2017-06-22 | 22/POJK.04/2017Added · Updated
This regulation mandates the electronic reporting of securities transactions to the Designated Reporting Agency (PLTE) to enhance market integrity and supervision. It defines reportable securities, including debt instruments, sukuk, and government bonds, and specifies transaction types such as sales, repurchase agreements, and conversions. Participants must submit transaction data within strict timeframes, ranging from immediate reporting for exchange transactions to a maximum 30-minute delay for off-exchange trades, with specific provisions for correcting or canceling reports. The Financial Services Authority (OJK) enforces compliance through administrative sanctions, including fines of up to IDR 100,000,000 per report for late submissions, and mandates the public availability of certain transaction data.
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COPY
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
FINANCIAL SERVICES AUTHORITY REGULATION
NUMBER 22/POJK.04/2017
ON
SECURITIES TRANSACTION REPORTING
BY THE GRACE OF THE ALMIGHTY GOD
THE BOARD OF COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY, Considering: that to increase market integrity, improve the quality of price formation in the market, and strengthen the supervision of transactions over debt securities and sukuk, it is necessary to establish a Financial Services Authority Regulation on Securities Transaction Reporting; Recalling: 1. Law Number 8 of 1995 concerning Capital Markets (State Gazette of the Republic of Indonesia Year 1995 Number 64, Supplement to the State Gazette of the Republic of Indonesia Number 3608);
2. Law Number 24 of 2002 concerning Government Bonds (State Gazette of the Republic of Indonesia Year 2002 Number 110, Supplement to the State Gazette of the Republic of Indonesia Number 4236);
3. Law Number 19 of 2008 concerning Sharia State Securities (State Gazette of the Republic of Indonesia Year 2008 Number 70, Supplement to the State Gazette of the Republic of Indonesia Number 4852);
4. Law Number 21 of 2011 concerning the Financial Services Authority (State Gazette of the Republic of Indonesia Year 2011 Number 111, Supplement to the State Gazette of the Republic of Indonesia Number 5253);
DECIDING:
Establishing: FINANCIAL SERVICES AUTHORITY REGULATION ON SECURITIES TRANSACTION REPORTING.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation:
Article 2
Any Party may conduct Securities Transactions in the secondary market, either on the Stock Exchange or outside the Stock Exchange.
CHAPTER II
SECURITIES TRANSACTION REPORTING
First Section
Securities Transactions Required to be Reported
Article 3
(1) Securities Transactions required to be reported under this Financial Services Authority Regulation are transactions over:
a. debt-type Securities and Sukuk that have been sold through a public offering; b. convertible bonds issued for capital increases with or without Pre-emptive Rights;
c. State Securities; and
d. other Securities determined by the Financial Services Authority to be reported.
(2) The reporting obligation for Securities Transactions as referred to in paragraph (1) applies only to Securities that can be traded in the secondary market.
Article 4
Securities Transactions required to be reported under this Financial Services Authority Regulation include the following types of transactions:
a. outright sale; b. gift or testamentary gift;
c. prize, donation, gratuity, and similar items;
d. inheritance; e. exchange; f. transfer due to court decision; g. transfer due to merger, consolidation, takeover, or separation; h. lending and borrowing;
i. Repurchase Agreement Transaction;
j. book transfer of Securities conducted by Parties with the same identity; k. repurchase;
l. transfer of Securities in the context of creation and repurchase (repayment) of investment fund units traded on the Stock Exchange;
m. conversion into other Securities; n. underwriting of Securities other than in the context of underwriting the settlement of Exchange Transactions placed with the Clearing and Guaranteeing Agency; and o. other transaction types determined by the Financial Services Authority.
Second Section
Mechanism for Reporting Securities Transactions
Article 5
Reports on Securities Transactions must be submitted electronically using the systems and/or facilities provided by the PLTE.
Article 6
Items required to be reported in the systems and/or facilities as referred to in Article 5 include:
a. name and series of Securities; b. unique investor identification number and name of the selling party/initial owner/receiving account owner;
c. unique investor identification number and name of the buying party/final owner/receiving account owner;
d. type of Securities account (own account or client account); e. transaction price; f. yield; g. transaction volume; h. transaction value;
i. transaction time (date, hour, and minute);
j. reporting time or time of instruction to the Participant; k. transaction type;
l. transaction settlement date;
m. ownership status; n. name of selling Custodian and buying Custodian; o. name of Securities Trading Intermediary (if any); p. Participant identity; q. Taxpayer Identification Number (if any); r. price level and duration of transaction, specifically for lending and borrowing transactions; and s. type of Repurchase Agreement Transaction, contract date, contract currency, price level, transaction duration, initial margin or haircut of Securities, and status as principal/agent, specifically for Repurchase Agreement Transactions.
