Rule · OJK · 22 Dec 2022 · 27/SEOJK.03/2022
This circular letter implements POJK No. 5/POJK.03/2022 by regulating the institutional framework, good corporate governance, and operational activities of Credit Information Management Institutions (LPIP). It mandates that LPIPs apply five basic governance principles: transparency, accountability, responsibility, independence, and fairness. The document specifies the duties of the Board of Directors and Board of Commissioners, including conflict of interest handling, and requires the establishment of internal audit, risk management, and compliance functions. It also outlines operational guidelines for cooperation with member institutions to expand credit data coverage.
To:
The Board of Directors of the Credit Information Management Institution
COPY
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY REPUBLIC OF INDONESIA
NUMBER: 27 /SEOJK.03/2022
ABOUT
CREDIT INFORMATION MANAGEMENT INSTITUTION
In view of the implementation of the Financial Services Authority Regulation Number 5/POJK.03/2022 concerning Credit Information Management Institutions (State Gazette of the Republic of Indonesia Year 2022 Number 77, Additional State Gazette of the Republic of Indonesia Number 6785), it is necessary to regulate implementation provisions regarding Credit Information Management Institutions in a Financial Services Authority Circular Letter as follows:
I. GENERAL PROVISIONS
To be able to conduct business continuously, further regulation of Credit Information Management Institutions (LPIP) is required, including regarding institutional structure, implementation of good governance, protection of stakeholders, compliance with applicable laws and regulations and general ethical values, as well as the management and development of Credit Information as products and/or services generated by LPIP.
In the context of managing and developing Credit Information as products and/or services generated by LPIP, diverse, comprehensive Credit Information with added value is needed, requiring an expansion of the scope of Credit Data or Financing Data and Other Data sourced from Financial Institutions and non-Financial Institutions.
To ensure that LPIP operations are conducted in accordance with laws and regulations and in accordance with the purpose of the existence of LPIP, the Financial Services Authority (OJK) conducts direct supervision and indirect supervision through the analysis of reports, documents, data and/or other information submitted by LPIP and/or other parties to OJK.
II. LPIP BUSINESS ACTIVITIES
LPIP is a rating institution that collects and processes Credit Data or Financing Data and Other Data to generate Credit Information.
Business activities conducted by LPIP consist of:
a. collecting and processing Credit Data or Financing Data and/or Other Data; b. providing rating services to Debtors or Customers based on Credit Data or Financing Data and/or Other Data; and
c. generating Credit Information with added value based on Credit Data or Financing Data and/or Other Data.
The rating institution for LPIP as referred to in item 2 letter b is different from the securities rating institution as referred to in the OJK Regulation regarding licensing of securities rating companies. LPIP generates report and value products regarding the creditworthiness or financing feasibility of Debtors or Customers, and packages and analyzes reports including through the issuance of credit scores.
The credit score as referred to in item 3 and some other LPIP products and/or services will subsequently be used by Financial Institutions as a source of analysis in providing funds to prospective Debtors or Customers and/or for other purposes. In relation to this, LPIP plays a role as a supporting institution in the financial services sector.
III. IMPLEMENTATION OF GOVERNANCE
The implementation of governance at LPIP must always be based on 5 (five) basic principles of good governance, namely transparency, accountability, responsibility, independence, and fairness, which are manifested at least in the form of:
a. Implementation of duties and responsibilities of the Board of Directors In the implementation of duties and responsibilities, the LPIP Board of Directors must at least do the following:
b. Implementation of duties and responsibilities of the Board of Commissioners In the implementation of duties and responsibilities, the LPIP Board of Commissioners must at least do the following:
c. Handling of conflicts of interest
d. Implementation of risk management, compliance, internal audit, external audit functions, and operational guidelines related to cooperation with LPIP members
applicable regulations;
(5) the obligation of LPIP members to notify Debtors or Customers in writing regarding the utilization of Credit or Financing Data and/or Other Data by LPIP, OJK, and/or Credit Information Users based on applicable regulations; (6) the mechanism for handling and resolving complaints; and (7) the dispute resolution mechanism. e. LPIP's annual business plan
1) The business plan is a written document describing LPIP's short-term (i.e., 1 (one) year) and medium-term (i.e., 3 (three) years) business activity plans, including plans to improve business performance and strategies to realize these plans according to established targets and timelines, while still adhering to applicable regulations and risk management implementation.
2) In addition to submitting plans for product issuance and/or new activities in the annual business plan as regulated in Article 89 letter f of the OJK Regulation regarding Credit Information Service Providers, LPIP must submit reports on products and new activities to OJK, consisting of reports on plans for product issuance and new activities, as well as reports on the realization of product issuance and new activities, with scope, format, and submission methods as specified in the Appendix, which is an integral part of this OJK Circular.
f. LPIP implements transparency of financial and non-financial conditions as follows:
1) announcing annual reports on the LPIP website no later than May 31 of the following year;
2) informing about products and/or services and the use of Customer data based on applicable regulations regarding LPIP products, consumer protection, and personal data protection; and
3) informing about governance implementation, at least including the disclosure of all aspects of good governance principle implementation.
2. LPIP conducts a self-assessment and prepares a governance implementation report at the end of each year, at least including:
a. the scope of governance as referred to in number 1 letter a to letter f; b. share ownership of LPIP Board of Directors members, as well as financial and/or family relationships of Board of Directors members with Board of Commissioners members, other Board of Directors members, and/or LPIP shareholders;
c. share ownership of LPIP Board of Commissioners members, as well as financial and/or family relationships of Board of Commissioners members with other Board of Commissioners members, Board of Directors members, and/or LPIP shareholders;
d. concurrent positions of LPIP Board of Directors members in other companies, organizations, or institutions; e. remuneration packages/policies and other facilities for LPIP Board of Directors and Board of Commissioners; f. the ratio of the highest to lowest salaries; g. the frequency of LPIP Board of Commissioners meetings; h. the number of internal deviations that occurred and the resolution efforts by LPIP;
i. the number of legal issues and resolution efforts by LPIP;
j. transactions containing conflicts of interest; and k. the provision of funds for social and political activities, both nominal amounts and fund recipients.
3. The self-assessment report outlines conclusions regarding the implementation of LPIP governance, covering governance structure, governance process, and governance outcome, detailed as follows:
a. governance structure assessment aims to evaluate the adequacy of LPIP's governance structure and infrastructure so that the implementation of good governance principles produces outcomes consistent with LPIP stakeholders' expectations. Included in LPIP's governance structure are the Board of Directors, Board of Commissioners, and work units within LPIP. Included in governance infrastructure are LPIP policies and procedures, management information systems, and the main duties and functions of each organizational structure. b. Governance process assessment aims to evaluate the effectiveness of implementing good governance principles supported by the adequacy of LPIP's governance structure and infrastructure, thereby producing outcomes consistent with LPIP stakeholders' expectations.
c. Governance outcome assessment aims to evaluate the quality of outcomes meeting LPIP stakeholders' expectations, which are the result of implementing good governance principles and supported by the adequacy of LPIP's governance structure and infrastructure. Outcomes include qualitative and quantitative aspects, including:
1) adequacy of report transparency;
2) compliance with applicable regulations;
3) consumer protection;
4) objectivity in conducting assessments or audits;
5) LPIP performance such as profitability, efficiency, and capitalization; and/or
6) increases or decreases in compliance with regulations and resolution of issues faced by LPIP such as fraud, data confidentiality violations, and violations of regulations regarding LPIP reports to OJK.
In this description, it must also explain the identification of issues in the form of weaknesses and root causes, as well as strengths in governance implementation.
4. OJK conducts assessments or evaluations of the self-assessment results regarding governance implementation and may request LPIP to submit action plans and adjustments to action plans containing improvement steps that must be implemented by LPIP with specific target times.
5. The first self-assessment report and governance implementation report must be submitted to OJK as of the position in December 2023.
6. The governance implementation report must be approved and signed by the LPIP Chief Executive Officer and Chief Commissioner.
IV. COMPETENCY AND PROPRIETY ASSESSMENT PROCEDURES
1. General
a. Competency and propriety assessments for LPIP are conducted by OJK against Controlling Key Parties and Managing Key Parties, including:
1) Prospective Controlling Key Parties, including:
a) legal entities that purchase, receive gifts, inherit, or undergo other forms of rights transfer regarding LPIP shares, thereby meeting the criteria for prospective Controlling Key Parties; b) LPIP shareholders who are not classified as Controlling Key Parties that increase capital contributions, purchase LPIP shares, receive LPIP share gifts, inherit shares, or undergo other forms of rights transfer regarding LPIP shares, thereby causing them to meet the criteria for Controlling Key Parties; c) shareholders who are not Controlling Key Parties but are deemed by OJK to control LPIP; d) legal entities classified as Controlling Key Parties due to changes in LPIP business group structure;
e) legal entities that will become Controlling Key Parties in LPIP resulting from a merger; f) legal entities that will become Controlling Key Parties in LPIP resulting from a consolidation; and/or g) legal entities that will become Controlling Key Parties in a newly established LPIP.
2) Prospective Managing Key Parties, i.e., the Board of Directors and Board of Commissioners, including:
a) persons who have never been members of the LPIP Board of Directors or Board of Commissioners, who are nominated as members of the LPIP Board of Directors or Board of Commissioners; b) LPIP Board of Commissioners members nominated as members of the Board of Directors in the same LPIP; c) LPIP Board of Directors members nominated as directors overseeing different functions in the same LPIP; d) LPIP Board of Directors members nominated as members of the Board of Commissioners in the same LPIP; e) LPIP Board of Directors or Board of Commissioners members nominated for higher positions in the same LPIP, including:
(1) Board of Commissioners members who will be appointed as Chief Commissioner/Deputy Chief Commissioner or equivalent in the same LPIP; (2) Board of Directors members who will be appointed as Chief Executive Officer/Deputy Chief Executive Officer or equivalent in the same LPIP; f) persons nominated as members of the Board of Directors or Board of Commissioners in LPIP resulting from a merger, originating from the merged LPIP; g) persons nominated as members of the Board of Directors or Board of Commissioners in LPIP resulting from a merger, originating from the surviving LPIP, including position extensions; and/or
h) persons nominated as members of the Board of Directors or Board of Commissioners in LPIP resulting from a consolidation, originating from the consolidating LPIP.
Competency and propriety assessments are not conducted for position extensions for Board of Directors and Board of Commissioners members, except as specified in letter g). This extension is reported to OJK accompanied by the General Meeting of Shareholders (GMS) decision establishing the extension. b. Prospective Key Parties cannot be submitted for competency and propriety assessments, and assessments will be halted for becoming Key Parties if they are undergoing:
1) legal processes;
2) competency and propriety assessments at OJK; and/or
3) re-assessment processes due to indications of integrity, financial soundness, financial reputation, and/or competence issues in an LPIP and/or financial service institution.
c. Legal processes as referred to in letter b number 1) mean that the prospective Key Party has the status of suspect or defendant in a criminal case or is undergoing judicial processes related to bankruptcy.
d. Undergoing competency and propriety assessments at OJK as referred to in letter b number 2) means that the prospective Key Party is being submitted as a candidate for Key Parties at institutions supervised by OJK. OJK halts competency and propriety assessments for nominations other than the first nomination submitted by the relevant institution to OJK. e. Undergoing re-assessment processes due to indications of integrity, financial soundness/reputation, and/or competence issues in an LPIP or financial service institution as referred to in letter b number 3), means that the prospective Key Party is undergoing re-assessment due to indications of integrity, financial soundness/reputation, and/or competence issues in their capacity as Key Parties. OJK halts competency and propriety assessments for nominations submitted by the relevant institution to OJK. f. OJK notifies the halting of competency and propriety assessments to the LPIP submitting the Key Party nomination. g. Prospective Key Parties whose competency and propriety assessments are halted may be submitted again to OJK to become prospective Key Parties if they have completed:
1) legal processes proven by:
a) Order for Termination of Investigation (SP3); b) court decisions that have permanent legal force stating that the party is not guilty; or c) court decisions that have permanent legal force stating that the party is not declared bankrupt;
2) Re-assessment processes regarding integrity, financial soundness/reputation, and/or competence issues in an institution supervised by OJK but not proven to have integrity, financial soundness/reputation, and/or competence issues.
h. Requests for approval to become Key Parties are submitted by:
1) prospective LPIP shareholders, in the case of LPIP establishment license requests; or
2) LPIP Board of Directors members, in the case where LPIP has obtained business licenses;
accompanied by administrative requirement documents.
i. In the case where LPIP Board of Directors members as referred to in letter h number 2) cannot perform their functions or have conflicts of interest, requests are submitted by:
1) other Board of Directors members who do not have conflicts of interest;
2) Board of Commissioners members if all Board of Directors members cannot perform their functions or have conflicts of interest; or
3) other parties appointed by GMS if all Board of Directors or Board of Commissioners members cannot perform their functions or have conflicts of interest.
j. Submission of requests and/or administrative requirement documents can be done via electronic means if regulations regarding this have been implemented. k. OJK may return requests as referred to in letter h if administrative requirement documents are incomplete.
l. Competency and propriety assessments for Controlling Key Parties are conducted by:
1) assessing the relevant legal entity, its Board of Directors, and Board of Commissioners.
2) in the context of administrative assessments for prospective Controlling Key Parties, prospective Controlling Key Parties must present/present at least:
a) the prospective Controlling Key Party's plans for developing the LPIP to be owned for at least 3 (three) years since ownership; and b) the prospective Controlling Key Party's strategy in the event that the LPIP to be owned faces capital, liquidity, and solvency difficulties. m. Competency and propriety assessments for prospective Managing Key Parties are conducted as follows:
1) LPIP may submit at most 2 (two) prospective Managing Key Parties for each job vacancy, and the selection of submitted candidates must comply with applicable regulations.
2) Prospective Managing Key Parties must meet competency requirements as regulated in Article 13 of the OJK Regulation regarding Credit Information Service Providers, including:
a) for prospective Board of Directors members:
(1) adequate and relevant knowledge in LPIP regarding their positions, including knowledge of LPIP regulations and operations, including understanding of risk management. (2) experience in LPIP and/or in banking or financial industries closely related to LPIP business processes, including experience and expertise in operations, marketing, accounting, auditing, financing, credit, money markets, capital markets, law, or experience and expertise in supervising financial service institutions. (3) ability to manage and develop LPIP strategically and healthily (including ability to anticipate economic developments and analyze LPIP industry). b) for prospective Board of Commissioners members:
(1) adequate and relevant knowledge in LPIP regarding their positions, including knowledge of LPIP regulations and operations, including understanding of risk management. (2) experience in LPIP and/or in banking or financial industries closely related to LPIP business processes, including experience and expertise in operations, marketing, accounting, auditing, financing, credit, money markets, capital markets, law, or experience and expertise in supervising financial service institutions.
