Rule · OJK · 29 Nov 2018 · 15/SEOJK.05/2018
Financial Services Authority Circular No. 15/SEOJK.05/2018 establishes guidelines for liquidation teams of insurance, Sharia insurance, reinsurance, and Sharia reinsurance companies to prepare liquidation work plans and budgets (RKAB) and receive fair incentives. The regulation mandates that RKABs be submitted to the OJK within 30 days of the team's formation or extension, with approval required from either the General Meeting of Shareholders (GMS) or the OJK depending on who formed the team. It defines incentive percentages based on asset type and recovery duration, ranging from 0% to 4%, and outlines specific procedures for incentive payments, including quarterly requests and supporting documentation requirements.
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CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY NUMBER 15 /SEOJK.05/2018
CONCERNING
GUIDELINES FOR PREPARING LIQUIDATION WORK PLANS AND BUDGETS AND PROVIDING FAIR INCENTIVES FOR LIQUIDATION TEAMS FOR INSURANCE COMPANIES, SHARIA INSURANCE COMPANIES, REINSURANCE COMPANIES, AND SHARIA REINSURANCE COMPANIES
In relation to the mandate of Article 20 paragraph (6) and Article 21 paragraph (8) of Financial Services Authority Regulation Number 28/POJK.05/2015 concerning the Dissolution, Liquidation, and Bankruptcy of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies (State Gazette of the Republic of Indonesia Year 2015 Number 294, Supplement to the State Gazette of the Republic of Indonesia Number 5776), it is necessary to regulate implementation provisions regarding guidelines for preparing liquidation work plans and budgets and providing fair incentives for liquidation teams for insurance companies, Sharia insurance companies, reinsurance companies, and Sharia reinsurance companies in this Financial Services Authority Circular Letter as follows:
I. GENERAL PROVISIONS
Company means insurance companies, Sharia insurance companies, reinsurance companies, and Sharia reinsurance companies.
Company Liquidation, hereinafter referred to as Liquidation, is the action to settle all assets and liabilities of the Company as a result of the revocation of the Company's business license and dissolution.
General Meeting of Shareholders, hereinafter abbreviated as GMS, is the GMS as referred to in Law Number 40 of 2007 concerning Limited Liability Companies for Companies in the form of limited liability companies or equivalent to the GMS in cooperative legal entities.
Liquidation Team is a team tasked with conducting Liquidation formed by the GMS or the Financial Services Authority.
Liquidation Work Plan and Budget, hereinafter referred to as Liquidation RKAB, is the activity plan of the Liquidation Team in carrying out Liquidation and the estimated cost of Liquidation during the assignment period of the Liquidation Team.
Fair Incentive, hereinafter referred to as Incentive, is a sum of money given to the Liquidation Team for the realization of assets and/or collection of the Company's receivables in Liquidation, considering the type of investment and the amount of incentive as approved by the GMS for Liquidation Teams formed by the GMS or the amount of incentive as approved by the Financial Services Authority for Liquidation Teams formed by the Financial Services Authority.
Creditor is any party that has receivables or claims against the Company, including policyholders, insured parties, participants, or other parties entitled to insurance/Sharia insurance benefits and Company employees.
Day means calendar day.
II. PREPARATION OF LIQUIDATION RKAB
The Liquidation Team prepares the Liquidation RKAB in the framework of implementing Liquidation referring to the Liquidation RKAB guidelines.
The Liquidation RKAB as referred to in item 1 is submitted to the Financial Services Authority no later than 30 (thirty) Days from the formation of the Liquidation Team or from the start of the extension of the Liquidation Team's assignment period.
In the event that the Liquidation Team is formed by the GMS, the Liquidation Team must first request approval of the Liquidation RKAB from the GMS before submitting it to the Financial Services Authority to obtain approval.
In the event that the Liquidation Team is formed by the Financial Services Authority, the Liquidation Team must first request approval of the Liquidation RKAB from the Financial Services Authority and subsequently submit the approved Liquidation RKAB to the GMS.
III. GUIDELINES FOR PREPARING LIQUIDATION RKAB
The preparation of the Liquidation RKAB as referred to in Roman numeral II item 1 must refer to the guidelines for preparing the Liquidation RKAB and its preparation uses the Liquidation RKAB format as contained in the Appendix which is an integral part of this Financial Services Authority Circular Letter.
