2022-05-19 | 8/POJK.04/2022Added
This regulation consolidates and standardizes the reporting obligations for securities companies acting as underwriters and securities trading intermediaries in Indonesia. It mandates the submission of periodic reports, including daily, monthly, quarterly, semi-annual, and annual filings, as well as incidental reports covering specific events such as changes in management, address, or business activities. The document specifies the exact types of reports required, identifies the responsible entities for each report type, and sets strict deadlines for submission, primarily through the OJK's electronic reporting system.
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FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
COPY
FINANCIAL SERVICES AUTHORITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 8 /POJK.04/2022
CONCERNING
REPORTING BY SECURITIES COMPANIES CARRYING OUT BUSINESS ACTIVITIES AS UNDERWRITERS OF SECURITIES AND SECURITIES TRADING INTERMEDIARIES BY THE GRACE OF GOD THE ALMIGHTY, THE COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY, Considering :
a. that in supervision of Securities Companies carrying out business activities as Underwriters of Securities and Securities Trading Intermediaries, complete, accurate, up-to-date, comprehensive, and comparable information on financial conditions and business activities is required; b. that currently, reports that must be submitted by securities companies carrying out business activities as underwriters of securities and securities trading intermediaries are scattered in several separate regulations and with different frequencies;
c. that based on the considerations as referred to in letters a and b, it is necessary to establish a Financial Services Authority Regulation concerning Reporting by Securities Companies Carrying out Business Activities as Underwriters of Securities and Securities Trading Intermediaries;
Recalling : 1. Law Number 8 of 1995 concerning the Capital Market (State Gazette of the Republic of Indonesia Year 1995 Number 64, Supplement to the State Gazette of the Republic of Indonesia Number 3608);
2. Law Number 21 of 2011 concerning the Financial Services Authority (State Gazette of the Republic of Indonesia Year 2011 Number 111, Supplement to the State Gazette of the Republic of Indonesia Number 5253);
DECIDING:
Establishing : FINANCIAL SERVICES AUTHORITY REGULATION CONCERNING REPORTING BY SECURITIES COMPANIES CARRYING OUT BUSINESS ACTIVITIES AS UNDERWRITERS OF SECURITIES AND SECURITIES TRADING INTERMEDIARIES.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation, the following terms are defined as:
Article 2
(1) Underwriters of Securities and Securities Trading Intermediaries are required to submit Periodic Reports and Incidental Reports to the Financial Services Authority.
(2) The obligation as referred to in paragraph (1) is exempted for Underwriters of Securities and Securities Trading Intermediaries that meet the criteria:
a. in the process of examination but no longer have management and offices; and/or b. in the stage of settling customer assets or revocation of license.
CHAPTER II
TYPES OF REPORTS
Article 3
(1) Reports by Underwriters of Securities and Securities Trading Intermediaries consist of:
a. Periodic Reports; and b. Incidental Reports.
(2) Periodic Reports as referred to in paragraph (1) letter a consist of:
a. daily reports; b. monthly reports;
c. quarterly reports;
d. semi-annual reports; and e. annual reports.
Article 4
Daily reports as referred to in Article 3 paragraph (2) letter a are daily MKBD reports.
Article 5
Monthly reports as referred to in Article 3 paragraph (2) letter b consist of:
a. Securities Trading Intermediary activity reports; b. monthly MKBD reports;
c. periodic activity reports of PPE-EBUS; and
d. debtor reports.
Article 6
Quarterly reports as referred to in Article 3 paragraph (2) letter c are complaint service reports.
Article 7
Semi-annual reports as referred to in Article 3 paragraph (2) letter d consist of:
a. activity reports at locations other than the head office; b. integrated capital adequacy reports;
c. integrated risk profile reports;
d. integrated governance implementation assessment reports; e. Underwriter of Securities activity reports; and f. semi-annual financial reports, consisting of:
Article 8
Annual reports as referred to in Article 3 paragraph (2) letter e consist of:
a. audited annual financial reports; b. unaudited annual financial reports;
c. accountant's report on MKBD;
d. literacy plan reports; e. literacy plan realization reports; f. inclusion plan reports; g. inclusion plan realization reports; h. annual integrated governance implementation reports;
i. audit committee evaluation result reports;
j. annual governance implementation reports; k. business plan reports;
l. business plan realization reports;
m. periodic reports on the implementation of other activities; n. reports on plans to update data related to the implementation of anti-money laundering and counter-terrorism financing programs in the financial services sector; o. reports on the realization of data updates related to the implementation of anti-money laundering and counter-terrorism financing programs in the financial services sector; p. sustainable finance action plan reports; q. sustainability reports; r. reports on the appointment of public accountants and/or public accounting firms for the audit of annual historical financial information; s. self-assessment reports on risk management implementation; and t. reports on data and information on the implementation of anti-money laundering and counter-terrorism financing programs.