Article 7
Any Party conducting Securities Transactions as referred to in Article 4 must submit a report on each Securities Transaction conducted to the Financial Services Authority through the PLTE, with the following provisions:
a. in the event that a Securities Transaction is conducted on the Stock Exchange, the reporting of such Securities Transaction is conducted by:
Article 8
(1) The submission time for reports on Securities Transactions must meet the following provisions:
a. in the event that reporting of Securities Transactions is conducted through the Stock Exchange and/or other market organizers and Participants as referred to in Article 7 letters a and b, reporting of Securities Transactions is conducted as follows:
Article 9
The reporting deadline for Securities Transactions is established by the PLTE with the following provisions:
a. in the event that a Securities Transaction occurs, is reported, or settlement is instructed to the Participant before the reporting time, the reporting deadline as referred to in Article 8 paragraph (1) letter b is calculated from the time reporting opens on the same day the Securities Transaction occurs or the Securities Transaction is reported to the Participant; b. in the event that a Securities Transaction occurs, is reported, or settlement is instructed to the Participant less than 30 (thirty) minutes before the closing of the reporting time, the reporting deadline as referred to in Article 8 paragraph (1) letter b is calculated from the time the Securities Transaction occurs, is reported, or settlement is instructed to the Participant at the reporting time of the same day plus the remaining reporting time at the reporting time of the next day; and
c. in the event that a Securities Transaction occurs, is reported, or settlement is instructed to the Participant after the reporting time, the reporting deadline as referred to in Article 8 paragraph (1) letter b is calculated from the time reporting opens on the next working day since the Securities Transaction occurs or the Securities Transaction is reported to the Participant.
Article 10
The submission of reports on Securities Transactions as referred to in Article 5 is not subject to fees.
Third Section
Correction or Cancellation of Securities Transaction Reports
Article 11
A Participant may correct a Securities Transaction report before or after the settlement execution, in the event of errors in the reporting data of the Securities Transaction, changes in the reported Securities Transaction data, or the occurrence of certain conditions.
Article 12
A Participant may cancel a Securities Transaction report before the settlement execution, in the event of errors in the reporting data of the Securities Transaction, changes in the reported Securities Transaction data, or the occurrence of certain conditions.
Article 13
(1) Correction or cancellation of Securities Transaction reports is subject to fees.
(2) The mechanism and fees for correction or cancellation of Securities Transaction reports are regulated by the PLTE.
Fourth Section
Obligations of PLTE and Participants
Article 14
(1) The PLTE must provide proof of the Securities Transaction report to the Participant as soon as possible after the report is received by the PLTE.
(2) The Participant must provide proof of the Securities Transaction report to the reporting Party as soon as possible after the Participant receives the proof of the Securities Transaction report from the PLTE.
Article 15
(1) The PLTE must provide transaction data accessible to the public immediately after the transaction is reported without charging fees.
(2) Transaction data required to be available to the public must contain at least the following information:
a. name and series of Securities; b. transaction price;
c. yield;
d. transaction volume; e. transaction value; f. transaction type; g. transaction settlement date; and h. price level and duration of transaction, specifically for Repurchase Agreement Transactions and lending and borrowing. (3) Transaction data as referred to in Article 8 paragraph (1) letter d is excluded from the transaction data required to be available and accessible to the public as referred to in paragraph (1) and paragraph (2).
Article 16
(1) The PLTE may provide additional services with or without charging fees.
(2) In the event that the PLTE provides additional services as referred to in paragraph (1), such additional services must first obtain approval from the Financial Services Authority.
Article 17
In carrying out its duties and functions, the PLTE must meet the following provisions:
a. establish the registration procedure for Participants, reporting procedures and schedules, reporting hours, fees charged to Participants, sanctions related to system usage, and provide an electronic reporting system accessible to Participants, having first obtained approval from the Financial Services Authority; b. provide an information technology system to the Financial Services Authority enabling the Financial Services Authority to supervise Securities Transaction reporting at all times;
c. ensure the confidentiality of Securities Transaction data reported by Participants to the PLTE, except for data required to be provided to the public as referred to in Article 15; and
d. apply reporting procedures for Securities Transactions in certain conditions in accordance with a business continuity plan that has obtained approval from the Financial Services Authority.
