2020-04-21 | 4/SEOJK.05/2020Added
The Financial Services Authority mandates that guarantee institutions, including Sharia and reinsurance entities, submit business plans, realization reports, and supervision reports using specific formats and online systems. The regulations define the required scope of business plans, including executive summaries, financial projections, and strategic analyses, and establish procedures for submitting these documents and handling technical disruptions via offline channels. Compliance requires that all submissions be verified as accurate against hard copies and signed by the Board of Directors or Commissioners as applicable.
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COPY
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY NUMBER 4 /SEOJK.05/2020
CONCERNING
BUSINESS PLAN OF GUARANTEE INSTITUTIONS
In relation to Article 7 paragraph (3), Article 14 paragraph (5), Article 15 paragraph (5), and Article 19 of the Financial Services Authority Regulation Number 24/POJK.05/2019 concerning the Business Plan of Non-Bank Financial Service Institutions (State Gazette of the Republic of Indonesia Year 2019 Number 175, Additional State Gazette of the Republic of Indonesia Number 6392), it is necessary to regulate the scope of the business plan, the form and structure of the business plan realization report, the form and structure of the business plan supervision report, and the procedure for submitting the business plan, adjustment of the business plan, change of the business plan, business plan realization report, and business plan supervision report of guarantee institutions in the Financial Services Authority Circular Letter as follows:
I. GENERAL PROVISIONS
Guarantee Institution means a guarantee company, Sharia guarantee company, reinsurance company, and Sharia reinsurance company that carries out guarantee activities as referred to in Law Number 1 of 2016 concerning Guarantees.
Sharia Business Unit, hereinafter referred to as UUS, is a working unit of a guarantee company that functions as the head office of an office or unit that carries out guarantee business activities based on Sharia principles as referred to in Law Number 1 of 2016 concerning Guarantees.
Guarantee is the activity of providing a guarantee by the Guarantor for the fulfillment of the financial obligations of the Guaranteed to the Guarantee Recipient as referred to in Law Number 1 of 2016 concerning Guarantees.
Sharia Guarantee is the activity of providing a guarantee by the Guarantor for the fulfillment of the financial obligations of the Guaranteed to the Guarantee Recipient based on Sharia Principles.
Business Plan is a written document that describes the development plan and business activities of the Guarantee Institution over a certain period, as well as strategies to realize such plan according to the set targets and time.
Board of Directors means the Board of Directors as referred to in Law Number 40 of 2007 concerning Limited Liability Companies for Guarantee Institutions in the form of a limited liability company legal entity or equivalent to the Board of Directors for Guarantee Institutions in the form of a public company or cooperative legal entity.
Board of Commissioners means the Board of Commissioners as referred to in Law Number 40 of 2007 concerning Limited Liability Companies for Guarantee Institutions in the form of a limited liability company legal entity or equivalent to the Board of Commissioners for Guarantee Institutions in the form of a public company or cooperative legal entity.
Business Plan Realization Report is a report prepared by the Board of Directors regarding the realization of the Business Plan up to a certain period.
Business Plan Supervision Report is a report from the Board of Commissioners regarding the results of supervision concerning the implementation of the Business Plan up to a certain period.
II. SCOPE OF BUSINESS PLAN
The executive summary as referred to in item 1 letter a contains a brief explanation of the main points of the Business Plan presented concisely to allow for a comprehensive understanding of the Business Plan, which includes among others:
a. strategic plans and steps to be taken by the Guarantee Institution in the short term for a 1 (one) year period, medium term for a 3 (three) year period, and long term for a 5 (five) year period; b. key financial indicators; and
c. description of short-term targets for a 1 (one) year period.
The executive summary as referred to in item 2 is prepared according to Format 1 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The evaluation of the implementation of the previous period's Business Plan as referred to in item 1 letter b contains an explanation regarding:
a. main points of the realization of the previous period's Business Plan; b. obstacles and problems faced; and
c. measures taken to overcome such obstacles and problems.