3) OJK conducts clarifications with the relevant candidates, including:
a) administrative documents submitted; b) the submitted candidate's experience considering their position and the condition of the LPIP where they will be nominated; and c) whether the submitted candidate has negative data or information obtained by OJK. n. Prospective Controlling Key Parties who have not obtained OJK approval cannot perform their actions as Controlling Key Parties even if they already own LPIP shares. o. Prospective Managing Key Parties who have not obtained OJK approval cannot perform actions, duties, and functions as Managing Key Parties even if they have obtained approval and been appointed by GMS.
2. Results of Competency and Propriety Assessments
a. OJK determines the results of competency and propriety assessments as follows:
1) approved; or
2) not approved.
b. The timeframe for determining the results of competency and propriety assessments as referred to in letter a is at most 30 (thirty) working days after all request documents are received completely.
c. In the case where competency and propriety assessment processes for Key Parties are conducted during license requests for LPIP establishment, merger, and/or consolidation, OJK provides determination of competency and propriety assessment results within timeframes adjusted to the granting of licenses for LPIP establishment, merger, and/or consolidation.
d. OJK notifies the results of competency and propriety assessments as referred to in letter a in writing to LPIP. e. In addition to notifying LPIP as referred to in letter d, OJK may notify the results of competency and propriety assessments to other interested parties in the implementation of OJK's functions, duties, and authorities or as required by applicable regulations. f. Prospective Managing Key Parties who have undergone competency and propriety assessments and obtained OJK approval must be appointed by GMS at most 60 (sixty) working days from the date of OJK approval. g. In the case where OJK-approved prospective Managing Key Parties are not appointed within the timeframe as referred to in letter f, the approval provided by OJK becomes invalid. h. Prospective Managing Key Parties not approved by OJK originating from position transfers as Managing Key Parties in the same LPIP may still perform their duties and functions as long as they have not been dismissed from their previous positions according to the LPIP Articles of Association.
i. Prospective Managing Key Parties not approved by OJK but who have obtained approval and been appointed as Key Parties according to GMS decisions must have LPIP convene GMS to cancel their appointments within at most 3 (three) months from the date of non-approval.
j. LPIP must report the cancellation of appointments of prospective Managing Key Parties to OJK at most 10 (ten) working days after the GMS canceling the appointments. k. Prospective Controlling Key Parties not approved by OJK due to not meeting integrity requirements but who already own shares in the submitting LPIP must:
1) transfer all their share ownership in the relevant LPIP and not exercise control; and
2) not exercise shareholder rights, i.e., the right to attend, vote, and be counted in the quorum at GMS, as well as the right to receive distributed dividends.
Transfers of ownership by prospective Controlling Key Parties not approved by OJK must be completed at most 1 (one) year from the date of non-approval.
l. Prospective Controlling Key Parties not approved by OJK due to not meeting financial soundness requirements but who already own shares in the submitting LPIP must:
1) transfer part of their share ownership in the relevant LPIP so that the number of shares owned returns to the initial number of shares before the share increase that caused them to become prospective Controlling Key Parties, and not exercise control; and
2) only exercise shareholder rights, i.e., the right to attend, vote, and be counted in the quorum at GMS, as well as the right to receive distributed dividends, equal to the initial number of shares before the share increase that caused them to become PSP.
Transfers of share ownership as referred to in number 1) must be completed at most 1 (one) year from the date of non-approval. In the case where prospective Controlling Key Parties do not transfer part of their share ownership within the specified timeframe, they cannot exercise shareholder rights over all shares they own in the relevant LPIP until they transfer part of their share ownership. m. Transfers of share ownership as referred to in letters k and l above can be done through gifts or sales to parties other than those with family relationships up to the second degree, including to their business groups. Family relationships up to the second degree include:
1) biological/step/adopted parents;
2) biological/step/adopted siblings, along with their husbands or wives;
3) biological/step/adopted children;
4) biological/step/adopted grandparents;
5) biological/step/adopted grandchildren;
6) biological/step/adopted siblings of parents, along with their husbands or wives;
7) husbands/wives;
8) parents-in-law;
9) in-laws;
10) husbands/wives of biological/step/adopted children;
11) grandparents of husbands/wives;
12) husbands/wives of biological/step/adopted grandchildren; and
13) biological/step/adopted siblings of husbands/wives, along with their husbands or wives.
Prohibitions on transferring share ownership to parties as referred to in numbers 1) to 13) do not apply to transfers resulting from inheritance. n. LPIP must report share transfers as referred to in letters k and l to OJK at most 10 (ten) working days after GMS ratifies the transfer of share ownership; o. OJK may designate parties not allowed to receive share transfers as referred to in letters k and l. In the case where share transfers are made to parties not allowed to receive transfers:
1) the transfer is not considered a transfer of ownership;
2) LPIP is prohibited from recording the party receiving the transfer in the LPIP shareholder list; and
3) the party receiving the transfer does not obtain their rights as a shareholder.
p. OJK cancels approvals if, after approval is granted:
1) it is known that information or documents submitted during the competency and propriety assessment process were incorrect, thereby no longer meeting requirements; and/or
2) information obtained from other authorities causes the approved party to no longer meet requirements;
q. Managing Key Parties whose approvals are cancelled as referred to in letter p, regarding the relevant party, are subject to regulations as specified in number 1 letter o and number 2 letters h and i; r. Controlling Key Parties whose approvals are cancelled as referred to in letter p, regarding the relevant party, are subject to regulations as specified in number 1 letter n and number 2 letter l.
3. Re-submission of Prospective Managing Key Parties Determined as Not Approved:
a. Prospective Managing Key Parties not approved due to competency requirements may be nominated again at least 6 (six) months from the date of non-approval by OJK. b. Re-submission of prospective Managing Key Parties determined as not approved due to competency requirements as referred to in letter a must be accompanied by supporting documents proving that the re-nominated candidate has improved their competency.
V. LPIP INSTITUTIONAL STRUCTURE
1. LPIP shareholders must be Indonesian legal entities owned by:
a. Indonesian legal entities; or b. Indonesian legal entities in partnership with foreign legal entities.
2. Ownership as referred to in number 1 includes ownership based on inter-shareholder linkages based on, among others:
a. ownership relationships; and/or
b. the existence of cooperation or concerted actions to achieve common goals in controlling the LPIP (acting in concert) with or without a written agreement, so that together they have option rights or other rights to own LPIP shares.
Example of LPIP share ownership chart in accordance with the Appendix which is an integral part of this OJK Circular.
In the event that the legal entity holding LPIP shares is a public company and trades its shares on the stock exchange, the provisions as referred to in item 1 shall not apply.
LPIP has one Majority Controlling Principal. As an example, when LPIP is owned by PT “A” (48% ownership), PT “B” (48% ownership), PT. “C” (2% ownership), the General Meeting of Shareholders (RUPS) designates either PT “A” or PT “B” to have higher voting rights and be designated as the Majority Controlling Principal.
If it is agreed that no one controls more than the other:
a. the strategic direction of LPIP’s future development, including issues that may arise in the future, becomes a joint responsibility and is set forth in a letter of comfort that must be submitted to OJK. Regarding this matter, financial report consolidation may refer to financial accounting standards. b. both parties must maintain a sustainable partnership to ensure the continuity of LPIP’s performance and jointly commit to being the backbone in the future development of LPIP, including resolving issues occurring in LPIP (including but not limited to solvency, liquidity, and capital).
c. the LPIP business plan must be prepared and agreed upon jointly by both parties.
VI. LPIP LICENSING
Principle Approval
a. In order to obtain principle approval for preparing to establish an LPIP, one of the prospective LPIP shareholders must do the following:
Business License
a. The LPIP business license application is submitted to OJK using the format in accordance with the Appendix which is an integral part of this OJK Circular and accompanied by the following documents:
VII. REASSESSMENT OF LPIP PRINCIPALS AND/OR EXECUTIVE OFFICERS
Reassessment Procedures
a. OJK conducts reassessment of Principals and/or executive officers based on evidence, data, and/or information obtained from supervision results or other information. b. Reassessment of Principals and/or executive officers as referred to in letter a is conducted with the following steps:
Final Reassessment Results
a. OJK determines the final reassessment results for Principals and/or executive officers with the following predicates:
Follow-up of Reassessment Results
a. Parties who, at the time of reassessment, own, manage, supervise, and/or have significant influence on the LPIP as Principals and/or executive officers of the LPIP determined with a pass predicate, are declared to meet the requirements to remain as Principals and/or executive officers of the LPIP. b. Principals and/or executive officers of the LPIP determined with a fail predicate are subject to bans as referred to in Article 43 paragraph (2) and paragraph (3) of the OJK Regulation regarding Credit Information Management Institutions.
c. The imposition of a ban period on Principals and/or executive officers of the LPIP determined with a fail predicate as referred to in Article 44 of the OJK Regulation regarding Credit Information Management Institutions.
d. The consequences of imposition for Principals and/or executive officers of the LPIP determined with a “fail” predicate apply from the date of the OJK determination letter. e. Principals as referred to in Article 43 paragraph (2) letter a item 1, paragraph (2) letter b item 1, paragraph (3) letter a item 1, and paragraph (3) letter b item 1 of the OJK Regulation regarding Credit Information Management Institutions:
o. In the event that the request for review as referred to in letter m is followed up, the review is carried out through a re-evaluation mechanism in accordance with the provisions as referred to in this OJK Circular.
VIII. CHANGES IN PAID-IN CAPITAL, SHAREHOLDERS, BOARD OF DIRECTORS MEMBERS, AND/OR BOARD OF COMMISSIONERS MEMBERS
Increase in paid-in capital
a. LPIP submits a request for an increase in paid-in capital accompanied by attachments, namely:
1) proof of capital deposit; and
2) supporting documents.
b. The proof of capital deposit and supporting documents as referred to in letter a are as follows:
1) in the event that the LPIP's capital deposit increase is in the form of cash, the increase in paid-in capital as referred to in letter a must be placed in the form of a deposit at a General Bank in Indonesia by stating the name "Commissioners of the Financial Services Authority q.q. (name of LPIP)", and stating the name of the additional capital depositor and the information that the withdrawal can only be carried out after obtaining written approval from OJK.
Cash capital deposits are accompanied by proof of capital deposit and/or supporting documents as well as a sworn statement on sufficient stamp duty from the shareholder that the source of funds used in the context of the LPIP's capital deposit increase:
a) does not come from credit or financing from banks and/or other parties; and b) does not come from the proceeds of criminal acts and for the purposes of money laundering, terrorism financing, and financing of the proliferation of weapons of mass destruction.
2) in the event that the LPIP's capital deposit increase is in the form of other assets, accompanied by an independent valuation report on the assets handed over.
c. In the event that the increase in paid-in capital results in a takeover, the implementation procedures and supporting documents follow the takeover process as referred to in this OJK Circular.
d. OJK provides approval or rejection of the request for an increase in paid-in capital as referred to in letter a within a maximum of 30 (thirty) working days from the date the request along with the required documents according to the Appendix which is an integral part of this OJK Circular is received completely. e. In providing approval or rejection as referred to in letter d, OJK conducts research on the fulfillment of requirements, including:
1) research on the source of capital deposits;
2) assessment of competence and propriety for prospective Controlling Parties if the increase in paid-in capital results in a change in the Controlling Party in accordance with OJK Regulations regarding Credit Information Management Institutions; and
3) research on the financial performance and fulfillment of provisions in the LPIP and/or financial service institutions owned by the prospective Controlling Party.
f. After obtaining approval from OJK, LPIP submits a report regarding the increase in the amount of paid-in capital with reference to the format according to the Appendix which is an integral part of this OJK Circular. g. The report on the increase in paid-in capital is submitted to OJK no later than 10 (ten) working days after the date of the letter of notification of data changes and/or approval of the amendment to the Articles of Association from the competent authority.
Change in ownership composition
a. LPIP submits a request to OJK for a change in the ownership composition of LPIP, whether it results in or does not result in the replacement, reduction, and/or addition of the number of owners, with reference to the format according to the Appendix which is an integral part of this OJK Circular and accompanied by documents as follows:
1) the deed of establishment and the latest amendment to the Articles of Association of the prospective shareholder that has received approval from the competent authority;
2) information regarding the finances of the prospective shareholder for at least the last 3 (three) years. In the event that the shareholder conducts business activities for less than 3 (three) years then:
a) information regarding finances during the duration of its business activities; and b) additional documents in the form of the parent company's financial report for at least the last 3 (three) years and the deed of amendment to the Articles of Association or the deed of establishment of the parent company;
3) information regarding ownership from the prospective shareholder up to the ultimate shareholder;
4) a sworn statement on sufficient stamp duty regarding:
a) commitment to comply with applicable laws and regulations; b) high commitment to the development of healthy LPIP operations; and c) not recorded as a Debtor or Customer who has a Fund Provision Facility with a bad quality or that can be equated with it. b. In the event that the change in share ownership results in a takeover, the implementation procedures and supporting documents are carried out in accordance with this OJK Circular.
c. In order to provide approval for the change in ownership composition, OJK conducts:
1) research on completeness and analysis of documents as referred to in letter a; and
2) assessment of competence and propriety for prospective controlling shareholders.
d. OJK provides approval or rejection of the request for a change in ownership composition within a maximum of 30 (thirty) working days after the request documents are received completely. e. After obtaining approval for the change in ownership composition from OJK, LPIP holds a General Meeting of Shareholders (GMS) to decide on the new share ownership composition. f. The results of the GMS regarding the change in share ownership composition as referred to in letter e are reported to OJK no later than 10 (ten) working days after the GMS is held, accompanied by documents as follows:
1) minutes of the GMS;
2) the amendment to the Articles of Association made notarially;
3) proof of reporting the amendment to the Articles of Association as referred to in letter a number 2 letter b) to the competent authority; and
4) other supporting documents for the change in ownership, if necessary.