Article 9
Incidental reports as referred to in Article 3 paragraph (1) letter b consist of:
a. reports on the opening of activities at locations other than the head office; b. reports on the closing of activities at locations other than the head office;
c. reports on changes in the address of activities at locations other than the head office;
d. reports regarding Financial Service Institutions that become Main Entities and Financial Service Institutions that become members of Financial Conglomerates; e. reports on adjustments to Financial Service Institutions that become Main Entities and Financial Service Institutions that become members of Financial Conglomerates; f. reports on indications of violations of laws and regulations in the financial services sector that can endanger the continuity of the Securities Company's business activities, committed by members of the Board of Commissioners, members of the Board of Directors, and/or employees of the Securities Company; g. revisions to governance implementation reports; h. reports on changes in Securities Company data related to:
CHAPTER III
REPORTING PARTIES
Article 10
Parties submitting daily MKBD reports as referred to in Article 4 are Securities Trading Intermediaries that administer customer securities accounts.
Article 11
(1) Parties submitting:
a. Securities Trading Intermediary activity reports as referred to in Article 5 letter a; and b. debtor reports as referred to in Article 5 letter d, are Securities Trading Intermediaries.
(2) Parties submitting monthly MKBD reports as referred to in Article 5 letter b are Securities Trading Intermediaries that do not administer Customer Securities Accounts and PEDs.
(3) Parties submitting periodic activity reports of PPE-EBUS as referred to in Article 5 letter c are Securities Companies carrying out PPE-EBUS business activities.
Article 12
Parties submitting complaint service reports as referred to in Article 6 are Underwriters of Securities and Securities Trading Intermediaries.
Article 13
(1) Parties submitting:
a. activity reports at locations other than the head office as referred to in Article 7 letter a; and b. semi-annual financial reports as referred to in Article 7 letter f, are Underwriters of Securities and Securities Trading Intermediaries. (2) Parties submitting:
a. integrated capital adequacy reports as referred to in Article 7 letter b; b. integrated risk profile reports as referred to in Article 7 letter c; and
c. integrated governance implementation assessment reports as referred to in Article 7 letter d,
are Underwriters of Securities and Securities Trading Intermediaries that are Main Entities based on Financial Services Authority regulations concerning Financial Conglomerates.
(3) Parties submitting Underwriter of Securities activity reports as referred to in Article 7 letter e are Underwriters of Securities.
Article 14
(1) Parties submitting:
a. audited annual financial reports as referred to in Article 8 letter a; b. unaudited annual financial reports as referred to in Article 8 letter b;
c. audit committee evaluation result reports as referred to in Article 8 letter i;
d. annual governance implementation reports as referred to in Article 8 letter j; e. business plan reports as referred to in Article 8 letter k; f. business plan realization reports as referred to in Article 8 letter l; g. periodic reports on the implementation of other activities as referred to in Article 8 letter m; h. sustainable finance action plan reports as referred to in Article 8 letter p;
i. sustainability reports as referred to in Article 8 letter q; and
j. reports on the appointment of public accountants and/or public accounting firms for the audit of annual historical financial information as referred to in Article 8 letter r, are Underwriters of Securities and Securities Trading Intermediaries. (2) Parties submitting:
a. accountant's reports on MKBD as referred to in Article 8 letter c; and b. self-assessment reports on risk management implementation as referred to in Article 8 letter s, are Underwriters of Securities and Securities Trading Intermediaries that are Stock Exchange Members. (3) Parties submitting:
a. literacy plan reports as referred to in Article 8 letter d; b. literacy plan realization reports as referred to in Article 8 letter e;
c. inclusion plan reports as referred to in Article 8 letter f; and
d. inclusion plan realization reports as referred to in Article 8 letter g, are Securities Trading Intermediaries.
(4) Parties submitting annual integrated governance implementation reports as referred to in Article 8 letter h are Underwriters of Securities and Securities Trading Intermediaries that are Main Entities based on Financial Services Authority regulations concerning Financial Conglomerates. (5) Parties submitting:
a. reports on plans to update data related to the implementation of anti-money laundering and counter-terrorism financing programs in the financial services sector as referred to in Article 8 letter n; and b. reports on the realization of data updates related to the implementation of anti-money laundering and counter-terrorism financing programs in the financial services sector as referred to in Article 8 letter o, are Securities Trading Intermediaries that are Stock Exchange Members and PEDs. (6) Parties submitting reports on data and information on the implementation of anti-money laundering and counter-terrorism financing programs as referred to in Article 8 letter t are Securities Trading Intermediaries that are Stock Exchange Members.
Article 15
(1) Parties submitting:
a. reports on the opening of activities at locations other than the head office as referred to in Article 9 letter a; b. reports on the closing of activities at locations other than the head office as referred to in Article 9 letter b; and
c. reports on changes in the address of activities at locations other than the head office as referred to in Article 9 letter c,
are Underwriters of Securities and Securities Trading Intermediaries that carry out activities at locations other than the head office.