The guidelines for preparing the Liquidation RKAB as referred to in item 1 do not apply to Liquidation RKABs that have been approved by the Financial Services Authority before this Financial Services Authority Circular Letter was established.
IV. REMUNERATION OF LIQUIDATION TEAM
Members of the Liquidation Team are given remuneration determined by:
a. The GMS for Liquidation Teams formed by the GMS; or b. The Financial Services Authority for Liquidation Teams formed by the Financial Services Authority.
Remuneration as referred to in paragraph (1) consists of:
a. Honorarium; and b. Income/other facilities.
Other income/facilities as referred to in item 2 letter b only include holiday allowances, Incentives, and participation in national social security programs in accordance with applicable legislation.
Incentives as referred to in item 3 must first request approval from the GMS for Liquidation Teams formed by the GMS or the Financial Services Authority for Liquidation Teams formed by the Financial Services Authority.
V. AMOUNT OF INCENTIVE
The amount of Incentive as referred to in Roman numeral IV item 3 given to the Liquidation Team is a certain percentage of the proceeds from the realization of assets and/or collection of receivables of the Company in Liquidation, calculated for each asset of a specific type.
The certain percentage as referred to in item 1 is established as follows:
| No. | Asset Type | Timeframe <= 1 yr | >1 to <= 2 yrs | >2 to <= 3 yrs | >3 to <= 4 yrs |
|---|---|---|---|---|---|
| 1. | Investment Assets<br>- Problematic<br>- Non-problematic | 4%<br>2% | 3%<br>1% | 2%<br>0.5% | 0.5%<br>0% |
| 2. | Non-Investment Assets<br>- Problematic<br>- Non-problematic | 4%<br>2% | 3%<br>1% | 2%<br>0.5% | 0.5%<br>0% |
The certain percentage as referred to in item 2 applies to the determination of incentive amounts for Liquidation Teams formed by the GMS and Liquidation Teams formed by the Financial Services Authority.
The distribution of Incentives among members of the Liquidation Team is determined by the Liquidation Team with the approval of the GMS for Liquidation Teams formed by the GMS or the Financial Services Authority for Liquidation Teams formed by the Financial Services Authority.
VI. PROVISION OF INCENTIVES
The Liquidation Team is given Incentives for the realization of assets and/or collection of receivables of specific asset types, namely:
a. Assets in the form of investments but excluding investment results, including:
In the framework of providing Incentives as referred to in item 1, realized assets are grouped referring to the asset grouping in the interim liquidation balance sheet as referred to in Article 31 of Financial Services Authority Regulation Number 28/POJK.05/2015 concerning the Dissolution, Liquidation, and Bankruptcy of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies.
VII. APPLICATION FOR INCENTIVE PAYMENT
The Liquidation Team submits an application for Incentive payment for the realization of assets and/or collection of receivables in a three-monthly period, calculated from the date of approval of the interim liquidation balance sheet, to:
a. The GMS for Liquidation Teams formed by the GMS; or b. The Financial Services Authority for Liquidation Teams formed by the Financial Services Authority.
The Incentive payment application as referred to in item 1 is exempted for the final Incentive payment, namely no later than 15 (fifteen) Days before the submission of the final liquidation balance sheet and accountability report.
The Incentive payment application as referred to in items 1 and 2 must contain at least the following information:
a. period of realization of assets and/or collection of receivables; b. type of assets realized;
c. value of realization of assets and/or collection of receivables, including:
The costs of realization of assets and/or collection of receivables as referred to in item 3 letter c item 3) that can be deducted from the value of realization of assets and/or collection of receivables are costs paid to third parties in connection with the realization of assets and/or collection of receivables.
The value of realization of assets and/or collection of receivables is the net sale value calculated from the gross sale value minus the costs of realization of assets and/or collection of receivables.
In addition to the information as referred to in item 3, the incentive payment application must be accompanied by supporting documents including:
a. documents proving the type of assets realized; b. documents proving the fair value of assets at the time of realization;
c. receipts or proof of receipt of proceeds from the realization of assets and/or collection of receivables; and
d. proof stating costs in the context of realizing assets and/or collecting receivables.
VIII. APPROVAL OF INCENTIVE PAYMENT
The Financial Services Authority or the GMS gives a decision on the Incentive payment application no later than 15 (fifteen) Days after the Incentive payment application letter is received complete with correct calculations.
In the event that the Financial Services Authority or the GMS does not give a decision within the time period as referred to in item 1, the Financial Services Authority or the GMS is deemed to have approved the Incentive payment application.