The evaluation of the implementation of the previous period's Business Plan as referred to in item 4 is prepared according to Format 2 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The vision, mission, and business strategy as referred to in item 1 letter c contains an explanation regarding:
a. vision which is the goal the Guarantee Institution wants to achieve in the long term; b. mission which is the method used in the short or medium term to achieve the goal;
c. business strategy which is the strategy and policy direction of the Guarantee Institution in facing business competition and social dynamics in the future, which must at least contain:
In preparing the analysis of the position of the Guarantee Institution in facing business competition as referred to in item 6 letter c item 1), the Guarantee Institution may use strength, weakness, opportunity, and threat (SWOT) analysis.
The vision, mission, and business strategy as referred to in item 6 is prepared according to Format 3 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The business activity plan as referred to in item 1 letter d item 1) contains an explanation regarding the business activity plan which must at least contain:
a. plans for productive Guarantee or Sharia Guarantee business; and b. plans for non-productive Guarantee or Sharia Guarantee business.
c. other business activity plans after obtaining approval from the Financial Services Authority.
Productive Guarantee or Sharia Guarantee business as referred to in item 9 letter a consists of:
a. credit guarantee; and b. other productive guarantees.
The business activity plan as referred to in item 9 is prepared according to Format 4 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The plan for development or expansion of business activities as referred to in item 1 letter d item 2) must at least include:
a. plans for implementing new business activities to be marketed and which must be reported to the Financial Services Authority; and b. plans for implementing other business activities based on approval from the Financial Services Authority.
The plan for development or expansion of business activities as referred to in item 12 is prepared according to Format 5 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The investment plan as referred to in item 1 letter d item 3) must at least contain information regarding the composition of investments.
The investment plan as referred to in item 14 is prepared according to Format 6 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The capital plan as referred to in item 1 letter d item 4) must at least contain:
a. capital projections; and b. plans for capital changes.
The capital plan as referred to in item 16 is prepared according to Format 7 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The plan for development and/or changes in office networks as referred to in item 1 letter d item 5) must at least contain:
a. plans for opening branch offices and/or UUS branch offices; b. plans for changing the address of the head office, branch offices, and/or UUS branch offices; and
c. plans for closing branch offices and/or UUS branch offices.
The plan for development and/or changes in office networks as referred to in item 18 is prepared according to Format 8 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The plan for organizational, human resource, and/or information technology development as referred to in item 1 letter d item 6) must at least include:
a. organizational development plans, including:
The plan for organizational, human resource, and/or information technology development as referred to in item 20 is prepared according to Format 9 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The plan for activities to increase financial literacy and inclusion as referred to in item 1 letter d item 7) is prepared according to the format regulated in the Financial Services Authority Circular Letter concerning the implementation of activities to increase financial literacy in the financial service sector and the Financial Services Authority Circular Letter concerning the implementation of activities to increase financial inclusion in the financial service sector.
The projected financial statements along with the assumptions used as referred to in item 1 letter e must at least contain:
a. assumptions used in preparing the projected financial statements, including:
The projected financial statements along with the assumptions used as referred to in item 23 are prepared according to Format 10 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The projected ratios and specific items as referred to in item 1 letter f are prepared according to Format 11 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The Business Plan containing:
a. key financial indicators in the executive summary as referred to in item 2 letter b; b. business activity plans as referred to in item 9;
c. investment plans as referred to in item 14;
d. capital plans as referred to in item 16; e. projected financial statements along with the assumptions used as referred to in item 23; and f. projected ratios and specific items as referred to in item 25; is presented:
a. for actual positions at the end of September of the year the Business Plan is prepared; b. for projections at the end of December of the year the Business Plan is prepared;
c. for projections for the next 1 (one) year presented semi-annually; and
d. in Indonesian Rupiah.