(2) Parties submitting:
a. reports regarding Financial Service Institutions that become Main Entities and Financial Service Institutions that become members of Financial Conglomerates as referred to in Article 9 letter d; and b. reports on adjustments to Financial Service Institutions that become Main Entities and Financial Service Institutions that become members of Financial Conglomerates as referred to in Article 9 letter e, are Underwriters of Securities and Securities Trading Intermediaries that are Main Entities based on Financial Services Authority regulations concerning Financial Conglomerates. (3) Parties submitting reports on indications of violations of laws and regulations in the financial services sector that can endanger the continuity of the Securities Company's business activities, committed by members of the Board of Commissioners, members of the Board of Directors, and/or employees of the Securities Company as referred to in Article 9 letter f, are the Board of Commissioners of Underwriters of Securities and Securities Trading Intermediaries. (4) Parties submitting:
a. revisions to governance implementation reports as referred to in Article 9 letter g; b. reports on changes in Securities Company data as referred to in Article 9 letter h;
c. reports on resignation, dismissal, and/or expiration of the term of office of the Board of Directors and/or Board of Commissioners as referred to in Article 9 letter i;
d. reports on binding decisions outside the GMS as referred to in Article 9 letter j; e. reports on the realization of the implementation of other Securities Company activities as referred to in Article 9 letter k; f. reports on updating data and information on the domicile of main parties and/or parties who can be contacted as referred to in Article 9 letter m; g. GMS result reports as referred to in Article 9 letter o; h. reports on changes in shareholders or controlling shareholders as referred to in Article 9 letter p; and
i. reports on business plan adjustments as referred to in Article 9 letter q,
are Underwriters of Securities and Securities Trading Intermediaries.
(5) Parties submitting reports on the addition and termination of cooperation with marketing partners of Securities Trading Intermediaries as referred to in Article 9 letter l are Securities Trading Intermediaries.
(6) Parties submitting daily MKBD reports for Underwriters of Securities who are not Stock Exchange Members who are currently carrying out underwriting activities as referred to in Article 9 letter n are Underwriters of Securities.
CHAPTER IV
REPORTING PROCEDURES, DEFERRALS, AND EXEMPTIONS
Section One
Reporting Procedures
Article 16
(1) Submission of Periodic Reports and Incidental Reports to the Financial Services Authority is done electronically through the Financial Services Authority's reporting system.
(2) In the event that the electronic system for reporting as referred to in paragraph (1) is not yet available, Periodic Reports and Incidental Reports can be submitted directly or via electronic mail to the Financial Services Authority's correspondence division. (3) In the event that the electronic system as referred to in paragraph (1) is available but a certain condition occurs causing the electronic system to not function properly, the submission of Periodic Reports and Incidental Reports can be submitted directly or via electronic mail to the Financial Services Authority's correspondence division.
Section Two
Deferral and Exemption of Reporting
Article 17
(1) Underwriters of Securities and Securities Trading Intermediaries experiencing force majeure so that they cannot submit reports until the submission deadline, must notify in writing to the Financial Services Authority to obtain a deferral of the report submission deadline for a maximum of 1 (one) working day from the occurrence of the aforementioned force majeure. (2) In the event of force majeure as referred to in paragraph (1), specifically for daily MKBD reports to:
a. the Financial Services Authority; b. the Indonesia Stock Exchange; and
c. the Clearing and Guarantee Institution,
which are reported into the MKBD reporting system receiver, are exempted from this Financial Services Authority Regulation and follow the technical provisions in the MKBD reporting system receiver.
CHAPTER V
REPORT SUBMISSION DEADLINES
Section One
Deadlines
Article 18
Securities Trading Intermediaries that administer customer securities accounts as referred to in Article 10 are required to submit daily MKBD reports as referred to in Article 4 to the Financial Services Authority based on the previous day's closing position no later than 08.30 WIB.
Article 19
(1) Securities Trading Intermediaries as referred to in Article 11 paragraph (1) are required to submit Securities Trading Intermediary activity reports as referred to in Article 5 letter a to the Financial Services Authority no later than on the 12th (twelfth) working day of the following month. (2) Securities Trading Intermediaries as referred to in Article 11 paragraph (1) are required to submit debtor reports as referred to in Article 5 letter d to the Financial Services Authority monthly no later than on the 12th of the month following the debtor report month. (3) Securities Trading Intermediaries that do not administer Customer Securities Accounts and PEDs as referred to in Article 11 paragraph (2) are required to submit monthly MKBD reports as referred to in Article 5 letter b to the Financial Services Authority based on the last working day's position of the previous month no later than 08.30 WIB on the working day of the following month. (4) Securities Companies carrying out PPE-EBUS business activities as referred to in Article 11 paragraph (3) are required to submit periodic activity reports of PPE-EBUS as referred to in Article 5 letter c to the Financial Services Authority no later than every 12th (twelfth) working day of the following month.
Article 20
Underwriters of Securities and Securities Trading Intermediaries as referred to in Article 12 are required to submit complaint service reports as referred to in Article 6 to the Financial Services Authority no later than on the 10th of the month following the end of the quarterly period.
Article 21
(1) Underwriters of Securities and Securities Trading Intermediaries as referred to in Article 13 paragraph (1) are required to submit activity reports at locations other than the head office as referred to in Article 7 letter a to the Financial Services Authority no later than 7 (seven) days after the end of June and December if there is no closing of locations in June or December or no change in address occurs. (2) Underwriters of Securities and Securities Trading Intermediaries as referred to in Article 13 paragraph (1) are required to submit semi-annual financial reports as referred to in Article 7 letter f to the Financial Services Authority no later than:
a. at the end of the first month after the date of the semi-annual financial report, if not accompanied by an accountant's report; b. at the end of the 2nd (second) month after the date of the semi-annual financial report, if accompanied by an accountant's report for limited review; and
c. at the end of the 3rd (third) month after the date of the semi-annual financial report, if accompanied by an accountant's report providing an opinion on the fairness of the financial statements as a whole.