Change in the composition of members of the Board of Directors and/or members of the Board of Commissioners
a. In the event that LPIP will carry out a change in the composition of members of the Board of Directors and/or members of the Board of Commissioners, LPIP submits a request to OJK with reference to the format according to the Appendix which is an integral part of this OJK Circular and accompanied by documents as referred to in item VI number 1 letter b number 3. b. In order to provide approval for the change in the composition of members of the Board of Directors and/or members of the Board of Commissioners, OJK conducts:
1) research on completeness and analysis of documents as referred to in letter a; and
2) assessment of competence and propriety for prospective members of the Board of Directors and/or prospective members of the Board of Commissioners.
c. OJK provides approval or rejection of the request for a change in the composition of members of the Board of Directors and/or members of the Board of Commissioners within a maximum of 30 (thirty) working days since all documents are received completely.
d. In the event that the appointment of members of the Board of Directors and/or members of the Board of Commissioners is not carried out within a period of 60 (sixty) working days after OJK approval, then the OJK approval becomes invalid. e. LPIP submits a report to OJK regarding:
1) the appointment of members of the Board of Directors and/or members of the Board of Commissioners no later than 10 (ten) working days since the date of the GMS; and/or
2) the dismissal and/or resignation of members of the Board of Directors and/or members of the Board of Commissioners, no later than 10 (ten) working days since the effective date of the dismissal and/or resignation of the respective party;
Merger, consolidation, or takeover
a. Each LPIP that will carry out a merger, consolidation, or takeover with another LPIP must obtain OJK approval. b. The Board of Directors of the LPIP that will carry out a merger, consolidation, or takeover prepares a plan for the merger, consolidation, or takeover based on the provisions of laws and regulations. The Board of Directors of the LPIP submits a request proposal for the plan for the merger, consolidation, or takeover to OJK.
c. The process of merger, consolidation, or takeover
1) Merger or consolidation of LPIP
a) A request to obtain approval for a merger or consolidation is submitted by each LPIP to OJK. b) The request for approval for a merger or consolidation to OJK is accompanied by data on the plan for the merger or consolidation and/or documents including at least:
(1) approval from the GMS regarding the plan for the merger or consolidation; (2) information regarding the name of shareholders, number of shares, nominal amount, and percentage of share ownership at the time of the request for merger or consolidation and after the merger or consolidation; (3) information regarding share ownership up to the ultimate shareholder; (4) draft of the deed of amendment to the Articles of Association or deed of establishment including the Articles of Association after the merger or consolidation as well as the reasons and explanation of the merger or consolidation from the Board of Directors of the LPIP that will carry out the merger or consolidation; (5) information regarding the latest finances of the prospective shareholder of the LPIP resulting from the merger or consolidation, for at least the last 3 (three) years. In the event that the prospective shareholder conducts business activities for less than 3 (three) years then:
(a) the information regarding finances provided is during the duration of its business activities; and (b) additional documents in the form of the parent company's financial report for at least the last 3 (three) years and the deed of amendment to the Articles of Association or deed of establishment of the parent company. (6) the current management structure and the planned management structure after the merger or consolidation; (7) the business plan for the first 3 (three) years after the merger or consolidation; (8) all plans for fulfilling obligations after the implementation of the merger or consolidation for the LPIP resulting from the merger and the LPIP that is dissolved; and (9) other documents, if necessary. c) In order to provide approval for the merger or consolidation, OJK conducts:
(1) analysis of the plan for the merger or consolidation and/or documents as referred to in letter b); and (2) assessment of competence and propriety for prospective controlling shareholders, prospective members of the Board of Directors, and/or prospective members of the Board of Commissioners of the LPIP resulting from the merger or consolidation. d) OJK provides approval or rejection of the request for a merger or consolidation within a maximum of 60 (sixty) working days after the request documents are received completely. e) LPIP that has obtained approval for the merger or consolidation from OJK, subsequently submits a request for the merger or consolidation to the competent authority in accordance with provisions regarding mergers and consolidations. f) The approval for the merger or consolidation provided by OJK becomes effective since:
(1) the date of approval of the amendment to the Articles of Association by the competent authority; or (2) the date of registration of the deed of merger or consolidation and the deed of amendment to the Articles of Association in the company register if the amendment to the Articles of Association does not require approval from the competent authority. g) Since the merger or consolidation becomes effective, the LPIP resulting from the merger or consolidation:
(1) submits a report on the implementation of the merger or consolidation to OJK no later than 10 (ten) working days since the merger or consolidation becomes effective, accompanied by documents as follows:
(a) a copy of the amendment to the Articles of Association that has been approved by the competent authority; or (b) a copy of the registration of the deed of merger or consolidation and the deed of amendment to the Articles of Association in the company register if the amendment to the Articles of Association does not require approval from the competent authority; (2) announces the LPIP resulting from the merger or consolidation in at least 1 (one) daily newspaper in Indonesian with national circulation, the official website of the LPIP, the official social media account of the LPIP, and in the Supplement of the State Gazette of the Republic of Indonesia no later than 10 (ten) working days since the date the merger or consolidation license becomes effective; and (3) carries out other administrative actions related to the LPIP that is dissolved due to the merger or consolidation in accordance with the provisions of laws and regulations, including matters related to the administrative completeness of parties who will access information from the LPIP that is dissolved due to the merger or consolidation.
2) Takeover of LPIP
a) A request to obtain approval for a takeover is submitted by the prospective shareholder who will take over the LPIP and the LPIP that will be taken over to OJK. b) The request for takeover as referred to in letter a) is accompanied by data on the plan for the takeover and/or documents at least:
(1) approval from the GMS regarding the plan for the takeover; (2) information regarding the name, number of shares, nominal amount, and percentage of share ownership at the time the request for takeover is submitted and after the takeover; (3) information regarding share ownership up to the ultimate shareholder; (4) draft of the deed of takeover and reasons for the takeover from the shareholder who will take over and the LPIP that will be taken over; (5) information regarding the latest finances of the prospective shareholder who will take over for at least the last 3 (three) years. In the event that the prospective shareholder conducts business activities for less than 3 (three) years then:
(a) information regarding finances during the duration of its business activities; and (b) additional documents in the form of the parent company's financial report for at least the last 3 (three) years and the deed of amendment to the Articles of Association or deed of establishment of the parent company; (6) the business plan for the first 3 (three) years after the takeover; and (7) other documents if necessary. c) In order to provide approval for the takeover, OJK conducts:
(1) analysis of the data on the plan for the takeover and/or documents as referred to in letter b); and (2) assessment of competence and propriety for prospective controlling shareholders as the party that will take over the LPIP. d) OJK provides approval or rejection of the request for a takeover within a maximum of 60 (sixty) working days after the request documents are received completely. e) LPIP that has obtained approval from OJK, follows up on the takeover request process in accordance with the provisions of laws and regulations regarding takeovers. f) The takeover of LPIP becomes effective since:
a) the date of approval of the amendment to the Articles of Association by the competent authority; or b) the date of registration of the deed of takeover and the deed of amendment to the Articles of Association in the company register if the amendment to the Articles of Association does not require approval from the competent authority. g) Since the takeover becomes effective, the LPIP that is taken over:
a) submits a report on the implementation of the takeover to OJK no later than 10 (ten) working days since the takeover becomes effective, accompanied by documents as follows:
(1) a copy of the amendment to the Articles of Association that has been approved by the competent authority; or (2) a copy of the registration of the deed of takeover and the deed of amendment to the Articles of Association in the company register if the amendment to the Articles of Association does not require approval from the competent authority; and (3) announces the LPIP resulting from the takeover in at least 1 (one) daily newspaper in Indonesian with national circulation, the official website of the LPIP, the official social media account of the LPIP, and in the Supplement of the State Gazette of the Republic of Indonesia no later than 10 (ten) working days since the date the takeover license becomes effective.
IX. RIGHTS AND OBLIGATIONS OF LPIP
In carrying out its operations, LPIP has the obligation:
a. to maintain the accuracy, timeliness, security, and confidentiality of data; b. to have a reliable system;
c. to have operational policies and procedures that are formulated in written guidelines; and
d. to have guidelines that must be complied with by every party using Credit Information.
LPIP must have operational policies and procedures that are formulated in written guidelines at least:
a. steps for data security activities, which contain among others:
1) data security to maintain the accuracy, validity, timeliness, security, and confidentiality of data while still paying attention to applicable provisions. This security function is carried out so that the managed data is protected from loss, damage, misuse, and/or theft;
2) management of assets related to data security, for example:
a) security of computer devices, servers, and buildings; b) operational security; and c) security of information technology aspects (aspects of security, confidentiality, reliability, system and data availability, and authenticity of information technology systems);
3) identification of risk sources that may arise in LPIP operational activities; and
4) policies in handling information security issues;
b. regulation of access levels, which contains at least:
1) control and management of access rights adequately according to the authority established, including prohibitions and sanctions for misuse of access rights;
2) appointment and granting of authority to officers related to data and information system management; and
3) separation of access rights for input, process, and output functions;
c. data change procedures, which contain at least:
1) regulation of parties who can carry out data changes;
2) procedures and mechanisms for data changes;
3) recording of data change activities; and
4) officials responsible for data changes;
d. security procedures for Credit Information are carried out with activities at least as referred to in letter a; e. business continuity plan, which contains at least:
1) activity plans to ensure that the business continuity plan can be implemented effectively to ensure that LPIP activities can continue to run during disruptions;
2) implementation of tests on the business continuity plan for all application systems and infrastructure at least 1 (one) time in 1 (one) year involving users and reported to OJK;
3) implementation of evaluations on the business continuity plan at least 1 (one) time in 1 (one) year; and
4) implementation of updates to the business continuity plan, if necessary;
f. end-user computing regulation, which contains at least:
1) use of end-user computing for functions outside the main functions of the LPIP system; and
2) monitoring of the development and use of end-user computing applications developed;
g. data recovery plan, which contains at least the steps to be taken in the event of a disaster to ensure the operational continuity of LPIP; h. monitoring of operations including audit trails, among others carried out with monitoring of logs for every activity in the system;
i. procedures for providing Credit Information, which contain at least:
1) regulation of parties who can obtain Credit Information;
2) the existence of supporting documents in the form of printed copies, electronic documents, or other forms; and
3) the method of providing Credit Information which contains at least procedures, requirements, administration, and costs of providing Credit Information;
j. procedures for handling and resolving complaints in accordance with the provisions in this OJK Circular; and k. data retention schedule accompanied by provisions that in the event of license revocation, the established retention schedule will automatically end.
LPIP has guidelines that must be complied with by every party using Credit Information, regulating at least:
a. the relationship between LPIP and parties using Credit Information, which contains at least:
1) the rights and obligations of each party;
2) the purpose and limitations of the use of Credit Information;
3) the mechanism for handling and resolving complaints; and
4) the mechanism for dispute resolution.
b. the relationship between LPIP and data sources, which contains at least:
1) the rights and obligations of each party;
2) the purpose and limitations of data management;
3) the mechanism for data updating and correction;
4) the obligation of data sources to guarantee the legality of data use in accordance with applicable provisions;
5) the obligation of data sources to notify Debtors or Customers in writing regarding the utilization of Credit or Financing Data and/or Other Data by LPIP, OJK, and/or users of Credit Information based on the provisions of laws and regulations;
6) the mechanism for handling and resolving complaints; and
7) the mechanism for dispute resolution.
X. DATA MANAGEMENT BY LPIP
| No. | Scope of Credit and/or Financing Data | Description |
|---|---|---|
| 1 | All Credit or Financing Data for the category of Debtors - Micro, Small, and Medium Enterprise Debtors. | All credit or financing facilities, including joint accounts (i.e., segments F01 and F02 in accordance with OJK provisions regarding reporting and requests for debtor information through the financial information service system) with the category of Debtors - Micro, Small, and Medium Enterprise Debtors. |
| 2 | Credit or Financing Data for the category of Debtors - not micro, small, and medium enterprise debtors up to IDR 5,000,000,000 (five billion rupiah) | - Credit or financing facilities, including joint accounts (i.e., segments F01 and F02 in accordance with OJK provisions regarding reporting and requests for debtor information through the financial information service system) for Debtors other than the category of Micro, Small, and Medium Enterprise Debtors who have a limit up to IDR 5,000,000,000 (five billion rupiah). |
No. Data Coverage
Credit and/or
Financing
Description regarding reporting and requests for de debtor information through the financial information service system) with a nominal value up to Rp5,000,000,000 (five billion rupiah). Debtor Information obtained by LPIP from the Financial Information Service System does not include facilities for the provision of funds with a condition code of write-off and debt write-off, as well as collateral with the type of giro, savings, and deposits.
3) In order to obtain Credit or
Financing Data as referred to in item 1) and item 2), LPIP requests Debtor or Customer information through SLIK using an interactive inter-application mechanism between LPIP and SLIK, as follows:
a) LPIP transmits information for data matching search, namely:
1) Exact Matching, namely:
Type of Debtor or Customer
Debtor or
Customer Information
Individual
Debtor or Customer Identity Number
(NIK or Passport Number).
Corporate
Debtor or
Customer
Debtor or Customer Identity Number
(Tax ID Number, TaxID/number of a similar type).
2) Similar Matching, which is optional, namely:
Type of Debtor or Customer
Debtor or
Customer Information
Individual
Debtor or Customer Name
Date of Birth
Place of Birth
Tax ID Number
Corporate
Debtor or
Customer
Company Name
Date of Establishment
Place of Establishment b) If data is found, the final result of the request for Debtor or Customer information will be obtained by LPIP in the form of feedback data (information) from SLIK as regulated by OJK. c) In order to administer access rights to obtain data:
(1) LPIP submits a list of names of employees and/or officials authorized to obtain user access rights of at least 2 (two) people and at most 3 (three) people.
(2) OJK grants access rights to employees and/or officials authorized via automatic email accompanied by a security code (password). The employees and/or officials mentioned must change the security code no later than 3 (three) days since the email was sent. In the event of changes to the employees and officials authorized as referred to in item (1), LPIP reports the changes to OJK accompanied by a request to obtain access rights and security codes (passwords) for the new employees and officials no later than 1 (one) working day since the change occurred.
4) Requests for Debtor or Customer information as referred to
in item 2) shall be implemented no later than November 30, 2023.
5) To obtain Debtor or Customer information from
OJK, LPIP prepares a data reception system that is consistent with the information system technology used by OJK, including notification of receipt and error data validation. LPIP must independently record requests for Debtor or Customer information, whether data is found or not found, for the purpose of audit trail.
6) After obtaining the principle approval for the business establishment process, LPIP will receive an example of Debtor or Customer information from OJK used for internal technical preparation by LPIP.
7) After obtaining a business license from OJK, LPIP begins to
submit requests for Debtor or Customer information to OJK no later than 60 (sixty) working days counted from the date the business license is issued.