Payment of Incentives to the Liquidation Team is borne by the Company in Liquidation.
Income tax on Incentive payments becomes the burden of each member of the Liquidation Team receiving the Incentive payment.
IX. CLOSING
This Financial Services Authority Circular Letter takes effect on the date it was established.
Established in Jakarta on 29 November 2018
EXECUTIVE HEAD OF INSURANCE, PENSION FUND,
FINANCING INSTITUTION, AND OTHER FINANCIAL SERVICES INSTITUTIONS SUPERVISOR FINANCIAL SERVICES AUTHORITY,
s/d
RISWINANDI
APPENDIX
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY NUMBER 15 /SEOJK.05/2018
CONCERNING
GUIDELINES FOR PREPARING LIQUIDATION WORK PLANS AND BUDGETS AND PROVIDING FAIR INCENTIVES FOR LIQUIDATION TEAMS FOR INSURANCE COMPANIES, SHARIA INSURANCE COMPANIES, REINSURANCE COMPANIES, AND SHARIA REINSURANCE COMPANIES
PART ONE
GUIDELINES FOR PREPARING LIQUIDATION RKAB
The Liquidation RKAB is prepared in 2 (two) parts, namely:
| No. | Activity | Weight | Month 1 (Apr'17) | Month 2 (May'17) | Month 3 (Jun'17) | Month 4 (Jul'17) | ... | Month 12 (Mar'18) |
|---|---|---|---|---|---|---|---|---|
| 1. | Submit Liquidation RKAB | |||||||
| a. | Prepare Liquidation RKAB | 1 | 50% | 50% | ||||
| b. | Submit Liquidation RKAB | 1 | 100% | |||||
| c. | Obtain Liquidation RKAB Approval | 1 | 50% | 50% | ||||
| 2. | Follow up legal aspects of Company dissolution | |||||||
| a. | Notify dissolution to competent authority | 2 | 100% | |||||
| b. | Notify dissolution | |||||||
| - | In State Gazette of the Republic of Indonesia | 1 | 100% | |||||
| - | In 2 (two) daily newspapers with wide circulation | 1 | 100% | |||||
| 3. | Etc. |
b. Plan and method for realization of assets and/or collection of receivables.
Realization of assets and/or collection of receivables is done by methods, including:
1) conducting inventory of assets of the Company in Liquidation;
2) assessing the net realizable value for each asset of the Company in Liquidation;
3) determining the asset sale schedule;
4) selling assets using the value/price according to the asset assessment results against the estimated net realizable value;
5) determining the sales method, e.g., through auction, sold as a package, sold separately; and/or
6) collecting receivables.
c. Plan and method for paying liabilities/liabilities to Creditors.
Example plan and method for realization of assets and/or collection of receivables and payment of liabilities/liabilities to Creditors:
| NO. | Asset Type and Liability/Liability | Method of Settlement | |
|---|---|---|---|
| I ASSETS | |||
| Investment | |||
| 1. | Time Deposits and Certificates of Deposit | Realize and transfer to the current account of PT .... (DL) or Cooperative ... (DP) | |
| 2. | Shares | Conduct retail or package sales on the exchange | |
| 3. | Corporate Bonds | Conduct retail or package sales on the exchange | |
| 4. | MTN | Conduct retail or package sales on the exchange | |
| 5. | Securities Issued by the Republic of Indonesia | Conduct retail or package sales on the exchange | |
| 6. | Etc. | ||
| II LIABILITIES/LIABILITIES | |||
| 1. | Estimated Liquidation Costs | Pay liquidation costs according to the budget contained in the Liquidation RKAB | |
| 2. | Obligations to Policyholders | ||
| a. | Claim Debts | Calculate claim debts that can be paid | |
| b. | Claim Reserves | Calculate claim payments that can be paid | |
| c. | Premium Reserves | Portfolio transfer considering premium reserves | |
| d. | Reserves for Premiums Not Yet Revenue | Inventory policies that can be transferred to Companies with the approval of policyholders | |
| 3. | Etc. |
d. Number of supporting personnel required for the Liquidation Team.
The estimated number of supporting personnel needed to assist the Liquidation Team is described. In determining the number of supporting personnel, the Liquidation Team must consider efficiency, effectiveness, expertise, and the financial capacity of the Company in Liquidation to pay honorariums. The number determined at the initial stage must be reviewed according to the future workload of the Liquidation Team. In the event that the workload of the Liquidation Team decreases because most of the Company's assets have been realized, the use of Liquidation Team supporting personnel must be adjusted.