(3) Underwriters of Securities and Securities Trading Intermediaries that are Main Entities as referred to in Article 13 paragraph (2) are required to submit integrated capital adequacy reports as referred to in Article 7 letter b to the Financial Services Authority no later than:
a. August 15 for reports on the position at the end of June; and b. February 15 for reports on the position at the end of December.
(4) Underwriters of Securities and Securities Trading Intermediaries that are Main Entities as referred to in Article 13 paragraph (2) are required to submit:
a. integrated risk profile reports as referred to in Article 7 letter c; and b. integrated governance implementation assessment reports as referred to in Article 7 letter d, to the Financial Services Authority no later than on the 15th (fifteenth) of the second month after the end of the respective report month. (5) Underwriters of Securities as referred to in Article 13 paragraph (3) are required to submit Underwriter of Securities activity reports as referred to in Article
7 letter e which is made periodically every June and December to the Financial Services Authority no later than on the 12th (twelfth) working day of the following month.
Article 22
(1) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 14 paragraph (1) are required to submit audited annual financial reports as referred to in Article 8 letter a to the Financial Services Authority no later than the end of the 3rd (third) month after the date of the audited annual financial report. (2) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 14 paragraph (1) are required to submit unaudited annual financial reports as referred to in Article 8 letter b to the Financial Services Authority no later than the end of the 1st (first) month after the date of the unaudited annual financial report. (3) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 14 paragraph (1) are required to submit audit committee evaluation reports as referred to in Article 8 letter i to the Financial Services Authority no later than 6 (six) months after the fiscal year ends. (4) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 14 paragraph (1) are required to submit annual governance implementation reports as referred to in Article 8 letter j to the Financial Services Authority no later than every 15th of the 2nd (second) month in the following year. (5) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 14 paragraph (1) are required to submit business plan reports as referred to in Article 8 letter k to the Financial Services Authority no later than on the last working day in November. (6) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 14 paragraph (1) are required to submit business plan realization reports as referred to in Article 8 letter l to the Financial Services Authority no later than on February 15. (7) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 14 paragraph (1) are required to submit periodic reports on the implementation of other activities as referred to in Article 8 letter m to the Financial Services Authority simultaneously with the reporting as referred to in paragraph (1). (8) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 14 paragraph (1) are required to submit sustainable finance action plan reports as referred to in Article 8 letter p to the Financial Services Authority:
a. at the same time as the submission of business plans for Securities Companies required to submit business plans as part of the business plan or in a separate document; and b. no later than January 31 for Securities Companies not required to submit business plans. (9) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 14 paragraph (1) are required to submit sustainability reports as referred to in Article 8 letter q to the Financial Services Authority:
a. simultaneously with the submission of annual reports for Securities Issuance Underwriters and Securities Trading Intermediaries that are Emitters or public companies; b. no later than April 30 of the following year if submitted separately from the submission of annual reports as referred to in letter a for Securities Issuance Underwriters and Securities Trading Intermediaries that are Emitters or public companies; or
c. no later than April 30 of the following year for Securities Issuance Underwriters and Securities Trading Intermediaries that are not Emitters or public companies.
(10) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 14 paragraph (1) are required to submit reports on the appointment of public accountants and/or public accounting firms in the context of audits of historical annual financial information as referred to in Article 8 letter r to the Financial Services Authority no later than 10 (ten) working days after the appointment of public accountants and/or public accounting firms. (11) Securities Issuance Underwriters and Securities Trading Intermediaries that are Stock Exchange Members as referred to in Article 14 paragraph (2) are required to submit accountants' reports on MKBD as referred to in Article 8 letter c to the Financial Services Authority simultaneously with the reporting as referred to in paragraph (1). (12) Securities Issuance Underwriters and Securities Trading Intermediaries that are Stock Exchange Members as referred to in Article 14 paragraph (2) are required to submit self-assessment reports on risk management implementation as referred to in Article 8 letter s to the Financial Services Authority no later than on February 28. (13) Securities Trading Intermediaries as referred to in Article 14 paragraph (3) are required to submit:
a. literacy plan reports as referred to in Article 8 letter d; and b. inclusion plan reports as referred to in Article 8 letter f, to the Financial Services Authority simultaneously with the business plan reports as referred to in paragraph (5). (14) Securities Trading Intermediaries as referred to in Article 14 paragraph (3) that do not have the obligation to submit business plan reports are required to submit:
a. literacy plan reports as referred to in Article 8 letter d; and b. inclusion plan reports as referred to in Article 8 letter f, to the Financial Services Authority no later than on the 30th of November before the year the activities are carried out. (15) Securities Trading Intermediaries as referred to in Article 14 paragraph (3) are required to submit:
a. literacy plan realization reports as referred to in Article 8 letter e; and b. inclusion plan realization reports as referred to in Article 8 letter g, to the Financial Services Authority simultaneously with the business plan realization reports as referred to in paragraph (6). (16) Securities Trading Intermediaries as referred to in Article 14 paragraph (3) that do not have the obligation to submit business plan realization reports are required to submit:
a. literacy plan realization reports as referred to in Article 8 letter e; and b. inclusion plan realization reports as referred to in Article 8 letter g, to the Financial Services Authority no later than on the 30th of January of the following year.
