Parties who are not allowed to receive share transfers as referred to in item 8 are parties affiliated with the prospective PSP, consisting of:
a. parties who have a family relationship up to the second degree with the prospective PSP, including to their business group; b. parties who are the ultimate beneficial owners of the prospective PSP concerned;
c. parties where the prospective PSP acts as the controller; and
d. parties who have financial interdependence with the prospective PSP.
10. What is meant by family relationship up to the second degree as referred to in item 9 letter a is a relationship both vertically and horizontally, including parents-in-law, children-in-law, and siblings-in-law, covering:
a. biological/step/adopted parents; b. biological/step/adopted siblings along with their husbands or wives;
c. biological/step/adopted children;
d. biological/step/adopted grandparents; e. biological/step/adopted grandchildren; f. biological/step/adopted siblings of parents along with their husbands or wives; g. husbands/wives; h. parents-in-law;
i. siblings-in-law;
j. husbands/wives of biological/step/adopted children; k. grandparents of husbands/wives;
l. husbands/wives of biological/step/adopted grandchildren; and
m. biological/step/adopted siblings of husbands/wives along with their husbands or wives.
11. PVMLs other than Microfinance Institutions, the Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero) are required to report the transfer of share ownership as referred to in item 5 to the Financial Services Authority by referring to regulations governing the reporting of articles of association changes related to ownership changes applicable to PVMLs other than Microfinance Institutions, the Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero).
12. In the event that the transfer of share ownership as referred to in item 4 letter a and letter b is carried out by transferring shares to parties not allowed to receive share transfers as referred to in item 9, then:
a. the transfer is not considered as a transfer of ownership as referred to in item 4 letter a and letter b; b. PVMLs other than Microfinance Institutions, the Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero) are prohibited from recording the party receiving the transfer in the shareholder register of the PVML other than Microfinance Institutions, the Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero); and
c. the party receiving the transfer does not obtain their rights as a shareholder.
13. For prospective members of the Board of Directors, Board of Commissioners, Management, and Sharia Supervisory Board members at PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) who obtain the predicate approved as referred to in letter A item 1 letter a by the Financial Services Authority, they must be appointed to their positions in accordance with the positions submitted at the time of the competence and propriety assessment application no later than 3 (three) months from the date the results of the competence and propriety assessment are determined.
14. In the event that after the time frame as referred to in item 13 has passed, the Principal Party who obtained the predicate approved as referred to in letter A item 1 letter a by the Financial Services Authority has not yet been appointed, the PVML other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) submitting the nomination notifies the Financial Services Authority of the reasons for the non-appointment of the Principal Party concerned no later than 10 (ten) working days from the time frame as referred to in item 13.
15. Based on the notification as referred to in item 14, the Financial Services Authority may extend the appointment time frame no later than 3 (three) months from the date of the time extension notification letter.
16. PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) are required to report the appointment of prospective members of the Board of Directors, Board of Commissioners, Management, and Sharia Supervisory Board members as referred to in item 13 to the Financial Services Authority by referring to regulations governing the reporting of Principal Party changes related to management changes applicable to PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero).
17. The Financial Services Authority determines Statutory Managers who obtain the predicate approved as referred to in letter A item 1 letter a no later than 3 (three) months from the date the results of the competence and propriety assessment are determined.
18. The Financial Services Authority revokes approval as referred to in letter A item 1 letter a, if after approval is given:
a. it is found that information or documents submitted in the competence and propriety assessment process were incorrect, resulting in the approved Principal Party no longer meeting competence and propriety requirements; b. there is information obtained from other authorities resulting in the approved party no longer meeting competence and propriety requirements; and/or
c. the Financial Services Authority considers that the reasons for the non-realization of additional capital contributions by the PSP submitted by the PVML other than Microfinance Institutions, the Export Financing Institution, and PT Sarana Multi Infrastruktur (Persero) as referred to in item 3 are not acceptable for any reason.
19. The revocation of the results of the competence and propriety assessment by the Financial Services Authority as referred to in item 18 is conveyed through a revocation letter.
20. The Financial Services Authority's approval for prospective Principal Parties other than PSPs of PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) becomes invalid if within the time frame as referred to in item 15 there is no appointment for the prospective Principal Party who has been approved by the Financial Services Authority.