Other information as referred to in item 1 letter g contains information that needs to be submitted because it affects the business activities of the Guarantee Institution, but is not included in the scope of the Business Plan as referred to in item 1 letters a through f, at least including:
a. plans for merger, consolidation, and/or separation; b. plans to cease business activities so as no longer to be a Guarantee Institution;
c. plans to issue mandatory convertible bonds;
d. plans to convert a guarantee company into a Sharia guarantee company or a reinsurance company into a Sharia reinsurance company; and/or e. plans for the formation, closure, or separation of UUS.
The plan for merger, consolidation, and/or separation as referred to in item 27 letter a is prepared according to Format 12 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The plan to cease business activities so as no longer to be a Guarantee Institution as referred to in item 27 letter b is prepared according to Format 13 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The plan to issue mandatory convertible bonds as referred to in item 27 letter c is prepared according to Format 14 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The plan to convert a guarantee company into a Sharia guarantee company or a reinsurance company into a Sharia reinsurance company as referred to in item 27 letter d is prepared according to Format 15 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The plan for the formation, closure, or separation of UUS as referred to in item 27 letter e is prepared according to Format 16 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The description of the scope of the Business Plan including:
a. business activity plans as referred to in item 1 letter d item 1); b. plans for development or expansion of business activities as referred to in item 1 letter d item 2);
c. investment plans as referred to in item 1 letter d item 3);
d. capital plans as referred to in item 1 letter d item 4); e. plans for development and/or changes in office networks or distribution channels as referred to in item 1 letter d item 5); f. plans for organizational, human resource, and/or information technology development as referred to in item 1 letter d item 6); g. plans for merger, consolidation, and/or separation as referred to in item 27 letter a; h. plans to cease business activities so as no longer to be a Guarantee Institution as referred to in item 27 letter b;
i. plans to issue mandatory convertible bonds as referred to in item 27 letter c;
j. plans to convert a guarantee company into a Sharia guarantee company or a reinsurance company into a Sharia reinsurance company as referred to in item 27 letter d; and k. plans for the formation, closure, or separation of UUS as referred to in item 27 letter e, also contains a description regarding:
a. reasons or considerations used in preparing the aforementioned plans; and b. strategies of the Guarantee Institution to realize the aforementioned plans.
In the event there is other information that needs to be submitted by the Guarantee Institution in the Business Plan, but its format is not regulated in this Financial Services Authority Circular Letter, the format for submitting such information is prepared based on the needs of the Guarantee Institution.
III. FORM AND STRUCTURE OF BUSINESS PLAN REALIZATION REPORT AND BUSINESS PLAN SUPERVISION REPORT
The Business Plan Realization Report includes:
a. explanation regarding the achievement of the Business Plan, namely the comparison between the plan and the realization of the Business Plan; b. explanation regarding deviations in the realization of the Business Plan, namely an explanation regarding the causes and obstacles of deviations between the plan and the realization of the Business Plan;
c. follow-up actions on the achievement of the Business Plan, namely follow-up efforts that have been and will be taken to improve the realization achievement of the Business Plan;
d. financial ratios and specific items; and e. other information, which among others contains information that needs to be submitted because it affects the realization of the Business Plan, but has not yet been included in the scope of the Business Plan Realization Report as referred to in letters a through d.
For guarantee companies that have a UUS, the Business Plan Realization Report must also contain a special realization report for the UUS which is an integral part of the Business Plan Realization Report.
The Business Plan Realization Report must be signed by members of the Board of Directors.
The Business Plan Realization Report is prepared according to Format 17 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The Business Plan Supervision Report must at least contain the Board of Commissioners' assessment regarding:
a. the realization of the Business Plan both quantitatively and qualitatively; b. factors affecting the performance of the Guarantee Institution; and
c. efforts to improve the performance of the Guarantee Institution.
For guarantee companies that have a UUS, the Business Plan Supervision Report must also contain a special supervision report for the UUS which is an integral part of the Business Plan Supervision Report.
The Business Plan Supervision Report must be signed by members of the Board of Commissioners.