Article 18
Participants must include in contracts between Participants and their clients regarding the client's obligation to submit reports on Securities Transactions outside the Stock Exchange after the transaction occurs.
CHAPTER III
SUPERVISION OF SECURITIES TRANSACTIONS
Article 19
For the implementation of supervision conducted by the Financial Services Authority over Securities Transactions, the Securities Depository and Clearing Agency must:
a. submit each settlement data of Securities Transactions to the Financial Services Authority through the PLTE using an electronic reporting system; and b. require Custodians to include the reporting reference number generated by the PLTE, name and series of Securities, transaction price, and transaction volume in the settlement instructions submitted to the Securities Depository and Clearing Agency.
Article 20
For the supervision of reporting transactions of State Securities, the Financial Services Authority may request Bank Indonesia as the central registry to:
a. submit each settlement data of State Securities transactions to the Financial Services Authority through the PLTE using an electronic reporting system; and b. require sub-registry, banks, and other Parties that are members of the central registry to include the reporting reference number generated by the PLTE, name and series of Securities, transaction price, and transaction volume in the settlement instructions submitted to the central registry.
Article 21
The use of the reporting reference number generated by the PLTE, name and series of Securities, transaction price, and transaction volume as referred to in Article 19 and Article 20, as well as other information related to the settlement of Securities Transactions, is regulated by the PLTE.
CHAPTER IV
SANCTION PROVISIONS
Article 22
(1) Without prejudice to criminal provisions in the capital market, the Financial Services Authority has the authority to impose administrative sanctions on any Party violating the provisions of this Financial Services Authority Regulation, including parties causing the violation, in the form of:
a. written warning; b. fine, namely the obligation to pay a certain amount of money;
c. restriction of business activities;
d. suspension of business activities; e. revocation of business license; f. cancellation of approval; and/or g. cancellation of registration.
(2) Administrative sanctions as referred to in paragraph (1) letters b, c, d, e, f, or g may be imposed with or without prior imposition of an administrative sanction in the form of a written warning as referred to in paragraph (1) letter a. (3) Administrative sanctions in the form of a fine as referred to in paragraph (1) letter b may be imposed independently or together with the imposition of administrative sanctions as referred to in paragraph (1) letters c, d, e, f, or g.
Article 23
In addition to administrative sanctions as referred to in Article 22 paragraph (1), the Financial Services Authority may take certain actions against any Party violating the provisions of this Financial Services Authority Regulation.
Article 24
(1) In the event that a Participant is late or fails to submit reports as referred to in Article 8, the Participant may be subject to administrative sanctions in the form of a fine based on the accumulated delay time for all transactions conducted in 1 (one) month. (2) Fine sanctions as referred to in paragraph (1) are imposed on:
a. late reporting of Securities Transactions caused by the selling Participant or buying Participant; b. late completion of the Custodian name information by the selling Participant or buying Participant; and/or
c. late completion of other information not reported through the Stock Exchange or other market organizers.
(3) The amount of fine sanctions as referred to in paragraph (2) is IDR 10,000.00 (ten thousand Rupiah) for each hour of reporting delay per report or at most IDR 100,000.00 (one hundred thousand Rupiah) per day per report, with the provision that the total fine amount is at most IDR 100,000,000.00 (one hundred million Rupiah) per report. (4) The imposition of fines may be excluded in certain conditions or other matters determined by the Financial Services Authority.
CHAPTER V
TRANSITIONAL PROVISIONS
Article 25
The PLTE must adjust the systems used to receive reports on Securities Transactions, including facilitating the reporting system for submitting reports from Participants, no later than 1 (one) year since this Financial Services Authority Regulation takes effect.
CHAPTER VI
CLOSING PROVISIONS
Article 26
Upon the taking effect of this Financial Services Authority Regulation, the Decision of the Chairman of the Capital Market Supervisory Board and Financial Institutions Number Kep-123/BL/2009 concerning Securities Transaction Reporting along with Regulation Number X.M.3 which is its attachment, is revoked and declared invalid.
Article 27
This Financial Services Authority Regulation takes effect on the date of enactment.
This copy is consistent with the original
Legal Director 1
Legal Department signed
Yuliana
To ensure everyone is aware, ordering the enactment of this Financial Services Authority Regulation by placing it in the State Gazette of the Republic of Indonesia.