PART TWO
FORMAT FOR PREPARING LIQUIDATION RKAB
Number : (City), (Date/Month/Year)
Attachment :
Subject : Work Plan and Budget of PT .... (DL) or Cooperative ... (DP) Period Month ... to ...
To: Executive Head of IKNB Supervisor
Financial Services Authority in Jakarta
Hereby we submit the Work Plan and Budget of the Liquidation Team of PT .... (DL) or Cooperative ... (DP) with the following description:
Basis for Liquidation Implementation
a. Law Number 40 of 2014 concerning Insurance. b. Financial Services Authority Regulation Number 28/POJK.05/2015 concerning the Dissolution, Liquidation, and Bankruptcy of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies.
c. Decision of the Board of Commissioners of the Financial Services Authority Number ... Date ... concerning the Revocation of Business License of PT .... (DL) or Cooperative ... (DP).
Work Plan
The Work Plan of the Liquidation Team of PT .... (DL) or Cooperative ... (DP) Period ... (date) to ... (date) as contained in Appendix A.
Method for Realization of Assets and/or Collection of Receivables and Payment to Creditors
a. Insurance Companies and Reinsurance Companies
| No. | Asset Type and Liability/Liability | Method of Settlement | |
|---|---|---|---|
| I ASSETS | |||
| Investment | |||
| 1. | Time Deposits and Certificates of Deposit | ||
| 2. | Shares | ||
| 3. | Corporate Bonds | ||
| 4. | MTN | ||
| 5. | Securities Issued by the Republic of Indonesia | ||
| 6. | Securities Issued by Countries other than the Republic of Indonesia | ||
| 7. | Securities Issued by Bank Indonesia | ||
| 8. | Securities Issued by Multinational Institutions | ||
| 9. | Mutual Funds | ||
| 10. | Asset-Backed Securities | ||
| 11. | Real Estate Investment Funds | ||
| 12. | Securities Transactions via Repurchase Agreement (REPO) | ||
| 13. | Direct Participation | ||
| 14. | Land, Buildings with Strata Title or Land with Buildings for Investment | ||
| 15. | Financing via Cooperation with Other Parties | ||
| 16. | Pure Gold | ||
| 17. | Loans Guaranteed by Mortgage Rights | ||
| 18. | Policy Loans | ||
| 19. | Other Investments | ||
| Non-Investment | |||
| 20. | Cash and Bank | ||
| 21. | Direct Closing Premium Receivables | ||
| 22. | Reinsurance Premium Receivables | ||
| 23. | Reinsurance Assets | ||
| 24. | Co-insurance Claim Receivables | ||
| 25. | Reinsurance Claim Receivables | ||
| 26. | Investment Receivables | ||
| 27. | Investment Result Receivables | ||
| 28. | Buildings with Strata Title or Land With Buildings for Own Use | ||
| 29. | Other Fixed Assets | ||
| 30. | Other Assets | ||
| II LIABILITIES/LIABILITIES | |||
| 1. | Estimated Liquidation Costs | ||
| 2. | Obligations/Liabilities to Policyholders | ||
| a. | Claim Debts | ||
| b. | Claim Reserves | ||
| c. | Premium Reserves | ||
| d. | Reserves for Premiums Not Yet Revenue | ||
| 3. | Obligations/Liabilities to Employees | ||
| 4. | Obligations/Liabilities to Other Parties | ||
| 5. | Accrued Costs | ||
| 6. | Other Debts | ||
| 7. | Subordinated Loans |
The asset and liability/liability account types above can be adjusted with the accounts generally applicable to Companies using Sharia principles or Companies that have Sharia investment types.