21. For prospective members of the Board of Directors, Board of Commissioners, Management, and/or Sharia Supervisory Board members who are not approved by the Financial Services Authority as referred to in letter A item 1 letter b but have already been appointed as members of the Board of Directors, Board of Commissioners, Management, or Sharia Supervisory Board members, the PVML other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) is required to convene a General Meeting of Shareholders (RUPS) to revoke the appointment of the concerned party within a time frame no later than 3 (three) months from the date the party's application is declared not approved.
22. PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) are required to report the convening of the RUPS to revoke the appointment of members of the Board of Directors, Board of Commissioners, Management, and/or Sharia Supervisory Board members as referred to in item 20 to the Financial Services Authority by referring to regulations governing the reporting of Principal Party changes applicable to PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero).
23. For members of the Board of Directors, Board of Commissioners, Management, and/or Sharia Supervisory Board members of PVMLs other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) who will transfer positions within the same company as referred to in Roman II item 4 letter b item 4) letter c) and are not approved by the Financial Services Authority as referred to in letter A item 1 letter b due to integrity requirements, the members of the Board of Directors, Board of Commissioners, Management, and/or Sharia Supervisory Board members of the PVML other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) concerned are required to be dismissed from their current positions no later than 3 (three) months from the date the members of the Board of Directors, Board of Commissioners, Management, and/or Sharia Supervisory Board members of the PVML other than the Export Financing Institution and PT Sarana Multi Infrastruktur (Persero) are declared not approved by the Financial Services Authority.
D. Mechanism for Re-submitting Competence and Propriety Assessment Applications
1. Prospective Principal Parties may be nominated again in the competence and propriety assessment process to the Financial Services Authority if they meet:
a. the prospective Principal Party's application is returned due to incomplete documents as referred to in Roman V letter A item 6; b. prospective members of the Board of Directors, Board of Commissioners, Management, Sharia Supervisory Board members, and/or Statutory Managers who are not approved by the Financial Services Authority as referred to in letter A item 1 letter b; and/or
c. prospective members of the Board of Directors, Executive Directors, and/or Statutory Managers who are not recommended by the Financial Services Authority as referred to in letter A item 2 letter b.
2. Prospective members of the Board of Directors, Board of Commissioners, Management, Sharia Supervisory Board members, Board of Directors, Executive Directors, and/or Statutory Managers as referred to in item 1 letter b and letter c may be submitted again to the Financial Services Authority no earlier than 6 (six) months from the date of being declared not approved and/or not recommended by the Financial Services Authority.
3. In the event that after the time frame as referred to in item 1 letter b and letter c, the prospective Principal Party who is not approved or not recommended by the Financial Services Authority turns out to:
a. still be included as a party prohibited from becoming a Principal Party, including still being listed in the Disqualified List (DTL); b. still be within the prohibition period due to having been declared bankrupt and/or having been a shareholder, controller of an insurance company, member of the Board of Directors, member of the Board of Commissioners, member of Management, or member of the Sharia Supervisory Board who was declared guilty causing a company to be declared bankrupt based on a court decision; or
c. still be within the prohibition period due to criminal offenses in the financial service sector, criminal offenses, and/or other criminal offenses with a penalty of imprisonment of 1 (one) year or more,
the prospective Principal Party concerned may only be re-submitted after the prohibition has ended.
4. Re-submission of prospective Principal Parties as referred to in item 1 caused by competence requirements accompanied by supporting documents proving that the prospective Principal Party being re-submitted has improved competence, for example, obtaining necessary competence certifications according to the job level in the industry targeted by the prospective Principal Party.
5. Re-submission of prospective Principal Parties due to competence requirements as referred to in item 4 may be submitted before 6 (six) months, namely no earlier than 1 (one) month after being declared not approved/not recommended if re-submitted for:
a. a different job field at the same level or a lower level position at the same PVML; b. a position at another PVML with a smaller size and lower complexity; and
c. a position at a financial service institution other than a PVML.
VIII. MECHANISM FOR IMPOSING ADMINISTRATIVE SANCTIONS
1. PVMLs that violate regulations as regulated in Article 31 of Financial Services Authority Regulation Number 27/POJK.03/2016 regarding Competence and Propriety Assessment for Principal Parties of Financial Service Institutions, are subject to administrative sanctions in the form of:
a. written warnings; b. restrictions on business activities for part or all business activities; and/or
c. revocation of business licenses.
2. Administrative sanctions as in item 1 letter b and letter c may be imposed with or without prior imposition of administrative sanctions in the form of written warnings as referred to in item 1 letter a.
3. In the event that violations of regulations as referred to in item 1 occur but the violations have been corrected, the Financial Services Authority provides written warning sanctions that end automatically.