Established in Jakarta on June 21, 2017
CHAIRMAN OF THE BOARD OF COMMISSIONERS
FINANCIAL SERVICES AUTHORITY, signed
MULIAMAN D. HADAD
Enacted in Jakarta on June 22, 2017
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA, signed
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2017 NUMBER 122
EXPLANATION
OF
FINANCIAL SERVICES AUTHORITY REGULATION
NUMBER 22 /POJK.04/2017
ON
SECURITIES TRANSACTION REPORTING
I. GENERAL
That with the implementation of Law Number 21 of 2011 concerning the Financial Services Authority, which establishes that the authority to regulate and supervise activities in the financial services sector, including the capital market, shifts from the Capital Market Supervisory Agency and Financial Institutions to the Financial Services Authority, the Financial Services Authority is interested in creating an orderly, fair, transparent, and efficient capital market to continue the tasks and functions of the Capital Market Supervisory Agency and Financial Institutions as established in Law Number 8 of 1995 concerning the Capital Market.
As the authority conducting regulation and supervision in the capital market sector, the Financial Services Authority also conducts regulation and supervision over trading activities of Government Bonds and Sharia State Securities based on Law Number 24 of 2002 concerning Government Bonds and Law Number 19 of 2008 concerning Sharia State Securities.
To realize this, it is necessary to establish provisions that must be fulfilled by every Party conducting Securities Transactions on debt securities and Sukuk in the secondary market. This is because the aforementioned Securities Transactions are mostly conducted outside the Stock Exchange or over the counter. To increase market integrity, improve price formation quality in the market, and strengthen the supervision function of Securities Transactions on debt securities and Sukuk, those Parties are required to submit reports on the Securities Transactions they conduct through the system and/or means of receiving Securities Transaction reports organized by the Securities Transaction Reporting Organizer (PLTE).
Regulations regarding Securities Transaction reporting are currently regulated in Regulation Number X.M.3, appendix of the Chairman of the Capital Market Supervisory Agency and Financial Institutions Decision Number Kep-123/BL/2009 concerning Securities Transaction Reporting (Regulation Number X.M.3 concerning Securities Transaction Reporting).
Considering the above, it is necessary to refine the regulations on Securities Transaction reporting covering all Securities Transactions on debt securities and Sukuk, both on the Stock Exchange and outside the Stock Exchange, by establishing a Financial Services Authority Regulation concerning Securities Transaction Reporting, which is a change from Regulation Number X.M.3 concerning Securities Transaction Reporting.
II. ARTICLE BY ARTICLE EXPLANATION
Article 1
It is clear enough.
Article 2
Transactions outside the Stock Exchange can be conducted through negotiation between Parties directly or through other trading organizers besides the Stock Exchange.
Article 3
Paragraph (1)
Letter a
Examples of debt securities and Sukuk that have been sold through public offerings include corporate bonds, corporate Sukuk, collective investment contracts for asset-backed securities.
Letter b
It is clear enough.
Letter c
It is clear enough.
Letter d
It is clear enough.
Paragraph (2)
What is meant by "Securities that can be traded in the secondary market" are Securities that fall into the tradeable category based on the prospectus or information disclosure documents of the issuer of the aforementioned Securities.
Article 4
Letter a
Outright sale and purchase (outright) is a Securities Transaction accompanied by the transfer of ownership of Securities, including outright sale and purchase transactions conducted on the same day as the allocation day before the recording (when issued).
Letter b
It is clear enough.
Letter c
What is meant by "gratification" is every provision to civil servants or state organizers as referred to in Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which has been amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption.
Letter d
It is clear enough.
Letter e
Exchange refers to the exchange of debt securities or Sukuk through:
Letter f
It is clear enough.
Letter g
It is clear enough.
Letter h
It is clear enough.
Letter i
It is clear enough.
Letter j
It is clear enough.
Letter k
In practice, the term "repurchase" referred to is also commonly called buy back.
Letter l
It is clear enough.
Letter m
It is clear enough.
Letter n
It is clear enough.
Letter o
It is clear enough.
Article 5
It is clear enough.
Article 6
Letter a
It is clear enough.
Letter b
In practice, the term "single investor identification number" referred to is also commonly called single investor identification.
Letter c
It is clear enough.
Letter d
It is clear enough.
Letter e
In the event that the transaction conducted is a Repurchase Agreement Transaction, the transaction price is the same as the purchase price.