(17) Securities Issuance Underwriters and Securities Trading Intermediaries that are Main Entities as referred to in Article 14 paragraph (4) are required to submit annual integrated governance implementation reports as referred to in Article 8 letter h to the Financial Services Authority no later than 5 (five) months after the fiscal year ends. (18) Securities Trading Intermediaries and PED as referred to in Article 14 paragraph (5) are required to submit reports on data updates related to the implementation of anti-money laundering and counter-terrorism financing programs in the financial services sector as referred to in Article 8 letter n to the Financial Services Authority no later than the end of December. (19) Securities Trading Intermediaries and PED as referred to in Article 14 paragraph (5) are required to submit reports on the realization of data updates related to the implementation of anti-money laundering and counter-terrorism financing programs in the financial services sector as referred to in Article 8 letter o to the Financial Services Authority no later than 1 (one) month after the reporting period ends. (20) Securities Trading Intermediaries that are Stock Exchange Members as referred to in Article 14 paragraph (6) are required to submit reports on data and information on the implementation of anti-money laundering and counter-terrorism financing programs as referred to in Article 8 letter t to the Financial Services Authority no later than on July 31 every year, with a data period from July 1 of the previous year to June 30 of the current year.
Article 23
(1) Securities Issuance Underwriters and Securities Trading Intermediaries that conduct activities at locations other than the headquarters as referred to in Article 15 paragraph (1) are required to submit reports on the opening of activities conducted at locations other than the headquarters as referred to in Article 9 letter a to the Financial Services Authority no later than 1 (one) working day before conducting activities at other locations. (2) Securities Issuance Underwriters and Securities Trading Intermediaries that conduct activities at locations other than the headquarters as referred to in Article 15 paragraph (1) are required to submit reports on the closing of activities conducted at locations other than the headquarters as referred to in Article 9 letter b and reports on changes to the address of activities conducted at locations other than the headquarters as referred to in Article 9 letter c to the Financial Services Authority no later than:
a. 7 (seven) days after the change; or b. 7 (seven) days after the end of June and December, in the event that there are no change reports in June or December.
(3) Securities Issuance Underwriters and Securities Trading Intermediaries that are Main Entities as referred to in Article 15 paragraph (2) are required to submit reports regarding Financial Service Institutions that are Main Entities and Financial Service Institutions that are members of Financial Conglomerates as referred to in Article 9 letter d to the Financial Services Authority no later than 20 (twenty) working days since the occurrence of the conditions:
a. new Financial Conglomerate accompanied by the appointment of a Main Entity; b. change of Main Entity;
c. change of Financial Conglomerate members; and/or
d. dissolution of Financial Conglomerate.
(4) Securities Issuance Underwriters and Securities Trading Intermediaries that are Main Entities as referred to in Article 15 paragraph (2) are required to submit reports on the adjustment of Financial Service Institutions that are Main Entities and Financial Service Institutions that are members of Financial Conglomerates as referred to in Article 9 letter e to the Financial Services Authority if ordered by the Financial Services Authority. (5) The Board of Commissioners of Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 15 paragraph (3) are required to submit reports on indications of violations of laws and regulations in the financial services sector that can endanger the continuity of the business activities of Securities Companies, committed by members of the board of commissioners, members of the board of directors, and/or employees of Securities Companies as referred to in Article 9 letter f to the Financial Services Authority no later than 3 (three) working days since the indication of violations was known. (6) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 15 paragraph (4) are required to submit revisions to governance implementation reports as referred to in Article 9 letter g to the Financial Services Authority no later than 15 (fifteen) working days since receiving the notification letter from the Financial Services Authority. (7) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 15 paragraph (4) are required to submit reports on changes to Securities Company data as referred to in Article 9 letter h to the Financial Services Authority no later than 7 (seven) working days after such changes occur. (8) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 15 paragraph (4) are required to submit reports on the resignation, dismissal, and/or expiration of the term of office of the board of directors and/or board of commissioners as referred to in Article 9 letter i to the Financial Services Authority no later than 2 (two) working days after the term of office of members of the board of directors and/or members of the board of commissioners ends automatically, resigns, or is dismissed. (9) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 15 paragraph (4) are required to submit reports on binding decisions outside the General Meeting of Shareholders (GMS) as referred to in Article 9 letter j to the Financial Services Authority no later than 7 (seven) working days after all shareholders have signed the decisions outside the GMS. (10) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 15 paragraph (4) are required to submit reports on the realization of the implementation of other Securities Company activities as referred to in Article 9 letter k to the Financial
Services Authority no later than 7 (seven) working days after the aforementioned other activities are carried out. (11) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 15 paragraph (4) are required to submit reports on the updating of data and information on the domicile of the main parties and/or parties that can be contacted as referred to in Article 9 letter m to the Financial Services Authority at any time in the event of changes. (12) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 15 paragraph (4) are required to submit reports on the results of the GMS as referred to in Article 9 letter o to the Financial Services Authority no later than 7 (seven) working days after the date of the GMS holding, accompanied by a summary of the minutes or GMS minutes. (13) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 15 paragraph (4) are required to submit reports on changes to shareholders or controlling shareholders as referred to in Article 9 letter p to the Financial Services Authority no later than:
a. 7 (seven) working days after changes to shareholders or Controlling Shareholders (PSP) occur, accompanied by a list of shareholders; or b. 7 (seven) working days since the cancellation of the OJK approval application, accompanied by a list of shareholders. (14) Securities Issuance Underwriters and Securities Trading Intermediaries as referred to in Article 15 paragraph (4) are required to submit reports on business plan adjustments as referred to in Article 9 letter q to the Financial Services Authority no later than 15 (fifteen) working days after the date of the letter from the Financial Services Authority. (15) Securities Trading Intermediaries as referred to in Article 15 paragraph (5) are required to submit reports on the addition and termination of cooperation with marketing partners of Securities Trading Intermediaries as referred to in Article 9 letter l to the Financial Services Authority no later than 7 (seven) working days since the addition and termination of such cooperation. (16) Securities Issuance Underwriters as referred to in Article 15 paragraph (6) are required to submit daily MKBD reports as referred to in Article 9 letter n to the Financial Services Authority every time underwriting activities are conducted, daily during the underwriting activity period starting from the Registration Statement being declared Effective by the Financial Services Authority until the completion of the return of customer funds after the allocation process.