4. In addition to sanctions as referred to in item 1, the Financial Services Authority may impose additional administrative sanctions in the form of:
a. reduction of health rating; b. revocation of competence and propriety assessment results;
c. order for management replacement;
d. inclusion of management in the list of parties prohibited from becoming Principal Parties; and/or e. revocation of approvals, registrations, and ratifications.
This copy is in accordance with the original
Director of Legal Development
Legal Department
Aat Windradi
IX. TRANSITIONAL PROVISIONS
1. Educational requirements for prospective Principal Parties who have submitted competence and propriety assessments before this Financial Services Authority Circular takes effect are carried out in accordance with the provisions in Financial Services Authority Circular Number 31/SEOJK.05/2016 regarding Competence and Propriety Assessment for Principal Parties of Non-Bank Financial Service Institutions.
2. Submission of application documents for competence and propriety assessments for prospective Principal Parties of Financing Companies and Technology-Based Joint Financing Service Providers whose headquarters are located outside the Jakarta metropolitan area to the Head of the local Financial Services Authority Office begins to take effect in accordance with notification letters from the Financial Services Authority.
X. CLOSING
1. At the time this Financial Services Authority Circular takes effect, Financial Services Authority Circular Number 31/SEOJK.05/2016 regarding Competence and Propriety Assessment for Principal Parties of Non-Bank Financial Service Institutions is revoked and declared invalid.
2. Provisions in this Financial Services Authority Circular take effect on the date of determination.
Determined in Jakarta on December 24, 2024
CHIEF EXECUTIVE OF THE SUPERVISOR OF FINANCING INSTITUTIONS, VENTURE CAPITAL COMPANIES, MICROFINANCE INSTITUTIONS, AND OTHER FINANCIAL SERVICE INSTITUTIONS OF THE FINANCIAL SERVICES AUTHORITY OF THE REPUBLIC OF INDONESIA, AGUSMAN
signed signed
APPENDIX I
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY OF THE REPUBLIC OF INDONESIA NUMBER 22/SEOJK.06/2024 CONCERNING ASSESSMENT OF COMPETENCE AND PROPRIETY FOR PRINCIPAL PARTIES OF FINANCING INSTITUTIONS, VENTURE CAPITAL COMPANIES, MICROFINANCE INSTITUTIONS, AND OTHER FINANCIAL SERVICE INSTITUTIONS
EXAMPLE FORMAT 1 APPLICATION LETTER TO OBTAIN APPROVAL TO BECOME A PRINCIPAL PARTY COMPANY LETTERHEAD Number: (date/month/year) Attachment:
Subject: Application to Obtain Approval to Become Principal Party PSP/President Director/Director/Independent Commissioner/Manager/Executive Director/Board of Directors/Statutory Manager*)
To:
Chief Executive of the Supervisor of Financing Institutions, Venture Capital Companies, Microfinance Institutions, and Other Financial Service Institutions Financial Services Authority u.p. Director of Licensing for Financing Institutions, Venture Capital Companies, Microfinance Institutions, and Other Financial Service Institutions Wisma Mulia 2, 15th Floor Jalan Jendral Gatot Subroto No. 42 South Jakarta, Jakarta 10110
Hereby we submit an application to obtain approval to become a Principal Party for:
To complete the aforementioned application, we enclose the administrative requirement documents in digital (softcopy) format as follows:
Along with this, we also submit the list of fulfillment of administrative requirements as referred to in Format 2 of Appendix I of this SEOJK to obtain approval to become a Principal Party.
We would like to inform that for reporting purposes, you may contact Mr./Ms. ... via email ... or phone number ...
This application is submitted, and we thank you for your attention, Sir/Madam*).
Owner/Founder/Board of Directors/Board of Commissioners/Other Party* PVML PT/Cooperative/Financing Institution
Export Indonesia*) ................
(clear name)
………………………………
(position)
*) strike out what is not necessary
) this requirement is submitted for the application of prospective PSP *) this requirement is submitted for the application of prospective PSP in the form of a legal entity ) this requirement is submitted for the application of prospective PSP as an individual
*) this requirement is submitted for the application of prospective members of the Board of Directors, members of the Board of Commissioners, members of the Management, members of the Sharia Supervisory Board, members of the Executive Director, members of the Board of Directors, and Statutory Managers. Other parties are the Minister in charge of finance, the Board of Directors, other parties designated by the General Meeting of Shareholders.