8) Offline Data Request and Acquisition
Offline data requests and acquisitions are conducted as follows:
a) Offline data requests and acquisitions are conducted if online data requests and acquisitions cannot be executed due to network constraints. b) Offline data requests and acquisitions as referred to in letter a) are conducted using devices and networks available at OJK. c) In order to process the identification of employees and/or officials authorized to obtain data offline, LPIP issues a letter of assignment to the employees and/or officials mentioned, which is subsequently submitted to OJK. b. In order to expand and enrich data coverage, LPIP can cooperate with Financial Institutions and/or non-Financial Institutions to obtain Credit or Financing Data and/or Other Data based on:
1) an agreement between LPIP and Financial Institutions
and/or non-Financial Institutions that contains at least the provisions as referred to in item IX item 3 letter b; and
2) provisions of legislation, including provisions of legislation regarding
consumer protection, provisions of legislation regarding public information openness, and provisions of legislation in the financial services sector.
2. Cost of Data Acquisition
a. LPIP is subject to data acquisition costs, calculated as follows:
1) a subscription fee of IDR 150,000,000.00 (one hundred fifty
million rupiah) per month and gaining access to 1,000,000 (one million) Debtor or Customer information; and
2) a fee of IDR 2,000.00 (two thousand rupiah) per
Debtor or Customer information for access above 1,000,000 (one million) Debtor or Customer information.
Example of data acquisition cost calculation according to the Appendix which is an integral part of this OJK Circular. b. Payment of data acquisition costs as referred to in letter a) is conducted in 4 (four) stages, calculated as follows:
1) Payment of data acquisition costs for Quarter I is invoiced
no later than April 5 and paid no later than April 30 for SLIK data access for January, February and March of the current year;
2) Payment of data acquisition costs for Quarter II is invoiced
no later than July 5 and paid no later than July 31 for SLIK data access for April, May and June of the current year;
3) Payment of data acquisition costs for Quarter III is invoiced
no later than October 5 and paid no later than October 31 for SLIK data access for July, August and September of the current year; and
4) Payment of data acquisition costs for Quarter IV is invoiced
no later than January 5 and paid no later than January 31 of the following year for access to SLIK data for October, November and December of the current year.
If the due date for invoicing and payment falls on a Saturday, Sunday, or public holiday, then payment is made on the next working day.
c. Calculation of data acquisition costs as referred to
in letter a) does not include tax obligations if applicable. d. Deposit of data acquisition costs follows the mechanism regulated in OJK regulations regarding the mechanism for payment of financial services authority levies. e. LPIP is subject to a subscription fee of IDR 150,000,000.00 (one hundred fifty million rupiah) per month since the issuance of this Circular for SLIK data provided by OJK periodically according to OJK regulations regarding reporting and de debtor information requests through the financial information service system up until the request for Debtor or Customer information through the interactive inter-application mechanism between LPIP and SLIK as referred to in item 1 letter a item 2) is available. f. For LPIPs that commence their business activities after January, the first periodic cost payment is calculated pro-rata until the end of the current quarter, and for the next quarter it will be charged as referred to in letter b. g. If necessary, OJK may determine adjustments to the values as referred to in letter a) at any time by considering the development and needs of LPIP and the financial industry as a whole.
6. The procedure for identifying the initial information purpose of information use and its administration follows guidelines compiled by each respective LPIP.
7. After the initial identification process and LPIP provides Credit Information, the party wishing to obtain Credit Information submits the documents that serve as the basis for the request for Credit Information (underlying document) as referred to in item 1 to LPIP no later than 5 (five) working days after the provision of Credit Information by LPIP.
The initial information and administration of documents that serve as the basis for the request for Credit Information (underlying document) are sources of clarification and proof of the suitability of the purpose of use of Credit Information if needed, and will become one of the audit scopes conducted by internal and external auditors of LPIP.
8. LPIP provides Credit Information based on the initial identification as referred to in item 2 and members and/or parties who wish to obtain Credit Information submit the documents that serve as the basis for the request for Credit Information (underlying document) as referred to in item 4 starting from July 1, 2023.
9. Requests for Credit Information by other parties in the context of implementing provisions of legislation and/or based on a memorandum of understanding between LPIP by submitting the purpose and objective of the request for Credit Information and the name of the authorized official.
XII. HANDLING AND RESOLUTION OF COMPLAINTS
1. In order to handle and resolve complaints from Debtors or Customers, LPIP takes steps in accordance with policies and procedures for handling and resolving complaints which include at least:
a. receipt of complaints, both orally and in writing; b. handling and resolution of complaints which include at least:
1) investigation of the complained issues based on documents and/or data owned by
LPIP;
2) coordination with parties providing Credit or Financing Data and/or Other Data;
3) correction of inaccuracies in the processed results of Credit or Financing Data and/or Other Data; and
4) resolution timeframes;
c. monitoring of the handling and resolution of complaints; and
d. organizational devices handling complaints formed in accordance with the scale and complexity of LPIP's business activities.
2. LPIP conducts socialization or publication including regarding
the benefits of Credit Information and procedures for complaints regarding data inaccuracies through websites as proof of transparency to the public, specifically to increase public awareness regarding the importance of the accuracy of Credit or Financing Data and/or Other Data contained in Credit Information.
3. In the event of a complaint from a Debtor or Customer regarding
data inaccuracies caused by LPIP, LPIP resolves or handles the complaint no later than 20 (twenty) working days since the date of receipt of the complaint.
In the event that LPIP cannot resolve the Debtor or Customer complaint within that timeframe, LPIP can request an extension of the complaint resolution timeframe to the Debtor or Customer no later than 20 (twenty) working days. Requests for extension of the timeframe are submitted to the Debtor or Customer 5 (five) working days before the expiration of the complaint resolution deadline.
4. The results of complaint resolution or handling are communicated by LPIP to the Debtor or Customer in writing and/or using information technology media as agreed upon with the Debtor or Customer.
5. In the event of a complaint from a Debtor or Customer due to
data inaccuracies provided by Financial Institutions as data sources, LPIP notifies the Financial Institution data source with the following provisions:
a. in the event that the Financial Institution data source is a member of LPIP, then complaints regarding such inaccuracies are submitted directly to the respective Financial Institution with a copy to OJK; or b. in the event that the Financial Institution data source is not a member of LPIP, then LPIP forwards the complaint regarding such inaccuracies to OJK for subsequent forwarding to the Financial Institution data source.
6. In following up on notifications as referred to in item 5, the Financial Institution data source is subject to provisions issued by each respective competent authority regarding the handling of complaints from Debtors or Customers.
7. In the event that corrections to data that are the subject of complaints are necessary, the Financial Institution data source submits corrected data with the following provisions:
a. in the event that the inaccurate data is data submitted through OJK, then the Financial Institution data source submits corrections to such data through OJK; or b. in the event that the inaccurate data is data submitted directly to LPIP, then the Financial Institution data source submits corrections to such data directly to LPIP.
8. In the event of a complaint from a Debtor or Customer due to
data inaccuracies provided by non-Financial Institutions as data sources, LPIP notifies the non-Financial Institution data source with a copy to OJK and the authority overseeing/competent (if any).
XIII. SUPERVISION
3) management policies and strategies;
4) projected financial statements along with the assumptions used for the next 3 (three) years. This section also elaborates on the macro and micro assumptions used in compiling the aforementioned financial projections;
5) capital planning;
6) information system technology development plans;
7) plans for issuing products and/or conducting new activities;
8) office opening plans;
9) human resources and organizational development plans;
10) plans for utilizing foreign labor; and
11) other matters.
XIV. CESSATION OF BUSINESS ACTIVITIES AND REVOCATION OF BUSINESS LICENSES
a. In the event that an LPIP intends to cease its business activities, the LPIP submits a written application for cessation of business activities to the OJK, following the format in the Appendix which is an integral part of this OJK Circular, accompanied by the following documents:
1) a notarial copy of the Minutes of the General Meeting of Shareholders (RUPS) regarding the LPIP's plan to cease business activities;
2) reasons for cessation;
3) a plan to settle all obligations (action plan) of the LPIP, including at least:
a) a plan to settle complaints from Debtors or Customers regarding data inaccuracies caused by LPIP errors or data source errors; b) a plan to transfer Credit Data or Financing Data and/or Other Data to the OJK or another party designated by the OJK; c) a plan for data destruction in accordance with applicable legislation; d) a plan to terminate agreements between the LPIP and other parties; and e) a plan to settle other obligations, including payment of due taxes, payment of obligations to other parties, payment of due salaries, payment of office costs, and other relevant costs;
4) the latest financial statements; and
5) proof of tax settlement based on the examination results of the Tax Service Office for the last 3 (three) years prior to the application date.
b. After receiving the cessation of business activities letter from the OJK, the LPIP carries out the following:
1) ceases all LPIP business activities;
2) announces the cessation of business activities as an LPIP and the LPIP's plan to settle obligations in 1 (one) daily newspaper with national circulation, the LPIP's official website, and the LPIP's official social media accounts at least 10 (ten) working days from the date of issuance of the cessation of business activities letter;
3) immediately settles all LPIP obligations; and
4) appoints a public accounting firm to verify the settlement of LPIP obligations.
c. If all LPIP obligations as referred to in letter b have been settled, the LPIP submits an application for revocation of the business license to the OJK, following the format in the Appendix which is an integral part of this OJK Circular, accompanied by a report containing at least:
1) implementation of the cessation of business activities;
2) implementation of the announcement of the cessation of LPIP business activities;
3) implementation of the settlement of LPIP obligations;
4) verification report from the public accounting firm regarding the settlement of LPIP obligations; and
5) a stamped declaration letter from shareholders stating that the steps to settle LPIP obligations have been completed and that any future claims will be the responsibility of the shareholders.
d. Based on the application for revocation of the business license from the LPIP, the OJK conducts research and/or examination of the settlement of all LPIP obligations to ensure compliance with the implementation of the settlement of LPIP obligations as referred to in letter a number 3).
e. Based on the research and/or examination as referred to in letter d, the OJK issues a decision letter revoking the LPIP's business license.
a. The OJK revokes the LPIP's business license in the event:
1) the LPIP violates OJK regulations with sanctions in the form of revocation of the business license; and/or
2) there is a final and binding court decision that causes the LPIP to be unable to conduct its business activities.
b. The revocation of the LPIP's business license as referred to in letter a is carried out by issuing a decision letter.
c. The OJK's decision letter revoking the business license includes, among others, an order to destroy data.
d. After revoking the business license, the OJK announces the revocation of the business license on the OJK website.
a. In the event that an LPIP's business license is revoked based on the LPIP's application, the data destruction activity plan is submitted together with the application for cessation of business activities by the LPIP.
b. The data destruction plan as referred to in letter a contains at least:
1) the time of data destruction implementation;
2) a list of data types managed and to be destroyed, including Credit Data or Financing Data and/or Other Data obtained by the LPIP directly from Other Data sources outside the OJK. Such Credit Data or Financing Data and/or Other Data may be electronic and non-electronic data (printed documents);
3) parties invited as witnesses in the implementation of data destruction. The parties acting as witnesses come from the LPIP's data sources, amounting to at least 2 (two) people; and
4) the mechanism or method of destruction to be used.
c. In the event that an LPIP's business license is revoked by the OJK, data destruction as referred to in number 3 is carried out at the latest 10 (ten) working days from the date the decision letter revoking the business license is received by the LPIP.
d. Data destruction at the LPIP as referred to in number 3 is carried out by including at least the following documents:
1) a stamped declaration letter containing data destruction from the LPIP management;
2) minutes of data destruction signed by the LPIP and witnesses containing at least the following information:
a) time of data destruction implementation (day, date, month, year); b) data destroyed, containing at least the type, quantity, and source of data; c) the party destroying the data; and d) the party witnessing the destruction.
e. Data destruction is carried out in accordance with the procedures regulated in applicable legislation regarding the management of electronic archives.
XV. PROCEDURE FOR IMPOSITION OF SANCTIONS
Payment of administrative fines by the LPIP to the OJK is carried out with reference to applicable legislation regarding OJK levies.
This copy is consistent with the original
Legal Director 1
Legal Department signed
Mufli Asmawidjaja
XVI. CORRESPONDENCE ADDRESS
Submission of application letters and reports is addressed to the OJK at the following address:
Permit and Banking Information Department
Financial Services Authority (OJK)
Jl. M.H.Thamrin No.2
Jakarta 10350
XVII. CLOSING
Established in Jakarta on December 22, 2022
EXECUTIVE HEAD OF BANKING SUPERVISOR
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA, signed
DIAN EDIANA RAE
APPENDIX
CIRCULAR OF THE FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
NUMBER 27 /SEOJK.03/2022
CONCERNING
CREDIT INFORMATION MANAGEMENT INSTITUTIONS
ii
TABLE OF CONTENTS
TABLE OF CONTENTS...........................................................................................................ii
1. Administrative requirement documents for prospective Controlling Principal Parties of LPIP………………………………………………………………………………………. - 1 -
2. Administrative requirement documents for prospective Controlling Principal Parties of LPIP through the takeover process ….......................................................... - 6 -
3. Questionnaire for Prospective Ultimate Controlling Shareholders (Ultimate Shareholders of LPIP) – Individuals........................................................... - 11 -
4. Questionnaire for Prospective Controlling Principal Parties/Controlling Parties/Ultimate Shareholders of LPIP – Legal Entities....................................................... - 17 -
5. Administrative requirement documents for prospective LPIP Board of Directors members..... - 22 -
6. Administrative requirement documents for prospective LPIP Board of Commissioners members - 24 -
7. Questionnaire for prospective LPIP Board of Directors members and prospective LPIP Board of Commissioners members...................................................................................................... - 26 -
8. Compliance checklist for completeness of application documents for nomination of LPIP Board of Directors members ...................................... - 32 -
9. Compliance checklist for completeness of application documents for nomination of LPIP Board of Commissioners members....................... - 36 -
10. Example of domicile data and information update report........................ - 40 -
11. Explanation of LPIP Ownership Structure.................................................. - 44 -
12. Example of BHI share ownership in LPIP ........................................... - 45 -
13. Example of maximum foreign ownership in LPIP ................. - 47 -
14. Example of maximum ownership by 1 (one) party in 1 (one) LPIP ... - 51 -
15. Example of maximum ownership by 1 (one) party in several LPIP. - 53 -
16. Example of letter of application for principle approval of LPIP establishment ............. - 55 -
17. Example of letter of application for LPIP business license ........................................... - 57 -
18. Document checklist for the application for increase in paid-up capital .................................................................................................. - 59 -
20. Example of LPIP paid-up capital increase report after OJK approval - 63 -
21. Example of letter of application for approval of change in LPIP share ownership composition .......................................................................................... - 64 -
22. Example of letter of application for approval of change in composition of LPIP Board of Directors members and/or LPIP Board of Commissioners members .............................................. - 66 -
23. Example of data acquisition cost calculation ............................................ - 68 -
24. Quarterly financial report format................................................... - 69 -
25. Report submission format ............................................................... - 72 -
a. Example of monthly report submission letter..................................... - 72 -
iii b. Example of quarterly report submission letter................................. - 75 -
c. Example of semi-annual report submission letter................................ - 76 -
d. Example of annual report submission letter .................................... - 77 - e. Example of annual business plan submission letter ......................... - 78 -
26. Letter of application for approval of cessation of business activities................ - 79 -
27. Example of letter of application for approval of revocation of business license ............ - 80 -
28. Example of report on new product issuance plan ................................. - 81 -
29. Example of report on new product issuance realization ................................. - 83 -
a. Deed of establishment including the articles of association of the legal entity along with any amendments that have received approval from the competent authority, except for local governments.