b. Sharia Insurance Companies and Sharia Reinsurance Companies
| No. | Asset Type and Liability/Liability | Method of Settlement | |
|---|---|---|---|
| I ASSETS | |||
| Investment | |||
| 1. | Time Deposits and Certificates of Deposit | ||
| 2. | Sharia Shares | ||
| 3. | Sukuk or Sharia Bonds | ||
| 4. | Sharia MTN | ||
| 5. | Sharia Securities Issued by the Republic of Indonesia | ||
| 6. | Sharia Securities Issued by Countries other than the Republic of Indonesia | ||
| 7. | Sharia Securities Issued by Bank Indonesia | ||
| 8. | Sharia Securities Issued by Multinational Institutions | ||
| 9. | Sharia Mutual Funds | ||
| 10. | Sharia Asset-Backed Securities | ||
| 11. | Sharia Real Estate Investment Funds | ||
| 12. | Securities Transactions via Repurchase Agreement (REPO) | ||
| 13. | Financing via Cooperation with Other Parties | ||
| 14. | Sharia Financing with Mortgage Rights | ||
| 15. | Direct Participation | ||
| 16. | Investment Properties | ||
| 17. | Pure Gold | ||
| 18. | Other Investments | ||
| Non-Investment | |||
| 19. | Cash and Bank | ||
| 20. | Direct Tabarru’ Contribution Receivables | ||
| 21. | Reinsurance Contribution Receivables | ||
| 22. | Reinsurance Assets | ||
| 23. | Co-insurance Claim Receivables | ||
| 24. | Reinsurance Claim Receivables | ||
| 25. | Investment Receivables | ||
| 26. | Investment Result Receivables | ||
| 27. | Non-Investment Properties | ||
| 28. | Other Assets | ||
| II LIABILITIES/LIABILITIES | |||
| 1. | Estimated Liquidation Costs | ||
| 2. | Obligations/Liabilities to Participants | ||
| a. | Claim Debts | ||
| b. | Claim Provisions | ||
| c. | Contribution Provisions | ||
| d. | Contribution Provisions Not Yet Revenue/Rights | ||
| 3. | Obligations/Liabilities to Employees | ||
| 4. | Obligations/Liabilities to Other Parties | ||
| 5. | Accrued Costs | ||
| 6. | Other Debts | ||
| 7. | Subordinated Loans |
Number of Supporting Personnel Required
In addition to the members of the Liquidation Team totaling ... people according to the Decision of the Members of the Board of Commissioners of the Financial Services Authority, for Liquidation Teams formed by the Financial Services Authority, or the Decision of the GMS, for Liquidation Teams formed by the GMS, Number ... date ... concerning the Formation of the Liquidation Team of PT .... (DL) or Cooperative ... (DP), we require ... people of Liquidation Team supporting personnel to support the smoothness of the Liquidation Team's tasks. The number of supporting personnel will be reviewed according to the volume of the Liquidation Team's work.
Liquidation Budget
The Liquidation budget during the period ... (date) to ... (date) can be described as follows:
| No. | Description | Budget Year Period I (Rp) | Budget Year Period II (Rp) | |
|---|---|---|---|---|
| A. Liquidation Support Costs | XXXX | XXXX | ||
| 1. | Payment of Liquidation Team Honorarium | Rp. ... x ... months | XXX | XXX |
| 2. | Payment of Liquidation Team Supporting Personnel Honorarium | Rp. ... x ... months | XXX | XXX |
| 3. | Payment of Holiday Allowance (proposed in advance):<br>- Liquidation Team<br>- Supporting Personnel | XXX | XXX |
19 -
No. Activity Weight
Month of Completion Year 1 2 3 4 5 6 7 8 9 10 11 12
c. Notifying the competent authority so that the company's legal entity name is removed from the company list.
1 d. Handing over all documents of the Company in Liquidation to the Financial Services Authority (OJK). 2 Total 100
20 -
SECOND YEAR WORK PLAN
PERIOD ... to ... (date)
No. Activity Weight
Month of Completion Year 13 14 15 16 17 18 19 20 21 22 23 24
In the State Gazette of the Republic of Indonesia.
1
In 2 (two) daily newspapers
21 -
No. Activity Weight
Month of Completion Year 13 14 15 16 17 18 19 20 21 22 23 24 with wide circulation.
1
27 -
No. Activity Weight
Month of Completion Year 13 14 15 16 17 18 19 20 21 22 23 24
c. Notifying the competent authority so that the company's legal entity name is removed from the company list.
1 d. Handing over all documents of the Company in Liquidation to the Financial Services Authority (OJK). 2 Total 100
29 -
APPENDIX B
BUDGET DETAILS
PT .... (DL) OR COOPERATIVE ... (DP)
PERIOD .... TO .... (date)
(in millions of rupiah)
No. Activity
Month - Total
1 2 3 4 5 6 7 8 9 10 11 12 (Rp)
A. LIQUIDATION SUPPORT COSTS
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