EXAMPLE FORMAT 2 LIST OF FULFILLMENT OF ADMINISTRATIVE REQUIREMENT DOCUMENTS A. LIST OF FULFILLMENT OF ADMINISTRATIVE REQUIREMENT DOCUMENTS FOR APPLICATION TO OBTAIN APPROVAL TO BECOME A PRINCIPAL PARTY FOR INDIVIDUAL PRINCIPAL PARTY (PSP) List of Fulfillment of Administrative Requirement Documents for Application to Obtain Approval to Become a Principal Party for Individual Principal Party (PSP) Company Name :
Company Type:
Application Letter Number : Filled in according to the number of the application cover letter Application Letter Date : Filled in according to the date of the application cover letter The company submits the following individual name to be proposed as a prospective Individual Principal Party (PSP):
No Candidate PSP Name Company Domicile Ownership Percentage Brief description of the background of the application to obtain approval to become a Principal Party :
Contact Person (Name, Phone Number, e-mail) :
No Description Document Details Substance Yes No
*) strike out what is not necessary
B. LIST OF FULFILLMENT OF ADMINISTRATIVE REQUIREMENT DOCUMENTS FOR APPLICATION TO OBTAIN APPROVAL TO BECOME A PRINCIPAL PARTY FOR LEGAL ENTITY PRINCIPAL PARTY (PSP) List of Fulfillment of Administrative Requirement Documents for Application to Obtain Approval to Become a Principal Party for Legal Entity Principal Party (PSP) Company Name :
Company Type :
Reporting Letter Number : Filled in according to the number of the application cover letter Reporting Letter Date : Filled in according to the date of the application cover letter The company submits the following legal entity to be proposed as a prospective Legal Entity Principal Party (PSP):
No Company Name Name of Company Representative Position of Principal Party Representative Domicile Ownership Percentage Brief description of the background of the application to obtain approval to become a Principal Party :
Contact Person (Name, Phone Number, e-mail)
:
No Description Document Details Substance Yes No
C. LIST OF FULFILLMENT OF ADMINISTRATIVE REQUIREMENT DOCUMENTS FOR APPLICATION TO OBTAIN APPROVAL TO BECOME A PRINCIPAL PARTY FOR MEMBERS OF THE BOARD OF DIRECTORS/MEMBERS OF THE BOARD OF COMMISSIONERS/MEMBERS OF THE MANAGEMENT/MEMBERS OF THE SHARIA SUPERVISORY BOARD/MEMBERS OF THE EXECUTIVE DIRECTOR/MEMBERS OF THE BOARD OF DIRECTORS/STATUTORY MANAGERS
List of Fulfillment of Administrative Requirement Documents for Application to Obtain Approval to Become a Principal Party for Members of the Board of Directors/Members of the Board of Commissioners/Members of the Management/Members of the Sharia Supervisory Board/Members of the Executive Director/Members of the Board of Directors/Statutory Managers Company Name :
Company Type :
Reporting Letter Number : Filled in according to the number of the application cover letter Reporting Letter Date : Filled in according to the date of the application cover letter The company submits the following individual names to be proposed as prospective Principal Parties of the company:
No Name Position
1 Filled in according to ID Card Filled in according to the position in the cover letter Brief description of the background of the application for nomination as Director/Board of Commissioners/Management/Sharia Supervisory Board/Executive Director/Board of Directors/Statutory Managers *) :
Filled with a brief description of the background of the application.
Reason for nomination :
Filled with a brief description of the reasons why the prospective principal party was appointed to the nominated position.
Name of the replaced official :
Reason for replacement of the previous position :
Filled with a brief description of the reasons why the previous official ceased to hold their position.
Term of Office :
Filled with the term of office for the prospective principal party. In the event that the prospective principal party has been appointed by the General Meeting of Shareholders, the number and date of the notarial deed and proof of acceptance and recording from the relevant agency regarding the notarial deed containing the appointment of the aforementioned principal party should be described. Contact Person (Name, Phone Number, e-mail) :
No Description Document Details Substance Yes No
EXAMPLE FORMAT 3 SELF-ASSESSMENT FOR MEMBERS OF THE BOARD OF DIRECTORS/MEMBERS OF THE BOARD OF COMMISSIONERS/MEMBERS OF THE MANAGEMENT/MEMBERS OF THE SHARIA SUPERVISORY BOARD/EXECUTIVE DIRECTOR/BOARD OF DIRECTORS/STATUTORY MANAGERS A. SELF-ASSESSMENT OF INTEGRITY REQUIREMENTS I INTEGRITY REQUIREMENTS YES NO DESCRIPTION A. Competent to perform legal acts as regulated in applicable laws and regulations B. Possessing good ethics and morals
1. Never committed criminal offenses in the financial services sector whose sentence has been fully served within the last 20 (twenty) years before nomination.