b. Documents stating the identity of all Board of Directors members and Board of Commissioners members for limited liability companies, or managers for cooperatives or other legal entities;
1) copies of identification cards (KTP), passports, or other valid identities;
2) curriculum vitae;
3) recent 4 x 6 cm passport-sized photos;
4) copy of the Taxpayer Identification Number (NPWP) of the legal entity; and
5) copy of the Taxpayer Identification Number (NPWP) of each Board of Directors member and Board of Commissioners member for limited liability companies or equivalent positions for other legal entities.
c. List of shareholders along with details of each shareholding for limited liability companies, recapitulation of principal and mandatory savings and gift lists for cooperatives, or asset lists for foundations or other legal entities.
d. Financial statements of the prospective Controlling Principal Party for the last 2 (two) years prior to the application letter date, including balance sheets, income statements, cash flow statements, statements of changes in equity, and notes to the financial statements that must be audited by a public accountant, except for local governments.
1) Analysis of the financial capability of the prospective Controlling Principal Party at present and its projections for a minimum period of 3 (three) years prepared by an independent consultant.
2) A stamped declaration letter from all Board of Directors members and Board of Commissioners members for limited liability companies or equivalent positions for other legal entities stating that the funds used for the purchase of shares:
a) do not originate from credits or financing from banks and/or other parties; and b) do not originate from criminal proceeds and for the purposes of money laundering, terrorism financing, and financing of proliferation of weapons of mass destruction.
3) Stamped declaration letters, as follows:
a) A legal entity declaration letter from all Board of Directors members and Board of Commissioners members for limited liability companies or equivalent positions for other legal entities, containing at least that the concerned party:
(1) is committed to complying with applicable laws and regulations, particularly in the field of LPIP and supporting OJK policies; (2) is committed to taking necessary measures if the LPIP faces capital, liquidity, or solvency difficulties in conducting its business activities; (3) has never been sentenced for proven criminal acts that have been decided by a court and have acquired permanent legal force, in the form of:
(a) criminal acts in the financial services sector whose sentences have been completed within the last 20 (twenty) years prior to nomination; (b) criminal offenses, namely criminal acts stipulated in the Criminal Code (KUHP) and/or similar foreign criminal codes with a prison sentence threat of 1 (one) year or more whose sentences have been completed within the last 10 (ten) years prior to nomination; and/or (c) other criminal acts with a prison sentence threat of 1 (one) year or more, including corruption, money laundering, narcotics/psychotropics, smuggling, customs, excise, human trafficking, illegal arms trade, terrorism, counterfeiting money, in the field of taxation, forestry, environment, marine, and fisheries, whose sentences have been completed within the last 20 (twenty) years prior to nomination, and is not currently prohibited from becoming a Principal Party, which is listed among others in the disqualification list. (4) will not transfer LPIP share ownership held, within a certain period (minimum 5 (five) years); (5) is willing to strengthen capital if deemed necessary by the OJK; (6) has never been declared bankrupt and/or has never been a shareholder or controlling party declared guilty causing a company to be declared bankrupt within the last 5 (five) years prior to nomination; (7) does not have non-performing credits/financing and/or overdue and problematic debts; (8) is not a controlling party of a legal entity that has non-performing credits/financing and/or overdue and problematic debts; (9) is not undergoing legal processes, is not undergoing capability and propriety assessments at a financial services institution and/or is not in the process of re-evaluation due to indications of integrity, financial viability/reputation, and/or competence issues at a financial services institution; (10) is committed to the healthy operational development of the LPIP; b) A declaration letter from each Board of Directors member and each Board of Commissioners member of the aforementioned legal entity, containing at least:
(1) commitment to comply with applicable laws and regulations, particularly in the field of LPIP and supporting OJK policies; (2) has never been sentenced for proven criminal acts that have been decided by a court and have acquired permanent legal force, in the form of:
(a) criminal acts in the financial services sector whose sentences have been completed within the last 20 (twenty) years prior to nomination; (b) criminal offenses, namely criminal acts stipulated in the Criminal Code (KUHP) and/or similar foreign criminal codes with a prison sentence threat of 1 (one) year or more whose sentences have been completed within the last 10 (ten) years prior to nomination; and/or (c) other criminal acts with a prison sentence threat of 1 (one) year or more, including corruption, money laundering, narcotics/psychotropics, smuggling, customs, excise, human trafficking, illegal arms trade, terrorism, counterfeiting money in the field of taxation, forestry, environment, marine, and fisheries, whose sentences have been completed within the last 20 (twenty) years prior to nomination, and is not currently prohibited from becoming a Principal Party, which is listed among others in the disqualification list. (3) has never been declared bankrupt and/or has never been a shareholder, controlling party, Board of Directors member, or Board of Commissioners member declared guilty causing a company to be declared bankrupt within the last 5 (five) years prior to the application date; (4) does not have non-performing credits/financing and/or overdue and problematic debts; (5) is not a controlling party, Board of Commissioners member, or Board of Directors member of a legal entity that has non-performing credits/financing and/or overdue and problematic debts; (6) is not undergoing legal processes, is not undergoing capability and propriety assessments at a financial services institution, and/or is not in the process of re-evaluation due to indications of integrity, financial viability/reputation, and/or competence issues at a financial services institution; (7) is committed to the healthy operational development of the LPIP; (8) will not commit and/or repeat acts and/or actions that cause the concerned party to be included as a party prohibited from becoming a Principal Party (for nominees who have previously been prohibited from being a Principal Party).
4) The entire business group structure related to the LPIP legal entity up to the ultimate controlling shareholders.
5) A stamped declaration letter from the prospective Controlling Principal Party regarding willingness to provide data and information related to the business group structure to the OJK for supervisory purposes.
a. Proof of announcement of the summary of the takeover draft, at least 30 (thirty) days prior to the implementation of the RUPS. The announcement contains at least:
1) the name and domicile of the LPIP being taken over and the party taking over, accompanied by the identity of the party taking over;
2) the composition of shareholders before and after the takeover; and
3) the estimated duration of the takeover implementation.
b. The takeover draft prepared by the Board of Directors of the LPIP to be taken over together with the party taking over, containing at least the following:
1) Name and domicile of the LPIP to be taken over and the party taking over, accompanied by identity documents of the party taking over:
a) deed of establishment including the articles of association of the legal entity along with any amendments that have received approval from the competent authority, except for local governments. b) documents stating the identity of all Board of Directors members and Board of Commissioners members for limited liability companies, or managers for cooperatives or other legal entities:
(1) copies of identification;
(2) curriculum vitae;
(3) recent 4 x 6 cm passport-sized photos; and (4) copy of the Taxpayer Identification Number (NPWP) of each Board of Directors member and Board of Commissioners member for limited liability companies or equivalent positions for other legal entities.
2) Financial statements for at least the last 1 (one) fiscal year from the LPIP to be taken over and for the last 2 (two) years from the legal entity that will take over the LPIP, consisting of at least balance sheets, income statements, and statements of changes in equity along with notes to the financial statements audited by a public accountant.
3) Analysis of current financial capability and its projections from the legal entity taking over for a minimum period of 3 (three) years prepared by an independent consultant.
4) Draft amendment to the articles of association of the LPIP to be taken over.
5) Quantity and value of LPIP shares to be taken over along with the composition of shareholders after the takeover.
6) Readiness of funding from the party taking over.
7) Estimated duration of the takeover implementation.
8) A stamped declaration letter from the party taking over that the funds used:
a) do not originate from credits or financing from banks and/or other parties; and b) do not originate from criminal proceeds and for the purposes of money laundering, terrorism financing, and financing of proliferation of weapons of mass destruction.
c. Concept of the takeover deed approved by the RUPS of the LPIP to be taken over and the party taking over.
d. Stamped declaration letters from the party taking over, as follows:
1) A legal entity declaration letter from all Board of Directors members and Board of Commissioners members for limited liability companies or equivalent positions for other legal entities, containing at least that the concerned party:
a) is committed to complying with applicable laws and regulations, particularly in the field of LPIP and supporting OJK policies; b) is committed to taking necessary measures if the LPIP faces capital, liquidity, or solvency difficulties in conducting its business activities; c) has never been sentenced for proven criminal acts that have been decided by a court and have acquired permanent legal force, in the form of:
(1) Criminal offenses in the financial services sector where the sentence has been fully served within the last 20 (twenty) years prior to nomination; (2) Criminal offenses, namely offenses listed in the Criminal Code (KUHP) and/or equivalent foreign criminal codes with a prison sentence threat of 1 (one) year or more, where the sentence has been fully 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 trade, terrorism, counterfeiting money, tax offenses, forestry offenses, environmental offenses, maritime, and fisheries offenses, where the sentence has been fully served within the last 20 (twenty) years prior to nomination, and is not currently prohibited from becoming a Principal Party, which includes being listed in the disqualification list; d) not transferring ownership of LPIP shares held, within a specific period (minimum 5 (five) years); e) willing to strengthen capital, if deemed necessary by OJK; f) never declared bankrupt and/or never been a controlling shareholder found guilty of causing a company to be declared bankrupt within the last 5 (five) years prior to nomination; g) not having non-performing loans/financing and/or overdue and problematic debts; h) not being the controller of a legal entity that has non-performing loans/financing and/or overdue and problematic debts;
i) not currently undergoing legal processes, not currently undergoing suitability and propriety assessments at a financial services institution, and/or not currently undergoing re-assessment due to indications of integrity issues, financial viability/reputation, and/or competence at a financial services institution; j) committed to the healthy operational development of LPIP.
2) A letter of statement from each member of the board of directors and each member of the board of commissioners of the aforementioned legal entity, which shall contain at least:
a) commitment to comply with laws and regulations, particularly in the field of LPIP, and support OJK policies; b) never sentenced for proven criminal offenses that have been decided by a court and have acquired permanent legal force, consisting of:
(1) criminal offenses in the financial services sector where the sentence has been fully served within the last 20 (twenty) years prior to nomination; (2) criminal offenses, namely offenses listed in the Criminal Code (KUHP) and/or equivalent foreign criminal codes with a prison sentence threat of 1 (one) year or more, where the sentence has been fully 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 trade, terrorism, counterfeiting money, tax offenses, forestry offenses, environmental offenses, maritime, and fisheries offenses, where the sentence has been fully served within the last 20 (twenty) years prior to nomination, and is not currently prohibited from becoming a Principal Party, which includes being listed in the disqualification list; c) never declared bankrupt and/or never been a controlling shareholder, member of the board of directors, or member of the board of commissioners found guilty of causing a company to be declared bankrupt within the last 5 (five) years prior to the date of application submission; d) not having non-performing loans/financing and/or overdue and problematic debts; e) not being a controller, member of the board of commissioners, or member of the board of directors of a legal entity that has non-performing loans/financing and/or overdue and problematic debts; f) not currently undergoing legal processes, not currently undergoing suitability and propriety assessments at a financial services institution, and/or not currently undergoing re-assessment due to indications of integrity issues, financial viability/reputation, and/or competence at a financial services institution; g) committed to the healthy operational development of LPIP; and h) will not commit and/or repeat acts and/or actions that cause the party to be included as a party prohibited from becoming a Principal Party (for candidates who were previously prohibited as Principal Parties);
e. The entire business group structure related to the LPIP legal entity up to the ultimate shareholders. f. A stamped letter of statement from the candidate controlling Principal Party regarding willingness to provide data and information related to the business group structure to OJK for supervisory purposes.