Article 24
In the event that reporting as referred to in Article 18 to Article 23 has a deadline falling on a holiday, the report must be submitted no later than on the next working day.
Part Two
Submission of First-Time Sustainable Finance Action Plan Reports and Sustainability Reports
Article 25
(1) Securities Trading Intermediaries that administer customer securities accounts are required to submit first-time sustainable finance action plan reports in accordance with Financial Services Authority regulations regarding the implementation of sustainable finance for Financial Service Institutions, Emitters, and public companies. (2) Securities Trading Intermediaries that do not administer customer securities accounts are required to submit first-time sustainable finance action plan reports no later than January 31, 2024. (3) Securities Issuance Underwriters that have the obligation to submit business plans are required to submit first-time sustainable finance action plan reports at the same time as the submission of 2024 business plans as part of the business plan or in a separate document. (4) Securities Issuance Underwriters that do not have the obligation to submit business plans are required to submit first-time sustainable finance action plan reports no later than January 31, 2024. (5) PEDs that have the obligation to submit business plans are required to submit first-time sustainable finance action plan reports at the same time as the submission of 2024 business plans as part of the business plan or in a separate document. (6) PEDs that do not yet have the obligation to submit business plans are required to submit first-time sustainable finance action plan reports no later than January 31, 2024.
Article 26
(1) Securities Trading Intermediaries that are Emitters or public companies are required to submit first-time sustainability reports simultaneously with the submission of 2022 period annual reports.
(2) Securities Trading Intermediaries that are Emitters or public companies are required to submit first-time sustainability reports no later than April 30, 2023, in the event that the submission of sustainability reports is submitted separately from the submission of annual reports as referred to in paragraph (1). (3) Securities Trading Intermediaries that are not Emitters or public companies are required to submit first-time sustainability reports no later than April 30, 2023. (4) Securities Issuance Underwriters that are Emitters or public companies are required to submit first-time sustainability reports simultaneously with the submission of 2024 period annual reports. (5) Securities Issuance Underwriters that are Emitters or public companies are required to submit first-time sustainability reports no later than April 30, 2025, in the event that the submission of sustainability reports is submitted separately from the submission of annual reports as referred to in paragraph (4). (6) Securities Issuance Underwriters that are not Emitters or public companies are required to submit first-time sustainability reports no later than April 30, 2025. (7) PEDs are required to submit first-time sustainability reports no later than April 30, 2025.
Article 27
In the event that reporting as referred to in Article 25 and Article 26 has a deadline falling on a holiday, the report must be submitted no later than on the next working day.
CHAPTER VI
FORM AND SUBMISSION OF REPORTS
Part One
Form of Reports
Article 28
Interim financial reports as referred to in Article 7 letter f numbers 2 and 3, audited annual financial reports as referred to in Article 8 letter a, and accountants' reports on MKBD as referred to in Article 8 letter c must be audited by public accountants registered with the Financial Services Authority.
Article 29
In the event that the Financial Services Authority deems it necessary, it may request interim financial reports as referred to in Article 7 letter f, audited annual financial reports as referred to in Article 8 letter a, and accountants' reports on MKBD as referred to in Article 8 letter c in printed form.
Article 30
For Securities Companies that are Emitters or public companies, the obligation to submit interim financial reports as referred to in Article 7 letter f and audited annual financial reports as referred to in Article 8 letter a is in accordance with Financial Services Authority regulations regarding the obligation to submit periodic financial reports of Emitters or public companies.
Article 31
Interim financial reports as referred to in Article 7 letter f and audited annual financial reports as referred to in Article 8 letter a are prepared based on generally accepted accounting principles and accounting regulations in the capital market sector established by the Financial Services Authority.
Article 32
(1) The reporting period for audited annual financial reports as referred to in Article 8 letter a and unaudited annual financial reports as referred to in Article 8 letter b must start from January 1 to December 31.
(2) In the event that Securities Issuance Underwriters and Securities Trading Intermediaries use reporting periods other than those regulated as referred to in paragraph (1), they are required to adjust their reporting periods no later than in the following year after 1 (one) year since the issuance of this Financial Services Authority Regulation. (3) In the event that the adjustment of reporting periods as referred to in paragraph (2) causes the financial report presentation period to be longer or shorter than the 1 (one) year period, Securities Issuance Underwriters and Securities Trading Intermediaries are required to make disclosures as regulated in the Financial Accounting Standards.