The Business Plan Supervision Report is prepared according to Format 18 as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
IV. PROCEDURE FOR SUBMITTING BUSINESS PLAN, ADJUSTMENT OF BUSINESS PLAN, CHANGE OF BUSINESS PLAN, BUSINESS PLAN REALIZATION REPORT, AND BUSINESS PLAN SUPERVISION REPORT
Guarantee Institutions must submit the Business Plan, adjustment of the Business Plan, change of the Business Plan, Business Plan Realization Report, and Business Plan Supervision Report to the Financial Services Authority online through the Financial Services Authority's data communication network system.
Guarantee Institutions are required to ensure that the Business Plan submitted online as referred to in item 1 is correct and identical to the hardcopy of the Business Plan.
In the event the Financial Services Authority's data communication network system as referred to in item 1 is not yet available or experiences technical difficulties, the submission of the Business Plan, adjustment of the Business Plan, change of the Business Plan, Business Plan Realization Report, and Business Plan Supervision Report is submitted to the Financial Services Authority offline by:
a. being handed over directly; or b. being sent through a courier service company.
In the event of technical difficulties as referred to in item 3, the Financial Services Authority announces this through the Financial Services Authority website.
The submission of reports offline as referred to in item 3 must be submitted in electronic data (softcopy) form using storage media in the form of a compact disc (CD) or other electronic data storage media.
The submission of reports as referred to in item 5 must be accompanied by a cover letter in hardcopy form signed by members of the Board of Directors.
The submission of the cover letter and the Business Plan, adjustment of the Business Plan, change of the Business Plan, Business Plan Realization Report, and Business Plan Supervision Report offline as referred to in item 3 is addressed to:
a. for guarantee companies and reinsurance companies:
Executive Head of Insurance, Pension Fund, Financing Institutions, and Other Financial Service Institutions Supervision Financial Services Authority attn. Director of Special Financial Institution Supervision Wisma Mulia 2 Building, 15th Floor Jalan Jenderal Gatot Subroto Kav. 40 Jakarta 12710; or b. for Sharia guarantee companies and guarantee companies that have a UUS:
Executive Head of Insurance, Pension Fund, Financing Institutions, and Other Financial Service Institutions Supervision Financial Services Authority attn. Sharia IKNB Director Wisma Mulia 2 Building, 15th Floor Jalan Jenderal Gatot Subroto Kav. 40 Jakarta 12710.
In the event there is a change of address of the Financial Services Authority Office for the submission of reports as referred to in item 7, the Financial Services Authority will convey notification regarding the address change via letter or announcement.
Guarantee Institutions are deemed to have submitted the Business Plan, adjustment of the Business Plan, change of the Business Plan, Business Plan Realization Report, and Business Plan Supervision Report with the following provisions:
a. for online submission through the Financial Services Authority's data communication network system, proven by a receipt from the Financial Services Authority's data communication network system; or b. for offline submission, proven by a receipt from the Financial Services Authority.