2. Never committed criminal offenses, namely offenses stipulated in the Criminal Code (KUHP) and/or similar foreign criminal codes with a prison sentence penalty of 1 (one) year or more whose sentence has been fully served within the last 10 (ten) years before nomination.
3. Never committed other criminal offenses with a prison sentence penalty of 1 (one) year or more, whose sentence has been fully served within the last 20 (twenty) years before nomination.
C. Committed to complying with laws and regulations and supporting Financial Services Authority policies
1. Never violated prudential principles in the financial services sector.
2. Never violated laws and regulations in the financial services sector.
D. Committed to the healthy development of PVML
1. Never violated commitments agreed upon with the supervising and supervisory agency of PVML.
2. Committed to not committing and/or repeating acts and/or actions that cause the individual to be listed as a party prohibited from being a Principal Party, for candidates who have previously been listed as parties prohibited from being Principal Parties.
I INTEGRITY REQUIREMENTS YES NO DESCRIPTION
3. Never committed acts that provide unfair benefits to shareholders, controlling parties of insurance companies, Principal Parties, employees, and/or other parties that can harm or reduce the rights of creditors, debtors, and/or other consumers.
4. Never committed acts that are not within their authority or beyond their authority.
5. Never declared incompetent to exercise their authority.
E. Committed to handling and resolving consumer complaints, specifically for members of the Board of Directors, members of the Board of Commissioners, members of the Management, members of the Sharia Supervisory Board, members of the Board of Directors, members of the Executive Director, and Statutory Managers who oversee consumer protection functions. F. Not included as a party prohibited from becoming a Principal Party
B. SELF-ASSESSMENT OF FINANCIAL REPUTATION REQUIREMENTS II FINANCIAL REPUTATION REQUIREMENTS YES NO DESCRIPTION
C. SELF-ASSESSMENT OF COMPETENCY REQUIREMENTS
Once Insufficient Fairly Good Very Good
A. Knowledge and strategic management ability
| Scale | Description |
|---|---|
| Not Enough | |
| Less | |
| Enough | |
| Good | |
| Very Good |
g. Basic knowledge related to leadership and conflict management, specifically for members of the Board of Commissioners, Sharia Supervisory Board, Board of Directors, and Statutory Managers.
h. Ability to evaluate company obligations.
| Scale | Description |
|---|---|
| Not Enough | |
| Less | |
| Enough | |
| Good | |
| Very Good |
a. Understanding of legislation in the financial services sector, prioritizing legislation in the relevant industry.
b. Basic understanding of other relevant legislation, including understanding of legislation in the field of limited liability companies, Financial Services Authority (OJK), bankruptcy, labor, consumer protection, and money laundering criminal offenses, along with implementing regulations.
| Scale | Description |
|---|---|
| Not Enough | |
| Less | |
| Enough | |
| Good | |
| Very Good |
a. Ability to formulate the vision and mission of the company to be led, specifically for members of the Board of Directors, Managers, Executive Directors, and Statutory Managers.
b. Ability to perform PVML situation analysis.
c. Ability to perform analysis of PVML internal condition developments.
d. Ability to set targets to be achieved related to the position held, specifically for members of the Board of Directors, Managers, Executive Directors, and Statutory Managers.
e. Ability to design short-term, medium-term, and long-term strategies to achieve company goals, specifically for members of the Board of Directors, Managers, Executive Directors, and Statutory Managers.
f. Ability to perform basic PVML situation analysis, specifically for the Board of Commissioners, Sharia Supervisory Board, Board of Directors, and Statutory Managers.
g. Ability to perform analysis of the company's financial health condition development, specifically for the Board of Commissioners, Sharia Supervisory Board, Board of Directors, and Statutory Managers.
h. Ability to perform analysis of human resources condition development, specifically for the Board of Commissioners, Sharia Supervisory Board, Board of Directors, and Statutory Managers.
i. Ability to perform analysis of information technology condition development, specifically for the Board of Commissioners, Sharia Supervisory Board, Board of Directors, and Statutory Managers.
j. Ability to perform analysis of policies of the Board of Directors, Managers, Executive Directors, and Statutory Managers, specifically for the Board of Commissioners, Sharia Supervisory Board, Board of Directors, and Statutory Managers.