| No. | Question | Answer/Explanation |
|---|---|---|
| a. | Full name | |
| b. | Other names (if any) | |
| c. | Place and date of birth (dd/mm/yyyy) | |
| d. | Address according to ID card | |
| e. | Domicile address (if different from address according to letter d) | |
| f. | Professional qualifications and their periods (state completely) | |
| g. | Taxpayer Identification Number (NPWP) | |
| h. | Total value of all assets as of the end of December of the last year. (attach copy of supporting documents) | |
| i. | Total value of all liabilities as of the end of December of the last year. (attach copy of supporting documents) | |
| j. | Total income and earnings in the last 3 (three) years. (attach copy of supporting documents) | |
| k. | Total income tax payments in the last 3 (three) years. (attach copy of supporting documents). | |
| l. | Estimated income to be obtained in the current year. | |
| m. | Explain the source of funds that you will use to buy/take over LPIP shares, e.g., from: a. Personal wealth. b. Domestic loans. c. Foreign loans. d. Others (state the source). (answers must be accompanied by supporting documents). | |
| n. | Explain the companies you own (directly and indirectly). | |
| o. | Explain your obligations and responsibilities at the companies you own as per letter n above. | |
| p. | Are you the last controlling shareholder (Ultimate Shareholders) at another LPIP? Explain. | |
| q. | Are you the (last controlling shareholder) Ultimate Shareholders at a non-LPIP company? Explain. | |
| r. | Does the other LPIP in question letter p above and/or the non-LPIP company in question letter q above have a business relationship with the LPIP whose shares you will own? Explain the type of business relationship in detail. | |
| s. | Do you intend to buy the shares for the purpose of long-term investment? If not, explain. | |
| t. | Do you currently own shares in the LPIP whose shares you will buy (directly or indirectly)? If yes, explain the composition in detail along with the names recorded as shareholders of the LPIP you already own. Explain the reasons if the aforementioned shares are under another party's name. | |
| u. | How many shares will you buy? What is the purchase value? What is your proportion of the total LPIP shares? If you already owned shares of the aforementioned LPIP previously, what is the proportion if added to the number of shares you will buy now? | |
| v. | Do you cooperate or take aligned actions to achieve common goals in controlling the LPIP to be owned (acting in concert) with other shareholders? | |
| w. | Do you cooperate or take aligned actions to achieve common goals in controlling the LPIP to be owned (acting in concert) with other shareholders? | |
| x. | Have you ever been asked to stop working, dismissed, subjected to disciplinary actions/sanctions by a company, or subjected to sanctions prohibiting you from practicing your profession? | |
| y. | When you managed or owned a company, was that company ever declared bankrupt by authorities in Indonesia or another country? | |
| z. | Are you (personally or in association), your company, or your business group ever published and/or the object of investigation by competent authorities regarding criminal offenses and/or other disgraceful acts in the financial field? If Yes, explain including the final result of resolution. | |
| aa. | Do you have a company whose license was ever frozen by authorities in Indonesia or another country? Explain. | |
| bb. | Do you or your company have licenses to conduct business in Indonesia or in other countries? Explain the type of business field, how long, where? If there are licenses that were frozen/cancelled, explain in detail. | |
| cc. | Have you (personally or in association), your company, or your business group ever had a license application rejected in the field of LPIP/financial services institutions by authorities in Indonesia or in other countries? Explain in detail. | |
| dd. | Do you and/or your business group have plans to conduct other businesses in Indonesia or in other countries that will affect the LPIP whose shares you will own? Explain. | |
| ee. | Have you (personally or together), your company, or your business group ever failed to fulfill obligations to other parties based on laws in Indonesia or other countries (e.g., tax payments, credits, etc.)? Explain. | |
| ff. | Is your business activity or your company's business activity or your business group's business activity currently or will be guaranteed by other parties? If Yes, explain by whom and how that guarantee will be implemented. | |
| gg. | Explain the vision, mission, and targets to be achieved in the framework of developing a healthy LPIP and increasing your contribution through LPIP to the national economy. | |
| hh. | Explain your commitment and strategy towards LPIP development through the development of office networks, human resources, products, IT, and others. | |
| ii. | Explain your commitment in maintaining the professionalism of LPIP management. | |
| jj. | What is your strategy in increasing the effectiveness and supervision of internal control systems, risk management systems, and human resource development so that it can implement a work culture in accordance with LPIP governance principles? Explain. | |
| kk. | What is your commitment and strategy in supporting the implementation of healthy LPIP operations? Explain. | |
| ll. | Explain if there is other information that can become OJK's consideration in processing your application. |
The undersigned hereby states that:
(City), ...
(Signature above sufficient stamp)
(Name/Position)
| No. | Question | Answer/Explanation |
|---|---|---|
| a. | Company name and full address | |
| b. | Full name (party representing the company) and Position in the company: | |
| c. | Explain your obligations and responsibilities as the party representing the company: | |
| d. | Place and date of company establishment (dd/mm/yyyy) | |
| e. | Supervisory Body/Regulator of your company: |
The undersigned hereby states that:
(City), ...
(Signature above sufficient stamp)
(Name/Position)
Administrative requirement documents for candidates for LPIP board of directors members
a. List of composition of LPIP board of directors members and board of commissioners members. b. Copy of identification:
1) For Indonesian citizens, an Identity Card (KTP); or
2) For foreigners, an Alien Employment Permit (IMTA) or Limited Stay Permit Card (KITAS).
c. Curriculum vitae.
d. Recent 4 x 6 cm passport photo. e. Example of signature and paraf. f. Letter of certificate/written proof of having knowledge and experience in the field of LPIP and/or financial services institutions. g. A stamped letter of statement stating that the party:
1) is committed to complying with applicable laws and regulations, particularly in the field of LPIP, and supporting OJK policies; and
2) has never been sentenced for proven criminal offenses consisting of:
a) criminal offenses in the financial services sector where the sentence has been fully served within the last 20 (twenty) years prior to nomination; b) criminal offenses, namely offenses listed in the Criminal Code (KUHP) and/or equivalent foreign criminal codes with a prison sentence threat of 1 (one) year or more, where the sentence has been fully served within the last 10 (ten) years prior to nomination; and/or c) 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 trade, terrorism, counterfeiting money, tax offenses, forestry offenses, environmental offenses, maritime, and fisheries offenses, where the sentence has been fully served within the last 20 (twenty) years prior to nomination; and is not currently prohibited from becoming a Principal Party, which includes being listed in the disqualification list, does not have non-performing loans and/or financing and/or overdue and problematic debts;
3) is not a controller, member of the board of commissioners, or member of the board of directors of a legal entity that has non-performing loans and/or financing and/or overdue and problematic debts;
4) has never been declared bankrupt and/or has never been a Controlling Principal Party, member of the board of directors, or member of the board of commissioners found guilty of causing a company to be declared bankrupt within the last 5 (five) years prior to nomination;
5) does not hold concurrent positions at LPIP and/or other companies, except as a manager of an LPIP industry association and/or educational institution for the purpose of increasing LPIP human resource competence and as long as it does not interfere with the execution of duties as a member of the LPIP board of directors;
6) is willing to meet provisions regulating that the majority of board of directors members do not have family relationships up to the second degree with other board of directors members or board of commissioners members;
7) is not currently undergoing legal processes, suitability and propriety assessments, and/or is currently undergoing re-assessment due to indications of integrity issues, financial viability/reputation, and/or competence at a financial services institution;
8) is committed to the healthy operational development of LPIP; and
9) does not commit and/or repeat acts and/or actions that cause the party to be included as a party prohibited from becoming a Principal Party (for candidates who were previously prohibited as Principal Parties).
Administrative requirement documents for candidates for LPIP board of commissioners members
a) List of composition of LPIP board of commissioners members and board of directors members. b) Copy of identification. c) Curriculum vitae. d) Recent 4 x 6 cm passport photo. e. Example of signature and paraf. f. Letter of Certificate/written proof of having experience in the field of LPIP and/or financial services institutions. g. A stamped letter of statement stating that the party:
1) is committed to complying with laws and regulations, particularly in the field of LPIP, and supporting OJK policies;
2) has never been sentenced for proven criminal offenses consisting of:
a) criminal offenses in the financial services sector where the sentence has been fully served within the last 20 (twenty) years prior to nomination. b) criminal offenses, namely offenses listed in the Criminal Code (KUHP) and/or equivalent foreign criminal codes with a prison sentence threat of 1 (one) year or more, where the sentence has been fully served within the last 10 (ten) years prior to nomination; and/or c) 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 trade, terrorism, counterfeiting money, tax offenses, forestry offenses, environmental offenses, maritime, and fisheries offenses, where the sentence has been fully served within the last 20 (twenty) years prior to nomination;
3) is not currently prohibited from becoming a Principal Party, which includes being listed in the disqualification list;
4) does not have non-performing loans and/or financing and/or overdue and problematic debts;
5) is not a controller, member of the board of directors, or member of the board of commissioners of a legal entity that has non-performing credit and/or financing and/or overdue and problematic debt;
6) has never been declared bankrupt and/or has never been a controlling shareholder, member of the board of directors, or member of the board of commissioners who was declared guilty causing a company to be declared bankrupt within the last 5 (five) years before being nominated;
7) does not hold concurrent positions as:
a) member of the board of commissioners exceeding what is permitted in applicable regulations; b) member of the board of directors or executive official at LPIP;
8) is willing to meet regulations governing that the majority of board of commissioners members do not have family relationships up to the second degree with other board of commissioners members or board of directors members;
9) is not undergoing legal processes, is not undergoing ability and propriety assessments at a financial service institution, and/or is not undergoing re-assessment due to indications of integrity issues, financial feasibility/reputation, and/or competence at a financial service institution;
10) is committed to the healthy operational development of LPIP;
11) is willing to present supervision results regarding LPIP when requested by OJK; and
12) does not commit and/or repeat acts and/or actions that cause the individual to be included as a prohibited party to become a Principal Party (for candidates who were previously prohibited from being a Principal Party).
| No. Question | Answer/Explanation |
|---|---|
| a. Identity of the proposed candidate: | |
| a. Full name: | |
| b. Other name (if any): | |
| c. Place, date of birth (dd/mm/yyyy): | |
| d. Address according to ID card/KITAS: | |
| e. Taxpayer Identification Number (NPWP): | |
| b. Party proposing the nomination of you as a member of the board of directors/board of commissioners. | |
| c. Relationship between you and the party proposing the nomination of you as a member of the board of directors/board of commissioners. | |
| d. Companies that you have owned and currently own (including LPIP) individually or jointly and the size of your ownership. | |
| e. Have you or your company (including LPIP) ever had license applications in the field of LPIP/finance rejected by authorities in Indonesia or other countries? | |
| f. Do you have a company (including LPIP) that has ever been declared bankrupt, frozen, revoked, or closed by competent authorities in Indonesia or other countries? | |
| g. Have companies (including LPIP) that you have ever owned or companies (including LPIP) where you have ever worked, ever failed to fulfill obligations to other parties according to law in Indonesia or other countries? | |
| h. Have companies (including LPIP) that you have ever owned and currently owned ever or currently had loans that are overdue and problematic? Explain in detail. | |
| i. Have you personally or in association, your company (including LPIP), ever been published and/or become the object of investigation by legal authorities regarding criminal issues and/or misconduct in the financial field? | |
| j. Have you ever worked at a company (including LPIP) that has ever or currently has loans that are overdue and problematic? Describe your position, responsibilities, and obligations at the company (including LPIP). | |
| k. Has your nomination application as an official in the field of LPIP/finance been rejected by competent parties in Indonesia or other countries? | |
| l. Do you have loans that are overdue and problematic individually or jointly? | |
| m. Have you ever worked at a company (including LPIP) that has ever been declared bankrupt or has had its business license revoked or closed by competent parties in Indonesia or other countries? Describe your position, responsibilities, and obligations at the company (including LPIP). | |
| n. Have you ever been subjected to disciplinary actions/sanctions by a company (including LPIP) or sanctions prohibiting you from practicing your profession or ever been asked to stop working? | |
| o. Have you ever taken certification exams related to LPIP? If so, at what level and what grade did you obtain? | |
| p. Do you have relationships with controlling Principal Parties and other officials (family, financial, management, and ownership relationships)? | |
| q. Explain your understanding of regulations regarding Banking Information. | |
| r. Explain your vision, mission, and strategy that you will apply to develop LPIP in the future, including alternative solutions to problems currently faced by LPIP. | |
| s. What is your commitment to the healthy operational development of LPIP, the application of prudential principles at LPIP, and governance and compliance with applicable regulations? Explain. | |
| t. What is your commitment to business development in Indonesia in the future and what is your role in increasing LPIP's contribution to the economy in general? Explain. | |
| u. Explain the strategy and business process of LPIP according to the LPIP business plan and your role. | |
| v. Explain the condition of LPIP regarding business size, segmentation, and the LPIP problem map, as well as improvement recommendation plans. | |
| w. Explain: | |
| a. duties, functions, and responsibilities of the position you will hold; | |
| b. implementation of governance principles at all levels of the LPIP organization. | |
| x. Explain your vision and mission in addressing internal and external issues from the LPIP business strategy. | |
| y. Explain your motivation and commitment in carrying out duties and responsibilities at the position you will hold. | |
| z. Explain the suitability of your competence and work experience in carrying out duties at the position you will hold. | |
| aa. Explain the suitability of your competence and work experience in carrying out duties at the position you will hold. | |
| bb. Do you have achievements in the field of LPIP/financial service institutions? If yes, explain. | |
| cc. Do you have special/specific competencies that will provide positive contributions to LPIP? If yes, explain. | |
| dd. How is your independence towards PSP? Explain. (specifically for the Chief Executive Director) | |
| ee. Explain how you will increase your knowledge regarding Indonesian LPIP given that you have never worked at an Indonesian LPIP? (Specifically for those who have never worked at an Indonesian LPIP) | |
| ff. Other information that can be considered by OJK in obtaining your application. |
The undersigned hereby declares that:
a. I have understood the regulations concerning my rights and obligations as a member of the board of directors/board of commissioners as regulated in applicable regulations; b. the information provided above is true, complete, and accurate;
c. I will inform OJK within 30 (thirty) days if there are significant changes in information; and
d. if the above statement/information is proven to be untrue, I am willing to resign as a member of the board of directors/board of commissioners of LPIP within 30 (thirty) days. City, … Signature … (with stamp duty) Name/Position …
Applicant LPIP Name :
Candidate Identity Information
Name
Address
Place and Date of Birth
Education
Occupation
Position to be held
a. List of board of directors and board of commissioners members of LPIP before and after nomination. b. Copy of identification.
c. Curriculum vitae.
d. Latest passport photo size 4x6 cm. e. Example of signature and initial. f. Filling list for candidate board of commissioners members or candidate board of directors members of LPIP. g. Letter of certificate/written proof of knowledge in the field of LPIP and/or financial service institutions registered by OJK. h. Notarized statement letter from each candidate for board of directors members stating that the individual:
a. is committed to complying with applicable regulations and laws, especially in the field of LPIP and supporting OJK policies; b. has never been sentenced for proven criminal acts that have been decided by final and binding judgments consisting of:
1) criminal acts in the financial service sector whose sentence has been completed within the last 20 (twenty) years before nomination;
2) criminal acts, namely criminal acts contained in the Criminal Code (KUHP) and/or similar KUHP abroad with a prison sentence threat of 1 (one) year or more whose sentence has been completed within the last 10 (ten) years before nomination; and/or
3) other criminal acts with a prison sentence threat of 1 (one) year or more, including corruption, money laundering, narcotics/psychotropics, smuggling, customs, excise, human trafficking, illegal arms trafficking, terrorism, counterfeiting money, in the tax field, in the forestry field, in the environmental field, in the maritime field, and fisheries, whose sentence has been completed within the last 20 (twenty) years before nomination.
c. is not currently under sanctions prohibiting them from becoming a Principal Party (including the failed list);
d. does not have non-performing credit and/or financing and/or overdue and problematic debt; e. is not a controller, member of the board of directors, or member of the board of commissioners of a legal entity that has non-performing credit/financing and/or overdue and problematic debt; f. has never been declared bankrupt and has never been a shareholder, member of the board of directors, or member of the board of commissioners who was declared guilty causing a company to be declared bankrupt within the last 5 (five) years before nomination; g. does not hold concurrent positions at LPIP and/or other companies, except as an official of the LPIP industry association and/or educational institutions for the purpose of increasing LPIP human resource competence as long as it does not interfere with the implementation of duties as a member of the LPIP board of directors; h. is willing to meet regulations governing that the majority of board of directors members do not have family or in-law relationships up to the second degree with other board of directors members and/or board of commissioners members;
i. is not undergoing legal processes, ability and propriety assessments, and/or is undergoing re-assessment due to indications of integrity issues, financial feasibility/reputation, and/or competence at a financial service institution;
j. is committed to the healthy operational development of LPIP; and k. does not commit and/or repeat acts and/or actions that cause the individual to be included as a prohibited party to become a Principal Party (for candidates who were previously prohibited from being a Principal Party).