This copy is consistent with the original
Deputy Director of Legal Consultation and Banking Regulation Harmonization 1 Legal Directorate 1 Legal Department signed Wiwit Puspasari
V. CLOSING
The provisions in this Circular Letter of the Financial Services Authority shall take effect as of the date of establishment. Established in Jakarta on April 21, 2020 EXECUTIVE HEAD OF INSURANCE, PENSION FUND, LENDING INSTITUTION, AND OTHER FINANCIAL SERVICE INSTITUTIONS SUPERVISOR FINANCIAL SERVICES AUTHORITY, signed RISWINANDI
APPENDIX
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY NUMBER 4 /SEOJK.05/2020 CONCERNING BUSINESS PLAN OF GUARANTEE INSTITUTIONS
TABLE OF CONTENTS
FORMAT OF THE BUSINESS PLAN OF GUARANTEE INSTITUTIONS Format 1 : Executive Summary 2 Format 2 : Evaluation of the Implementation of the Previous Business Plan Period Format 3 : Vision, Mission, and Business Strategy 6 Format 4 : Business Activity Plan 7 Format 5 : Plan for Development or Expansion of Business Activities 13 Format 6 : Investment Plan 15 Format 7 : Capital Plan 16 Format 8 : Plan for Development and/or Change of Office Network or Distribution Channels Format 9 : Plan for Organizational Development, Human Resources, and/or Information Technology Format 10 : Financial Statement Projections Along with Assumptions Used Format 11 : Projection of Ratios and Specific Items 30 Format 12 : Plan for Merger, Consolidation, and/or Separation 31 Format 13 : Plan for Cessation of Business Activities So as No Longer to Be a Guarantee Institution Format 14 : Plan for Issuance of Mandatory Convertible Bonds Format 15 : Plan for Conversion of Guarantee Companies into Sharia Guarantee Companies or Reinsurance Companies into Sharia Reinsurance Companies Format 16 : Plan for Establishment, Closure, or Separation of UUS Format 17 : Business Plan Realization Report 38 Format 18 : Business Plan Supervision Report 40
Format 1 : Executive Summary
Format 2 : Evaluation of the Implementation of the Previous Business Plan Period (to be filled with an explanation regarding the main points of the realization of the previous business plan period, obstacles and problems faced, and measures taken to overcome such obstacles and problems)
Format 3 : Vision, Mission, and Business Strategy
Format 4 : Business Activity Plan
Reasons/Considerations and Strategy
a. Reasons/Considerations
(to be filled with reasons/considerations in compiling the Guarantee or Sharia Guarantee plan based on business size, government assignment, and non-government assignment) b. Strategy (to be filled with strategies to realize the Guarantee or Sharia Guarantee plan)
Non-productive Guarantee or Sharia Guarantee Business Plan
a. Table of non-productive credit guarantee plan (in Rupiah) Lender Institution Performance Sept X-1 1) Projection Dec X-1 June X Dec X
Bank
Non-bank
Others
Total b. Table of non-productive credit guarantee plan (number of guaranteed persons) Lender Institution Performance Sept X-1 Projection Dec X-1 June X Dec X
Bank
Non-bank
Others
Total
Notes:
X-1 is the year of report preparation.
X is the year of the business plan position.
Format 5 : Plan for Development or Expansion of Business Activities
Format 6 : Investment Plan
Format 7 : Capital Plan
b. Reasons/considerations
(to be filled with reasons/considerations in compiling the capital change plan)
c. Strategy
(to be filled with strategies to realize the capital change plan)
Format 8 : Plan for Development and/or Change of Office Network or Distribution Channels
Reasons/considerations
(to be filled with reasons/considerations in compiling the plan for development and/or change of office network or distribution channels)
Strategy
(to be filled with strategies to realize the plan for development and/or change of office network or distribution channels)
Format 9 : Plan for Organizational Development, Human Resources, and/or Information Technology
Organizational Development Plan
a. Description regarding the organizational development plan (to be filled with an explanation regarding the organizational development plan, including plans for the formation of work units/divisions, plans for changing work units/divisions, and plans for the formation of committees, adjusted to the size and complexity of the Guarantee Institution's business) b. Reasons/considerations (to be filled with reasons/considerations in compiling the organizational development plan)
c. Strategy
(to be filled with strategies to realize the organizational development plan)
Human Resources Development Plan
Plan for Human Resources Fulfillment
a. Description regarding the human resources fulfillment plan (to be filled with an explanation regarding the plan for recruitment, appointment, and dismissal of employees, use of consultants or advisors, and use of contract labor of the Guarantee Institution) b. Reasons/considerations (to be filled with reasons/considerations in compiling the human resources fulfillment plan)
c. Strategy
(to be filled with strategies to realize the human resources fulfillment plan)
Plan for Human Resources Education and Training
a. Table of plan for education and training needs and education/training costs/budget for human resources No. Training Material 1) Estimated Time of Training 2) Place Cost of Training Notes:
e.g.: risk management, marketing, etc.