| Competence Requirement | Rating Scale (No/Yes) | Description |
|---|---|---|
| B. Experience in PVML and/or other fields relevant to the position | No / Yes | Filled according to work experience history in the curriculum vitae.; ; Company Name: ...; Position: ...; Duration of Position: ...; ; Company Name: ...; Position: ...; Duration of Position: ... |
| C. Expertise in PVML and/or other fields relevant to the position at PVML | No / Yes | Filled with the latest formal education at least Bachelor's degree (S1) or equivalent and certifications relevant to the position at PVML. |
This Self-Assessment is made truthfully by the party having the remuneration and nomination function at PT/Koperasi/Lembaga Pembiayaan Ekspor Indonesia*) ….
(Place), (Date)
(Signature)
(Clear Name)
(Position)
A. LIST OF FORMS FOR INDIVIDUAL PSP
(Use separate answer sheets if the available pages are insufficient)
The undersigned hereby states that:
(City), ...........
(Signature above stamp duty is sufficient)
(Name/Position)
*) strike what is not needed
) The statement letter must be signed on Rp10,000 stamp duty according to Law Number 10 of 2020 concerning Stamp Duty.
B. LIST OF FORMS FOR CORPORATE PSP
(Use separate answer sheets if the available pages are insufficient)
The undersigned hereby states that:
(City), ..........................
(Signature above sufficient stamp duty)
Name & Position: _________________________________________________ Name of Company Represented: _________________________________ Legal basis for representation: ___________________________________
*) strike what is not needed
) The statement letter must be signed on Rp10,000 stamp duty according to Law Number 10 of 2020 concerning Stamp Duty.
A. STATEMENT LETTER FOR INDIVIDUAL/CORPORATE PSP
STATEMENT LETTER
(To be filled by the candidate for individual/corporate PSP)*
I, the undersigned:
Name : .....................................................................................
Address : .....................................................................................
Position : Individual PSP/Corporate PSP*)*
Hereby state that I:
Meet the integrity aspects, including:
a. Have the legal capacity to perform legal acts as regulated in the applicable legislation; b. Have never been sentenced for proven criminal offenses in the financial services sector, namely criminal offenses at financial service institutions whose sentences have been completed within the last 20 (twenty) years before nomination;
c. Have never been sentenced for proven felony offenses, namely criminal offenses listed in the Criminal Code (KUHP) and/or similar to the KUHP abroad with a prison sentence threat of 1 (one) year or more whose sentences have been completed within the last 10 (ten) years before nomination;
d. Have never been sentenced for proven other criminal offenses with a prison sentence threat of 1 (one) year or more, including but not limited to corruption, money laundering, narcotics/psychotropics, smuggling, customs, excise, human trafficking, illegal arms trafficking, terrorism, counterfeiting money, taxation, forestry, environment, and marine and fisheries, whose sentences have been completed within the last 20 (twenty) years before nomination; e. Have never violated prudential principles in the financial services sector; f. Have never violated legislation in the financial services sector; g. Have submitted the candidate PSP's plan for PVML operational development; h. Have never violated commitments agreed upon with the supervising and supervisory agencies of PVML;
i. Have a commitment not to commit and/or repeat acts and/or actions that cause the person to be listed in the list of prohibited parties as Principal Parties, for candidates who were previously listed in the list of prohibited parties as Principal Parties;
j. Have never committed acts that provide unfair benefits to shareholders, controlling parties of insurance companies, Principal Parties, employees, and/or other parties that can harm or reduce the rights of creditors, debtors, and/or other consumers; k. Have never committed acts not in accordance with their authority or outside their authority;
l. Have never been declared unable to exercise their authority;
m. Have a commitment in handling and resolving consumer complaints, specifically for members of the Board of Directors, members of the Board of Commissioners, members of Managers, members of the Sharia Supervisory Board, members of the Board of Directors, members of Executive Directors, and Statutory Managers who oversee the consumer protection function; and n. Are not included as parties prohibited from becoming Principal Party candidates;
Meet the financial feasibility aspects, including:
a. Have a financial reputation; b. Have financial capabilities that can support the business development of PVML; and
c. Have a commitment to take necessary measures if PVML faces financial difficulties;
Are not currently undergoing a competence and propriety assessment process at a financial service institution;
Are willing to accept the results of the competence and propriety assessment; and
Will not file claims or lawsuits in any form against the results of the competence and propriety assessment established by the Financial Services Authority.
This statement letter is made truthfully, and if it is later found that my statement is untrue, I am willing to be sued in court according to applicable law.