The undersigned hereby declares that:
a) the submitted documents are complete and correct in number and format, and the substance of the submitted administrative requirement documents complies with the requirements in this SEOJK; and b) the administrative requirement documents in the form of "statement" and "filling list" have indeed been filled out and signed by the proposed candidate. (City), … (Signature above stamp duty) Name/Position ..
Applicant LPIP Name :
Candidate Identity Information
Name
Address
Place and Date of Birth
Education
Occupation
Position to be held
a. List of board of directors and board of commissioners members of LPIP before and after nomination. b. Copy of identification.
c. Curriculum vitae.
d. Latest passport photo size 4x6 cm. e. Example of signature and initial. f. Filling list for candidate board of commissioners members or candidate board of directors members of LPIP. g. Letter of certificate/written proof of knowledge in the field of LPIP and/or financial service institutions registered by OJK. h. Notarized statement letter from each candidate for board of commissioners members stating that the individual:
a. is committed to complying with applicable regulations and laws, especially in the field of LPIP and supporting OJK policies; b. has never been sentenced for proven criminal acts that have been decided by final and binding judgments consisting of:
1) Criminal acts in the financial service sector whose sentence has been completed within the last 20 (twenty) years before nomination.
2) Criminal acts, namely criminal acts contained in the Criminal Code (KUHP) and/or similar KUHP abroad with a prison sentence threat of 1 (one) year or more whose sentence has been completed within the last 10 (ten) years before nomination; and/or
3) Other criminal acts with a prison sentence threat of 1 (one) year or more, including corruption, money laundering, narcotics/psychotropics, smuggling, customs, excise, human trafficking, illegal arms trafficking, terrorism, counterfeiting money, in the tax field, in the forestry field, in the environmental field, in the maritime field, and fisheries, whose sentence has been completed within the last 20 (twenty) years before nomination.
c. is not currently under sanctions prohibiting them from becoming a Principal Party (including the failed list);
d. does not have non-performing credit and/or financing and/or overdue and problematic debt; e. is not a controller, member of the board of directors, or member of the board of commissioners of a legal entity that has non-performing credit/financing and/or overdue and problematic debt; f. has never been declared bankrupt and has never been a shareholder, member of the board of directors, or member of the board of commissioners who was declared guilty causing a company to be declared bankrupt within the last 5 (five) years before nomination; g. does not hold concurrent positions at LPIP and/or other companies, except as an official of the LPIP industry association and/or educational institutions for the purpose of increasing LPIP human resource competence as long as it does not interfere with the implementation of duties as a member of the LPIP board of directors; h. is willing to meet regulations governing that the majority of board of directors members do not have family or in-law relationships up to the second degree with other board of directors members and/or board of commissioners members;
i. Is not undergoing legal processes, ability and propriety assessments, and/or is undergoing re-assessment due to indications of integrity issues, financial feasibility/reputation, and/or competence at a financial service institution;
j. is committed to the healthy operational development of LPIP; k. does not commit and/or repeat acts and/or actions that cause the individual to be included as a prohibited party to become a Principal Party (for candidates who were previously prohibited from being a Principal Party);
The undersigned hereby declares that:
a) the submitted documents are complete and correct in number and format, and the substance of the submitted administrative requirement documents complies with the requirements in this SEOJK; and b) the administrative requirement documents in the form of "statement" and "filling list" have indeed been filled out and signed by the proposed candidate. (City), … (Signature above stamp duty) Name/Position ..
b. Example format of domicile data and information update report for controlling Principal Party of a legal entity
1) LPIP Principal Party Data
LPIP Name : ………………………………………
Name of Controlling Principal Party of the legal entity (according to articles of association) : ……………………………………… Address (according to identity) : ……………………………………… Phone number : ……………………………………… Email address : ……………………………………… Legal entity website : ………………………………………
2) Data of the party representing the Controlling Principal Party of the legal entity
Name (according to identity) : ……………………………………… Place and Date of Birth : ……………………………………… Position at the legal entity : ……………………………………… Address (according to identity) : ……………………………………… Office phone number : ……………………………………… Mobile phone number : ……………………………………… Email address : ……………………………………… The above data and information are compiled truthfully accompanied by copies of ID cards/KITAS of each party. (place), (date, month, year) (Name, signature)
c. Checklist of documents for reconsideration application
| No. Document (v) | Description |
|---|---|
| 1. Identity documents, at least: | |
| a. copy of identity; | |
| b. curriculum vitae; | |
| c. latest color passport photo size 4 x 6 cm; | |
| d. copy of NPWP. | |
| 2. Copy of the decision declaring the applicant failed (if any). | |
| 3. Documents proving compliance with reconsideration application criteria, including: | |
| a. proof, data, and/or new information regarding the absence of or failure to submit clarification or response during re-assessment, such as official letters from the hospital where the applicant was treated; | |
| b. copy of final and binding court decisions stating that the applicant is not proven to have committed a criminal act or not proven to be declared bankrupt and/or to be a shareholder, member of the board of directors, or member of the board of commissioners who was declared guilty causing a company to be declared bankrupt or have its business license revoked; | |
| c. official and valid proof of consequences from the implementation of regulations; | |
| d. proof of no negative records during the failed status, including a notarized statement letter stating that the applicant: 1) did not cause bankruptcy and/or was not a shareholder, member of the board of directors, or member of the board of commissioners who was declared guilty causing a company to be declared bankrupt or have its business license revoked; and 2) has never been sentenced for proven legal violations with a sanction threat of more than 1 (one) year, proven by e.g., Police Record Certificate; and | |
| e. commitment and realization plan documents, such as capital increase or merger and/or acquisition of LPIP. |
The undersigned hereby declares that:
1. the information provided above and the attached supporting documents are true, complete, and accurate; and
2. if the above statement or information is proven to be untrue, I declare to cancel the reconsideration application.
(place), (date, month, year)
11. Explanation of LPIP Ownership Structure
List of Abbreviations
1. BHI : Indonesian Legal Entity
2. BHA : Foreign Legal Entity
3. LPIP : Credit Information Service Provider
12. Example of BHI ownership in LPIP
Illustration A.1.1
Illustration A.1.1 describes the share ownership structure of PT LPIP with the following explanation:
PT LPIP is owned by 3 (three) parties, namely BHI A, BHI B, and BHI C, without any ownership linkage between BHI and without any ownership by foreign parties.
Therefore, the maximum ownership for 1 (one) party in PT LPIP is 51%.
Illustration A.1.2
Illustration A.1.2 describes the share ownership structure of PT LPIP with the following explanation:
PT LPIP is owned by 3 (three) parties, namely BHI A, BHI B, and BHI C, without any ownership linkage between BHI and without any ownership by foreign parties. However, there is no party owning shares at the maximum ownership limit determined, which is 51%.
Illustration A.2.2:
Illustration A.2.2 describes the ownership structure of PT LPIP, with the following explanation:
a. There are foreign parties as owners of PT LPIP at layer 3, namely BHA Y and WNA Z. b. The size of foreign party ownership (BHA Y and WNA Z) is:
1) BHA Y= (% ownership of BHA Y in BHI C multiplied by % ownership of BHI C in BHI A multiplied by % ownership of BHI A in PT LPIP)
= 75% x 40% x 50%
= 15%
BHA Y's ownership in PT LPIP is 15%;
2) WNA Z = (% ownership of WNA Z in BHI F multiplied by % ownership of BHI F in BHI B multiplied by % ownership of BHI B in PT LPIP)
= 20% x 62.5% x 40%
= 5%
WNA Z's ownership in PT LPIP is 5%;
Total foreign party ownership through BHA Y and WNA Z in PT LPIP is 20%.
c. Total foreign party ownership in PT LPIP has reached the determined maximum limit, which is 20%. Other BHI (BHI B, BHI E, BHI F, BHI I) are not allowed to be owned by foreign parties up to the final ownership (ultimate shareholder).
Illustration A.2.3
Illustration A.2.3 depicts the ownership structure of PT LPIP, with the following explanation:
a. There are foreign parties as owners of PT LPIP, namely BHA X at layer 2, BHA Y at layer 3, and WNA Z at layer 4. b. The size of foreign ownership (BHA X, BHA Y, and WNA Z) is:
1) BHA X = (% ownership of BHA X in BHI A multiplied by % ownership of BHI A in PT LPIP)
= 20% x 50%
= 10%
BHA X ownership in PT LPIP is 10%;
2) BHA Y = (% ownership of BHA Y in BHI E multiplied by % ownership of BHI E in BHI B multiplied by % ownership of BHI B in PT LPIP)
= 20% x 62.5% x 40%
= 5%
BHA Y ownership in PT LPIP is 5%;
3) WNA Z = (% ownership of WNA Z in BHI F multiplied by % ownership of BHI F in BHI C multiplied by % ownership of BHI C in BHI A multiplied by % ownership of BHI A in PT LPIP)
= 25% x 50% x 80% x 50%
= 5%
WNA Z ownership in PT LPIP is 5%;
Total ownership of BHA X, BHA Y, and WNA Z in PT LPIP is 20%.
c. Total foreign ownership in PT LPIP has reached the maximum limit determined, namely 20%. Other BHI (BHI B, BHI E, BHI H, BHI I) are not allowed to be owned by foreign parties up to the ultimate shareholder.
Illustration A.3.2
Illustration A.3.2 depicts the ownership structure of PT LPIP with the following explanation:
a. There is 1 (one) foreign party, namely: BHA X as the owner of PT LPIP through BHI A and BHI C (at layer 2). The maximum ownership of BHA X in PT LPIP is 20%. b. The size of BHA X's ownership in PT LPIP is:
1) BHA X ownership through BHI A
= (% ownership of BHA X in BHI A) multiplied by (% ownership of BHI A in PT LPIP) = 50% x 30% = 15%
2) BHA X ownership through BHI C
= (% ownership of BHA X in BHI C) multiplied by (% ownership of BHI C in PT LPIP) = 10% x 50% = 5% Total BHA X ownership in PT LPIP is 20%.
c. Total BHA X ownership has reached the maximum limit (20%), therefore BHA X is not allowed to increase its ownership in PT LPIP.
d. The calculation of maximum ownership of 1 (one) party on 1 (one) LPIP also applies to positions at other layers.
Illustration A.4.2
Illustration A.4.2 depicts the ownership structure of PT LPIP with the following explanation:
a. There is 1 (one) foreign party, namely: BHA X which becomes an owner in several LPIP, namely: in PT LPIP 1 and in PT LPIP 2. The maximum ownership of BHA X in all LPIP is 20%. b. The size of BHA X's ownership in all LPIP is:
1) BHA X ownership in PT LPIP 1
= (% ownership of BHA X in BHI B) multiplied by (% ownership of BHI B in PT LPIP 1) = 25% x 40% = 10% BHA X ownership in PT LPIP 1 is 10%
2) BHA X ownership in PT LPIP 2
= (% ownership of BHA X in BHI E) multiplied by (% ownership of BHI E in PT LPIP 2) = 25% x 40% = 10% BHA X ownership in PT LPIP 2 is 10% Total BHA X ownership in all LPIP is: 10% + 10% = 20%.
c. Total BHA X ownership has reached the maximum ownership limit in all LPIP (20%), therefore BHA X is not allowed to increase its ownership in other PT LPIP.
16. Example of a letter of application for the principle approval of the establishment of a city LPIP
city, date-month-year
No. :
Attachments: .... (in words) files
To
Chairman of the Board of Commissioners of OJK
Jl. M. H. Thamrin No. 2
JAKARTA 10350
Attention: Department of Licensing and Banking Information Subject: Application for Principle Approval of Credit Information Management Institution (LPIP) Hereby we apply to obtain principle approval for the establishment of an LPIP with the planned name ……… located in ……… Regency/City ………, Province ………. To complete the aforementioned application, we submit herewith:
1. draft deed of establishment of the limited liability company, including draft articles of association;
2. ownership data in the form of a list of each prospective shareholder accompanied by required documents;
3. list of composition of prospective members of the board of directors and board of commissioners accompanied by required documents;
4. planned organizational structure and human resources;
5. business plan for the first 3 (three) years;
6. medium and long-term strategic plan;
7. draft information technology system to be used;
8. internal control system guidelines and guidelines for the implementation of governance for LPIP;
9. operational policies and procedures;
10. Copy of deposit receipt amounting to Rp. … (…) in the name of the Board of Commissioners of the Financial Services Authority q.q. … for the establishment of LPIP, which has contained
information that disbursement can only be carried out after obtaining written approval from OJK.
12. stamped letter of statement from prospective shareholders that the source of funds used in the context of LPIP ownership:
a. does not come from credit or financing from banks and/or other parties; and b. does not come from the results of criminal acts and for the purpose of money laundering, terrorism financing, and financing of proliferation of weapons of mass destruction.
13. stamped letter of statement covering the truthfulness of data and/or information submitted by LPIP to OJK
Thus our application.
Name and signature of prospective owner
(……...............………..….)
17. Example of a letter of application for LPIP business license
city, date-month-year
No. :
Attachments: .... (in words) files
To
Chairman of the Board of Commissioners of OJK
Jl. M. H. Thamrin No. 2
JAKARTA 10350
Attention: Department of Licensing and Banking Information Subject: Application for Business License of Credit Information Management Institution (LPIP) Referring to OJK Letter Number ……… dated ……… regarding Principle Approval of LPIP, hereby we:
LPIP Name: ………
Address: ……… apply for a business license for LPIP. To complete the aforementioned application, we submit herewith:
1. deed of establishment of LPIP, including articles of association that have been approved by the competent authority;
2. list of shareholders accompanied by required documents;
3. list of composition of members of the board of directors and board of commissioners accompanied by required documents;
4. organizational structure and human resources *);
5. business plan for the first 3 (three) years *);
6. medium and long-term strategic plan *);
7. information technology system architecture to be used;
8. internal control system guidelines and guidelines for the implementation of governance for LPIP *);
9. operational policies and procedures;
10. proof of operational readiness accompanied by required documents;
11. stamped letter of statement covering the truthfulness of data and/or information submitted by LPIP to OJK.