filled with the month of training implementation, e.g., March 2019
b. Reasons/considerations
(to be filled with reasons/considerations in compiling the human resources education and training plan)
c. Strategy
(to be filled with strategies to realize the human resources education and training plan)
Plan for Utilization of Outsourced Labor
a. Table of plan for utilization of outsourced labor No. Field Task Reason for Utilization of Outsourced Labor Number of Outsourced Labor Name of Outsourced Labor Service Provider Contract Period with Outsourced Labor Service Provider 1. 2. etc. b. Reasons/considerations (to be filled with reasons/considerations in compiling the plan for utilization of outsourced labor)
c. Strategy
(to be filled with strategies to realize the plan for utilization of outsourced labor)
Format 10 : Financial Statement Projections Along with Assumptions Used
Format 11 : Projection of Ratios and Specific Items
Ratios and Specific Items 1)
Performance
Sept X-1
Projection
Dec X-1
June X
Dec X
Format 12 : Plan for Merger, Consolidation, and/or Separation
b. Reasons/considerations
(to be filled with reasons and considerations for the consolidation)
c. Strategy
(to be filled with consolidation strategy)
3. Separation Plan
a. Description regarding the separation plan
Guarantee Institution separating from:
Format 13 : Plan for Cessation of Business Activities So as No Longer to Be a Guarantee Institution
Format 14 : Plan for Issuance of Mandatory Convertible Bonds
Format 15: Plan for Converting a Guarantee Company into a Sharia Guarantee Company or a Reinsurance Company into a Sharia Reinsurance Company
Information regarding the conversion plan:
Guarantee Institution to undergo conversion: ...
Guarantee Institution resulting from conversion: ...
Reasons/Considerations
(to be filled with reasons/considerations for conversion)
Strategy
(to be filled with conversion strategy)
Format 16: Plan for Formation, Closure, or Separation of Sharia Business Units (UUS)
Plan for UUS Formation
a. Information regarding the formation plan:
UUS resulting from formation: ......
b. Reasons/Considerations
(to be filled with reasons and considerations for UUS formation)
c. Strategy
(to be filled with formation strategy for UUS)
Plan for UUS Closure
a. Information regarding the closure plan:
UUS to be closed: ......
b. Reasons/Considerations
(to be filled with reasons and considerations for UUS closure)
c. Strategy
(to be filled with closure strategy for UUS)
Plan for UUS Separation
a. Information regarding the separation plan:
UUS separating itself: ......
Sharia Guarantee Institution resulting from separation:
Format 17: Business Plan Realization Report
a. Filled with explanations regarding the achievement of the Business Plan, including the achievement of the Business Plan and the comparison of plans and realizations, which must at least include:
Approved by:
Board of Directors: (signature and full name)
Board of Directors: (signature and full name) etc... etc...
This copy is consistent with the original
Deputy Director of Legal Consultation and Harmonization of Banking Regulations 1 Legal Directorate 1 Legal Department signature Wiwit Puspasari
Format 18: Business Plan Supervision Report
(to be filled with the Board of Commissioners' assessment of the implementation of the Business Plan in the form of quantitative and qualitative assessments of Business Plan realization, including assessments of good corporate governance factors, risk profiles, profitability, and capitalization, as well as efforts to improve the performance of the Guarantee Institution, if according to their assessment there is a decline in the performance of the Guarantee Institution)
Approved by:
Board of Commissioners: (signature and full name) Board of Commissioners: (signature and full name) etc... etc...
Established in Jakarta on April 21, 2020
EXECUTIVE HEAD OF INSURANCE, PENSION FUND,
FINANCING INSTITUTION, AND
OTHER FINANCIAL SERVICE INSTITUTIONS SUPERVISOR FINANCIAL SERVICES AUTHORITY, signature RISWINANDI
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