(Date/Month/Year)
(Signature above sufficient stamp duty)
(Full Name)
*) strike what is not needed
) The statement letter must be signed on Rp10,000 stamp duty according to Law Number 10 of 2020 concerning Stamp Duty.
B. DECLARATION LETTER FOR MEMBERS OF THE BOARD OF DIRECTORS/BOARD OF COMMISSIONERS/MANAGEMENT/SHARIA SUPERVISORY BOARD/EXECUTIVE DIRECTOR/BOARD OF DIRECTORS/STATUTORY MANAGER
DECLARATION LETTER
(to be filled out by candidates for members of the Board of Directors, members of the Board of Commissioners, members of Management, members of the Sharia Supervisory Board, members of the Executive Director, members of the Board of Directors, and Statutory Managers*)
I, the undersigned:
Name : .....................................................................................
Address : .....................................................................................
Position : As President Director/Director/Lead Commissioner/Commissioner/ Independent Commissioner/Manager/Sharia Supervisory Board/Executive Director/Board of Directors/Statutory Manager*) hereby declare that I:
This declaration letter is made truthfully, and if it is later found that my declaration is not true, I am willing to be sued in court according to applicable laws.
(date/month/year)
(signature above sufficient stamp duty)
(full name)
*) strike out what is not necessary (The position stated in the declaration letter must match the position stated in the application letter) ) The declaration letter should be signed on Rp10,000 stamp duty according to Law Number 10 of 2020 concerning Stamp Duty.
C. DECLARATION LETTER FOR INDEPENDENT COMMISSIONERS
DECLARATION LETTER
(to be filled out by candidates for Independent Commissioners)
I, the undersigned:
Name : .....................................................................................
Place, Date of Birth : .....................................................................................
Address : .....................................................................................
Position : Candidate Independent Commissioner of PT/Cooperative*) …………….. hereby declare that I:
This declaration letter is made truthfully, and if it is later found that my declaration is not true, I am willing to resign as Independent Commissioner of PT/Cooperative*) ...................................
(date/month/year)
(signature above sufficient stamp duty)
(full name)
*) strike out what is not necessary
) The declaration letter should be signed on Rp10,000 stamp duty according to Law Number 10 of 2020 concerning Stamp Duty.
EXAMPLE FORMAT 6 CURRICULUM VITAE
CURRICULUM VITAE
I. Personal Data
1. Name : Filled in according to ID Card
2. Gender : Filled in according to ID Card
3. Place/Date of Birth : Filled in according to ID Card
4. Citizenship :
5. Home Address : Filled in according to ID Card
6. Office Address :
7. ID Card/Passport Number : Filled in according to ID Card
8. Taxpayer Identification Number (NPWP) :
9. Recommendation from the Institution
Having Authority in
Determining Fatwas in the Sharia Field, for
Sharia Supervisory Board
: --
10 Office/Mobile Phone : Fill in the contact phone number of the candidate principal party 11 Email :
II. Formal Education History
No. Year Institution Major/Program
1. From...to... Accompanied by information on program equivalence (equivalent to S1/S2/S3)
in case formal education is obtained from Abroad
2. etc.
III. Training Attended (if any)
No. Year Organizer Topic and Brief Description
1. From...to...
2. etc.
IV. Work History)
No. Work History) Job Description
1. (Filled with information regarding the period
from start to end of tenure, name of agency/company, type of business activity, job title and level below the Board of Directors, from when the candidate principal party completed formal education until the submission of the competence and propriety assessment) Filled with a description of duties and responsibilities for each position From ….. to …… PT/Cooperative*) ….. Company operating in the field of ….. ……………………………
(Position) .....................
This is a …. level position below the Board of Directors
2. From ….. to ……
PT/Cooperative*) …..
Company operating in the field of …..
...................................
(Position) .....................
This is a …. level position below the Board of Directors
3. etc.
Color Photo
4x6 cm
This Curriculum Vitae is made truthfully.