Letter f
The reported yield is the rate of return that investors will obtain until maturity, also known as yield to maturity.
Letter g
It is clear enough.
Letter h
It is clear enough.
Letter i
It is clear enough.
Letter j
It is clear enough.
Letter k
It is clear enough.
Letter l
It is clear enough.
Letter m
Ownership status is information on ownership by local or foreign parties.
Letter n
It is clear enough.
Letter o
It is clear enough.
Letter p
Participant Identity is the PLTE Participant code.
Letter q
Taxpayer Identification Number is the Taxpayer Identification Number of the transacting party.
Letter r
It is clear enough.
Letter s
Specifically for Repurchase Agreement Transactions, there is an addition of information, namely the type of Repurchase Agreement Transaction, contract date, contract currency, price level, transaction duration, initial margin or haircut of Securities, and status as principal/agent.
Article 7
Letter a
It is clear enough.
Letter b
Examples of other market organizers include organizers of Government Bond trading outside the Stock Exchange that have obtained a business license from the Financial Services Authority.
Letter c
It is clear enough.
Letter d
It is clear enough.
Letter e
It is clear enough.
Letter f
It is clear enough.
Letter g
It is clear enough.
Article 8
Paragraph (1)
Letter a
Number 1
What is meant by "trading data" includes:
Under certain conditions, the submission of trading data for Securities Transactions conducted on the Stock Exchange or other market organizers may be delayed by a few minutes after the transaction occurs (real time).
Number 2
What is meant by "on the same day" is the day of the Securities Transaction execution until the end of the day the report is received.
Letter b
Number 1
It is clear enough.
Number 2
It is clear enough.
Letter c
It is clear enough.
Letter d
It is clear enough.
Letter e
It is clear enough.
Paragraph (2)
It is clear enough.
Article 9
Letter a
It is clear enough.
Letter b
As an example:
A Securities Transaction is conducted by a Participant on Monday, June 20, 2016, at 16:55 WIB, the PLTE reporting hours and PLTE operations start from 09:30 - 17:00 WIB, the reporting deadline for Securities Transactions for Participants is on Tuesday, June 21, 2016, at 09:55 WIB PLTE reporting hours.
Letter c
It is clear enough.
Article 10
It is clear enough.
Article 11
Errors in Securities Transaction reporting data before settlement execution include corrections to reporting data, cancellation of one report due to duplication of Securities Transaction reporting, and cancellation of the Securities Transaction.
Errors in Securities Transaction reporting data after settlement execution include corrections to reporting data and duplication of Securities Transaction reporting.
What is meant by "certain conditions" are events and/or situations that occur outside the will and/or ability of the PLTE and/or Participants that cause the reporting process through the PLTE system to not function properly.
Article 12
Errors in Securities Transaction reporting data before settlement execution include corrections to reporting data, cancellation of one report due to duplication of Securities Transaction reporting, and cancellation of the Securities Transaction.
Errors in Securities Transaction reporting data after settlement execution include corrections to reporting data and duplication of Securities Transaction reporting.
What is meant by "certain conditions" are events and/or situations that occur outside the will and/or ability of the PLTE and/or Participants that cause the reporting process through the PLTE system to not function properly.
Article 13
It is clear enough.
Article 14
It is clear enough.
Article 15
It is clear enough.
Article 16
It is clear enough.
Article 17
Letter a
It is clear enough.
Letter b
It is clear enough.
Letter c
It is clear enough.
Letter d
What is meant by "certain conditions" are events and/or situations that occur outside the will and/or ability of the PLTE and/or Participants that cause the reporting process through the PLTE system to not function properly.
Article 18
It is clear enough.
Article 19
Letter a
It is clear enough.
Letter b
What is meant by "Custodian" is a securities company that conducts business activities as a Securities Broker and Custodian Bank.
Article 20
It is clear enough.
Article 21
It is clear enough.
Article 22
It is clear enough.
Article 23
It is clear enough.
Article 24
Paragraph (1)
It is clear enough.
Paragraph (2)
What is meant by "Selling Participant" is a Participant that conducts the reporting of sales transactions.
What is meant by "Buying Participant" is a Participant that conducts the confirmation of reporting of purchase transactions.
Paragraph (3)
It is clear enough.
Paragraph (4)
It is clear enough.
Article 25
It is clear enough.
Article 26
It is clear enough.
Article 27
It is clear enough.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 6069 ---
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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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