Thus our application.
(Board of Directors)
(........................................)
Note:
*) Only submitted if there are changes.
18. Document checklist for the application for increase in paid-up capital
No. Description Completeness
19. 20.Yes No 21. Notes
1. Proof of capital deposit in cash form in the form of a copy of deposit receipt at a general bank in Indonesia.
(if in cash form)
2. Proof of deposit in the form of other assets in the form of an independent valuation report on the assets handed over.
3. Explanation of the source of funds used for capital deposit in item 1 which explains the entire flow of funds from the source of initial assets of shareholders up to the funds in question are recorded as capital deposits.
(if in cash form)
4. Supporting documents regarding the source of funds used for capital deposit in item 1 (if in cash form), including:
a. proof of capital deposit bookkeeping in the form of journals and position reports before and after capital deposit; b. account mutations for the last 6 (six) months in the event that capital deposits come from savings or checking accounts;
c. proof of withdrawal of deposit receipts in the event that capital deposits come from deposits, including:
1) transfer slips or account mutations that hold the proceeds of withdrawal; and
No. Description Completeness
Yes No Notes
2) copy of the deposit receipt that has been withdrawn;
d. proof of sales transactions, including copies of deeds or sales agreements, copies of receipts, in the event that capital deposits come from the results of asset sales, proof of tax payments for sales transactions, and proof of payment from the asset buyer (including transfer slips or account mutations that hold the proceeds of asset sales); and/or e. copies of donation deeds and/or inheritance documents, in the event that capital deposits come from donations and/or inheritance.
5. Specifically for increases in paid-up capital originating from the results of dividend distribution of the relevant LPIP, accompanied by documents:
a. minutes of the Annual General Meeting of Shareholders regarding dividend distribution; b. proof of capital deposit bookkeeping in the form of dividend distribution journals and financial position reports of LPIP before and after dividend distribution; and
c. proof of withholding or tax payments on dividends
6. Stamped letter of statement from each shareholder, that
22. No. Description Completeness
Yes No Notes a. does not come from credit or financing in any form from banks and/or other parties; and/or b. does not come from and for money laundering and/or terrorism financing or proliferation of weapons of mass destruction.
7. Documents regarding requirements for Prospective Controlling Main Parties, including the Ultimate Controlling Main Party, referring to the appendix according to Appendix 1 or 2 and 3 or 4;
LPIP and/or financial service institutions owned by shareholders or prospective Controlling Main Parties
8. List of LPIP and/or financial service institutions owned by LPIP shareholders or prospective Controlling Main Parties of LPIP,
accompanied by a. financial position reports b. income statements; and
c. certain ratios including capital adequacy, liquidity, and profitability referring to applicable assessment standards for each LPIP
and/or financial service institutions.
We, the undersigned, declare that the checklist has been filled out and compiled completely and in accordance with the actual situation and has been completed with documents according to OJK Regulations regarding Credit Information Management Institutions to be submitted to OJK in the context of an application for approval of an increase in paid-up capital. (City), (date-month-year) (Signature above sufficient stamp) (Full Name of LPIP Board of Directors) No. Description Completeness Yes No Notes
9. Financial reports of the Controlling Main Party include financial position reports, income statements, cash flow statements, statements of changes in equity, and notes to the latest financial position reports as of the date of the increase in paid-up capital or at the end of the month before the date of the application for an increase in paid-up capital.
20. Example of a report on the increase in paid-up capital of LPIP after OJK approval
city, date-month-year
No. :
Attachments: .... (in words) files
To
Financial Services Authority
Jl. M. H. Thamrin No. 2
JAKARTA 10350
Attention: Department of Licensing and Banking Information c.q. Deputy Director of Credit Information Management Subject: Report on Increase in Paid-Up Capital of Credit Information Management Institution (LPIP) In connection with OJK's approval of the increase in paid-up capital of LPIP, we hereby submit:
1. minutes of the Annual General Meeting of Shareholders;
2. ownership data;
3. changes to the articles of association that have received approval from the competent authority, attached with:
a. copies of the deed of amendment of the articles of association in accordance with applicable regulations; and b. approval letters or letters of acceptance of notification of changes to the articles of association as referred to in letter a from the competent authority. Furthermore, we apply for approval of the withdrawal of deposits to OJK to be recorded as paid-up capital. Thus for your information. (Board of Directors) (...................................)
21. Example of a letter of application for approval of changes in LPIP shareholding composition
city, date-month-year
No. :
Attachments: .... (in words) files
To
Financial Services Authority
Jl. M. H. Thamrin No. 2
JAKARTA 10350
Attention: Department of Licensing and Banking Information c.q. Deputy Director of Credit Information Management Subject: Application for Approval of Changes in Shareholding Composition of Credit Information Management Institution (LPIP) Hereby we apply for changes in the shareholding composition of LPIP caused by replacement/reduction/addition of shares*) with the following details:
A. Current LPIP share ownership:
No. Owner Name
Number of Shares
Nominal Amount
(in thousands of Rp)
Percentage
(%)
1.
2.
Etc.
Total
B. Planned new LPIP share ownership:
No. Owner Name
Number of Shares
Nominal Amount
(in thousands of Rp)
Percentage
(%)
1.
2.
Etc.
Total
To complete the aforementioned application, we submit herewith the required documents from prospective shareholders as attached.
Thus our application.
(Board of Directors)
(.....................................)
Note:
*) strike out what is not needed
We submit herewith the required documents.
Thus our application.
(Board of Directors)
(........................................)
Note:
*) strike out what is not needed
24. Format for quarterly financial reports
a. Financial position report
Position
Report Date
Position
ASSETS
Current Assets
1. Cash and Cash Equivalents
2. Trade Receivables
3. Prepaid Taxes
4. Advances and Prepaid Expenses
5. Security Deposits-Current
6. Other Current Assets
Total Current Assets
Non-Current Assets
1. Net Fixed Assets
2. Net Intangible Assets
3. Deferred Tax Assets
4. Security Deposits-Non-Current
5. Other Non-Current Assets
Total Non-Current Assets
LIABILITIES AND EQUITY
LIABILITIES
Short-Term Liabilities
1. Trade Payables – Short-Term
2. Accrued Expenses
3. Loans from Shareholders
4. Tax Payables
5. Unearned Revenue
6. Lease Liabilities – Short-Term
7. Other Short-Term Liabilities
Total Short-Term Liabilities
Long-Term Liabilities
1. Trade Payables – Long-Term
2. Lease Liabilities – Long-Term
3. Post-Employment Benefit Liabilities
4. Other Long-Term Liabilities
Total Short-Term Liabilities
EQUITY
1. Share Capital
2. Share Premium
3. Retained Earnings
4. Other Equity
Total Equity
TOTAL LIABILITIES AND EQUITY b. Income statement and other comprehensive income Position Period Report REVENUE AND OPERATING EXPENSES Operating Revenue Operating Expenses
1. Marketing Expenses
2. General and Administrative Expenses
3. Salary Expenses
4. Depreciation Expenses
Total Net Operating Revenue
Non-Operating Income (Expenses)
1. Income (expenses) from Financial Assets
2. Other Non-Operating Income (Expenses)
Profit (Loss) Before Tax Expense
Tax Expense
Profit (Loss) for the Current Year
Other Comprehensive Income
Total Comprehensive Profit (Loss) for the Current Year
Appendix to Monthly Report for Period...(month-year)
d. Total complaints from Debtors or Customers that have become legal lawsuits.
b. Example of a letter for submitting quarterly reports city, date-month-year No. :
Attachments: ... (in words) files
To
Financial Services Authority
Jl. M. H. Thamrin No. 2
JAKARTA 10350
Attention: Department of Licensing and Banking Information c.q. Deputy Director of Credit Information Management Subject: Submission of Quarterly Report (I/II/III/IV)* year... Hereby we submit the Quarterly Report (I/II/III/IV)* year... as required and attached. Thus we submit. (Board of Directors) (........................................) Note:
*) strike out what is not needed
c. Example of a letter for submitting semi-annual reports
city, date-month-year
No. :
Attachments: ... (in words) files
To
Financial Services Authority
Jl. M. H. Thamrin No. 2
JAKARTA 10350
Attention: Department of Licensing and Banking Information c.q. Deputy Director of Credit Information Management Subject: Submission of Semi-Annual Report (I/II)* year... Hereby we submit the Semi-Annual Report (I/II)* year... as required and attached. Thus we submit. (Board of Directors) (........................................) Note:
*) strike out what is not needed
d. Example of a letter for submitting annual reports city, date-month-year No. :
Attachments: ... (in words) files
To
Financial Services Authority
Jl. M. H. Thamrin No. 2
JAKARTA 10350
Attention: Department of Licensing and Banking Information c.q. Deputy Director of Credit Information Management Subject: Submission of Annual Report… Hereby we submit the Annual Report for the Year... as required and attached. Thus we submit. (Board of Directors) (........................................)
e. Example of a letter for submitting annual business plans city, date-month-year No. :
Attachments: .... (in words) files
To
Financial Services Authority
Jl. M. H. Thamrin No. 2
JAKARTA 10350
Attention: Department of Licensing and Banking Information c.q. Deputy Director of Credit Information Management Subject: Submission of Annual Business Plan… Hereby we submit the Annual Business Plan for the Year... as required and attached. Thus we submit. (Board of Directors) (........................................)
26. Sample letter requesting approval to cease business activities
City, Date
No. :
Attachments: .... (in words) files
To
Financial Services Authority
Jl. M. H. Thamrin No. 2
JAKARTA 10350
Attention: Department of Licensing and Banking Information through: Deputy Director of Credit Information Management Subject: Request for Approval to Cease Business Activities of Credit Information Management Institution (LPIP) Hereby we request approval to cease the business license of LPIP … for the reason … Attached are documents with the following details:
1. copy of the Minutes of the General Meeting of Shareholders regarding the plan to cease LPIP business activities;
2. report on the plan and reasons for ceasing LPIP business activities;
3. plan to settle all obligations (action plan) of LPIP;
4. latest financial report; and
5. proof of settlement of taxes for the last 3 (three) years.
Thus our request.
(Board of Directors)
(........................................)
27. Sample letter requesting approval to revoke business license
City, Date
No. :
Attachments: .... (in words) files
To
Financial Services Authority
Jl. M. H. Thamrin No. 2
JAKARTA 10350
Attention: Department of Licensing and Banking Information through: Deputy Director of Credit Information Management Subject: Request for Approval to Revoke Business License of Credit Information Management Institution (LPIP) Hereby we request approval to revoke the business license of (name of LPIP) ……… effective from date ……… Attached is a report containing the following information:
1. implementation of the cessation of business activities;
2. implementation of the announcement of the cessation of business activities and the plan to settle obligations;
3. implementation of the settlement of obligations;
4. report on the verification results from the public accountant office regarding the settlement of obligations; and
5. stamped declaration letter from shareholders regarding the settlement of obligations.
Thus our request.
(Board of Directors)
(.....................................)
28. Sample report on the plan for issuing new products
PLAN FOR ISSUING NEW PRODUCTS
Name of LPIP :
No. Type of New LPIP Product Planned Time of Implementation Purpose/Benefit Relevance of New LPIP Product with LPIP Strategy General Description Risks That May Arise Risk Mitigation for Issuance of New LPIP Product For LPIP For Customers … … … … … … … … …
1. Type of New LPIP Product
Filled with the type of LPIP product with the type of product being implemented. For example: credit scoring, business intelligence, and so on.
2. Planned Time of Implementation
Filled with the time period of date, month name, or quarter.
3. Purpose/Benefit
Filled with the purpose and benefit of issuing the product both for LPIP and customers.
4. Relevance of New LPIP Product with LPIP Strategy
Filled with the relevance between the issuance of the new LPIP product and the LPIP strategy.
5. General Description
Filled with a general description that at least describes among others the product name, features, and business model of the LPIP product.
6. Risks That May Arise
Filled with the risks that may arise from the issuance of the new LPIP product.
7. Risk Mitigation for Issuance of New LPIP Product
Filled with the risk mitigation carried out by LPIP regarding the issuance of the new LPIP product.
29. Sample report on the realization of issuing new products
REALIZATION OF ISSUING NEW PRODUCTS
Name of LPIP :
No. Type of New LPIP Product Realized Time of Implementation Realized Purpose/Benefit Realized Relevance of New LPIP Product with LPIP Strategy Realized General Description Realized Risks That May Arise Realized Risk Mitigation for Issuance of New LPIP Product For LPIP For Customers … … … … … … … … …
1. Type of New LPIP Product
Filled with the type of LPIP product with the type of product being implemented. For example: credit scoring, business intelligence, and so on.
2. Realized Time of Implementation
Filled with the correspondence with the time period of date, month name, or quarter in the plan for issuing new products.
3. Realized Purpose/Benefit
Filled with the correspondence with the purpose and benefit of issuing the product both for LPIP and customers in the plan for issuing new products.
4. Realized Relevance of New LPIP Product with LPIP Strategy
Filled with the correspondence with the relevance between the issuance of the new LPIP product and the LPIP strategy in the plan for issuing new products.
5. Realized General Description
Filled with the correspondence with the general description that at least describes among others the product name, features, and business model of the product in the plan for issuing new products.
6. Realized Risks That May Arise
Filled with the correspondence with the risks that may arise from the issuance of the new LPIP product in the plan for issuing new products.
7. Realized Risk Mitigation for Issuance of New LPIP Product
Filled with the correspondence with the risk mitigation carried out by LPIP regarding the issuance of the new LPIP product in the plan for issuing new products.
This copy is consistent with the original
Legal Director 1
Legal Department signed
Mufli Asmawidjaja
Established in Jakarta on December 22, 2022
EXECUTIVE HEAD OF BANKING SUPERVISOR
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA, signed
DIAN EDIANA RAE
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“Upon the effective date of this OJK Circular, Bank Indonesia Circular Number 15/49/DPKL dated December 5, 2013 concerning Credit Information Management Institutions is revoked and declared invalid.”
“In view of the implementation of the Financial Services Authority Regulation Number 5/POJK.03/2022 concerning Credit Information Management Institutions”
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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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