(date/month/year)
(signature)
(full name)
*) strike out what is not necessary
) each work history must be accompanied by proof of work experience letters
EXAMPLE FORMAT 7 STATEMENT
STATEMENT a. Vision and Mission
Vision : …
Mission : … b. Targets (Short, Medium, and Long Term) relevant to the position sought
(date/month/year)
(signature)
(full name)
This copy is in accordance with the original
Director of Legal Development
Legal Department
Aat Windradi
Established in Jakarta on December 24, 2024
EXECUTIVE HEAD OF SUPERVISOR FOR
FINANCING INSTITUTIONS,
VENTURE CAPITAL COMPANIES,
MICROFINANCE INSTITUTIONS, AND
OTHER FINANCIAL SERVICE INSTITUTIONS
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA,
AGUSMAN signed signed
APPENDIX II
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY REPUBLIC OF INDONESIA NUMBER 22/SEOJK.06/2024 CONCERNING COMPETENCE AND PROPRIETY ASSESSMENT FOR PRINCIPAL PARTIES OF FINANCING INSTITUTIONS, VENTURE CAPITAL COMPANIES, MICROFINANCE INSTITUTIONS, AND OTHER FINANCIAL SERVICE INSTITUTIONS
TABLE OF CRITERIA FOR CANDIDATE MEMBERS OF THE BOARD OF DIRECTORS/BOARD OF COMMISSIONERS/MANAGEMENT/SHARIA SUPERVISORY BOARD/EXECUTIVE DIRECTOR/BOARD OF DIRECTORS/STATUTORY MANAGER REQUIRING CLARIFICATION PROCESS AT PVML
| Experience | Position Sought | |||||
|---|---|---|---|---|---|---|
| Commissioner | Lead Commissioner | Independent Commissioner | Director/Manager | President Director | DPS | |
| Commissioner | N | N1 | Y | |||
| Lead Commissioner | N | N1 | Y | |||
| Independent Commissioner | N | N1 | N1 | Y | ||
| Director | N | N | Y | N4 | N5 | Y |
| President Director | N | N | Y | N | N4 | Y |
| Manager | Y | |||||
| DPS | Y | N | ||||
| Official 1 level below the Board of Directors (executive official) with tenure above 3 (three) years | N2 | N2 | Y | N2 | Y | Y |
| Official at a ministry/state agency performing regulatory and/or supervisory functions | N | Y | ||||
| No experience | Y |
Notes:
Commissioner / Lead Commissioner / Independent Commissioner = Commissioner/Lead Commissioner/Independent Commissioner is a company organ tasked with conducting general and/or specific supervision in accordance with the Articles of Association and giving advice to the Board of Directors for PVML in the form of a limited liability company or equivalent to commissioner/lead commissioner/independent commissioner for PVML in the form of a cooperative body, Indonesia Export Financing Institution, or a limited partnership.
Director/President Director
= Director/President Director is a company organ authorized and fully responsible for managing PVML for the benefit of PVML, in accordance with the purpose and objectives of PVML and representing PVML, both in and out of court, in accordance with the Articles of Association for PVML in the form of a limited liability company or equivalent to director/president director for PVML in the form of a cooperative body, Indonesia Export Financing Institution, or a limited partnership.
Sharia Supervisory Board (DPS)
= Sharia Supervisory Board is a supervisor recommended by the National Sharia Council, Indonesian Ulema Council, placed at PVML or a Sharia unit, tasked with supervising business activities to ensure they are in accordance with Sharia principles.
Y = Clarification of the candidate Principal Party is required.
N = Clarification of the candidate Principal Party is not required.
N1 = Clarification of the candidate Principal Party is not required, except for commissioners, lead commissioners, or independent commissioners who will serve as commissioners, lead commissioners, or independent commissioners at a PVML with larger size and complexity. N2 = Clarification of the candidate Principal Party is not required, except for officials 1 level below the Board of Directors (executive officials) who will serve as commissioners, lead commissioners, or directors at a PVML with larger size and complexity.
This copy is in accordance with the original
Director of Legal Development
Legal Department
Aat Windradi
N3 = Clarification of the candidate Principal Party is not required, except for commissioners who will serve as lead commissioners at a different company from the previous one.
N4 = Clarification of the candidate Principal Party is not required, except for directors or president directors who will serve as directors or president directors at a PVML with larger size and complexity.
N5 = Clarification of the candidate Principal Party is not required, except for directors who will serve as president directors at a different company from the previous one.
Established in Jakarta on December 24, 2024
EXECUTIVE HEAD OF SUPERVISOR FOR
FINANCING INSTITUTIONS, VENTURE CAPITAL
COMPANIES, MICROFINANCE INSTITUTIONS,
AND OTHER FINANCIAL SERVICE INSTITUTIONS
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA,
AGUSMAN signed signed
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“The legal basis for this OJK Circular Letter (SEOJK) is: POJK No. 27/POJK.03/2016.”
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Source: Otoritas Jasa Keuangan (Financial Services Authority) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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