Article 33
(1) Interim financial reports as referred to in Article 7 letter f, audited annual financial reports as referred to in Article 8 letter a, and unaudited annual financial reports as referred to in Article 8 letter b submitted to the Financial Services Authority must be accompanied by a statement letter regarding accountability for the financial reports, signed by all members of the board of directors and one member of the board of commissioners representing the board of commissioners. (2) All members of the board of directors and members of the board of commissioners of Securities Issuance Underwriters and Securities Trading Intermediaries are jointly and severally liable for the statements made as referred to in paragraph (1).
Article 34
Accountants' reports on MKBD as referred to in Article 8 letter c must be submitted with the following provisions:
a. prepared based on compliance audit assignments; b. submitted to the Financial Services Authority simultaneously with the submission of audited annual financial reports; and
c. examinations of MKBD calculations are conducted by accountants who examine the annual financial reports.
Article 35
Further regulations regarding the submission of reports as referred to in this Financial Services Authority Regulation are established by the Financial Services Authority.
CHAPTER VII
OTHER PROVISIONS
Article 36
Securities Issuance Underwriters and Securities Trading Intermediaries are required to account for Periodic Reports and Incidental Reports for supervisory purposes.
CHAPTER VIII
ADMINISTRATIVE SANCTIONS
Article 37
(1) Any party that violates the provisions as referred to in Article 2 paragraph (1), Article 18, Article 19, Article 20, Article 21, Article 22, Article 23, Article 24, Article 25, Article 26, Article 27, Article 28, Article 32, Article 33 paragraph (1), Article 34, and Article 36, shall be subject to administrative sanctions. (2) Sanctions as referred to in paragraph (1) are also imposed on parties who cause the occurrence of violations as referred to in paragraph (1). (3) Sanctions as referred to in paragraph (1) and paragraph (2) are imposed by the Financial Services Authority. (4) Administrative sanctions as referred to in paragraph (1) consist of:
a. written warnings; b. fines, namely the obligation to pay a certain amount of money;
c. business activity restrictions;
d. business activity suspension; e. business license revocation; f. approval cancellation; and/or g. registration cancellation.
(5) Administrative sanctions as referred to in paragraph (4) letter b, letter c, letter d, letter e, letter f, or letter g may be imposed with or without prior imposition of administrative sanctions in the form of written warnings as referred to in paragraph (4) letter a. (6) Administrative sanctions in the form of fines as referred to in paragraph (4) letter b may be imposed separately or together with the imposition of administrative sanctions as referred to in paragraph (4) letter c, letter d, letter e, letter f, or letter g. (7) The procedure for imposing sanctions as referred to in paragraph (3) is carried out in accordance with applicable laws and regulations.
Article 38
In addition to administrative sanctions as referred to in Article 37 paragraph (4), the Financial Services Authority may take certain actions against any party that violates the provisions of this Financial Services Authority Regulation.
Article 39
The Financial Services Authority may announce the imposition of administrative sanctions as referred to in Article 39 paragraph (4) and certain actions as referred to in Article 38 to the public.
CHAPTER IX
FINAL PROVISIONS
Article 40
Reporting provisions applicable to Underwriters of Securities Issues and Securities Trading Intermediaries as referred to in:
a. Financial Services Authority Regulation Number 17/POJK.03/2014 concerning the Implementation of Integrated Risk Management for Financial Conglomerates (State Gazette of the Republic of Indonesia Year 2014 Number 348, Supplement to the State Gazette of the Republic of Indonesia Number 5626); b. Financial Services Authority Regulation Number 18/POJK.03/2014 concerning the Implementation of Integrated Corporate Governance for Financial Conglomerates (State Gazette of the Republic of Indonesia Year 2014 Number 349, Supplement to the State Gazette of the Republic of Indonesia Number 5627);
c. Financial Services Authority Regulation Number 26/POJK.03/2015 concerning Integrated Minimum Capital Requirements for Financial Conglomerates (State Gazette of the Republic of Indonesia Year 2015 Number 292, Supplement to the State Gazette of the Republic of Indonesia Number 5774);
d. Financial Services Authority Regulation Number 20/POJK.04/2016 concerning Licensing of Securities Companies Engaging in Business Activities as Underwriters of Securities Issues and Securities Trading Intermediaries (State Gazette of the Republic of Indonesia Year 2016 Number 66, Supplement to the State Gazette of the Republic of Indonesia Number 5868) and its implementing regulations regarding other activities for securities companies engaging in business activities as underwriters of securities issues and securities trading intermediaries; e. Financial Services Authority Regulation Number 76/POJK.07/2016 concerning the Enhancement of Financial Literacy and Inclusion in the Financial Services Sector for Consumers and/or the Public (State Gazette of the Republic of Indonesia Year 2016 Number 315, Supplement to the State Gazette of the Republic of Indonesia Number 6003) and its implementing regulations regarding the implementation of activities to enhance financial literacy in the financial services sector and regarding the implementation of activities to enhance financial inclusion in the financial services sector; f. Financial Services Authority Regulation Number 13/POJK.03/2017 concerning the Use of Public Accountants and Public Accounting Firms in Financial Services Activities (State Gazette of the Republic of Indonesia Year 2017 Number 62, Supplement to the State Gazette of the Republic of Indonesia Number 6036) and its implementing regulations regarding the procedures for using public accountants and public accounting firms in financial services activities; g. Financial Services Authority Regulation Number 51/POJK.03/2017 concerning the Implementation of Sustainable Finance for Financial Services Institutions, Issuers, and Public Companies (State Gazette of the Republic of Indonesia Year 2017 Number 169, Supplement to the State Gazette of the Republic of Indonesia Number 6103); h. Financial Services Authority Regulation Number 57/POJK.04/2017 concerning the Implementation of Corporate Governance for Securities Companies Engaging in Business Activities as Underwriters of Securities Issues and Securities Trading Intermediaries (State Gazette of the Republic of Indonesia Year 2017 Number 211, Supplement to the State Gazette of the Republic of Indonesia Number 6126);
i. Financial Services Authority Regulation Number 73/POJK.04/2017 concerning Securities Company Activities at Various Locations (State Gazette of the Republic of Indonesia Year 2017 Number 294, Supplement to the State Gazette of the Republic of Indonesia Number 6162);
j. Financial Services Authority Regulation Number 18/POJK.07/2018 concerning Consumer Complaint Services in the Financial Services Sector (State Gazette of the Republic of Indonesia Year 2018 Number 151, Supplement to the State Gazette of the Republic of Indonesia Number 6246) and its implementing regulations regarding guidelines for implementing consumer complaint services in the financial services sector; k. Financial Services Authority Regulation Number 34/POJK.03/2018 concerning Reassessment of Key Parties of Financial Services Institutions (State Gazette of the Republic of Indonesia Year 2018 Number 259, Supplement to the State Gazette of the Republic of Indonesia Number 6285);
l. Financial Services Authority Regulation Number 9/POJK.04/2019 concerning Securities Trading Intermediaries for Debt-Characteristic Securities and Sukuk (State Gazette of the Republic of Indonesia Year 2019 Number 168, Supplement to the State Gazette of the Republic of Indonesia Number 6387);
m. Financial Services Authority Regulation Number 18/POJK.04/2019 concerning Regional Securities Companies (State Gazette of the Republic of Indonesia Year 2019 Number 144, Supplement to the State Gazette of the Republic of Indonesia Number 6372); n. Financial Services Authority Regulation Number 23/POJK.01/2019 concerning Amendments to Financial Services Authority Regulation Number 12/POJK.01/2017 concerning the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs in the Financial Services Sector (State Gazette of the Republic of Indonesia Year 2019 Number 178, Supplement to the State Gazette of the Republic of Indonesia Number 6394); o. Financial Services Authority Regulation Number 52/POJK.04/2020 concerning Maintenance and Reporting of Net Working Capital Adjusted (State Gazette of the Republic of Indonesia Year 2020 Number 276, Supplement to the State Gazette of the Republic of Indonesia Number 6589); p. Financial Services Authority Regulation Number 64/POJK.03/2020 concerning Amendments to Financial Services Authority Regulation Number 18/POJK.03/2017 concerning Reporting and Request for Debtor Information through the Financial Information Service System (State Gazette of the Republic of Indonesia Year 2020 Number 302, Supplement to the State Gazette of the Republic of Indonesia Number 6607); q. Financial Services Authority Regulation Number 6/POJK.04/2021 concerning Risk Management Implementation for Securities Companies Engaging in Business Activities as Underwriters of Securities Issues and Securities Trading Intermediaries that are Stock Exchange Members (State Gazette of the Republic of Indonesia Year 2021 Number 80, Supplement to the State Gazette of the Republic of Indonesia Number 6670) and its implementing regulations regarding the form, structure, and procedures for submitting self-assessment reports on risk management implementation by securities companies engaging in business activities as underwriters of securities issues and securities trading intermediaries that are stock exchange members; r. Financial Services Authority Regulation Number 21/POJK.04/2021 concerning Marketing Partners for Securities Trading Intermediaries (State Gazette of the Republic of Indonesia Year 2021 Number 259, Supplement to the State Gazette of the Republic of Indonesia Number 6739), shall remain valid insofar as they do not conflict with the provisions of this Financial Services Authority Regulation.
Article 41
Upon the commencement of this Financial Services Authority Regulation, reporting provisions for Underwriters of Securities Issues and Securities Trading Intermediaries as regulated in Regulation Number X.E.1 attached to the Decision of the Chairman of the Capital Market Supervisory Board and Financial Institutions Number KEP-460/BL/2008 concerning the Obligation to Submit Periodic Reports by Securities Companies, are repealed and declared invalid.
Article 42
Upon the commencement of this Financial Services Authority Regulation, Circular Letter of the Chairman of the Capital Market Supervisory Board and Financial Institutions Number SE-02/BL/2009 concerning Reports of Foreign Currency Debt/Liability Data is repealed and declared invalid.
Article 43
This Financial Services Authority Regulation shall take effect upon its enactment.
This copy is consistent with the original.
Director of Law 1
Legal Department signed
Mufli Asmawidjaja
For the knowledge of everyone, ordering the enactment of this Financial Services Authority Regulation by placing it in the State Gazette of the Republic of Indonesia.
Established in Jakarta on May 18, 2022
CHAIRMAN OF THE COMMISSIONERS BOARD
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA, signed
WIMBOH SANTOSO
Enacted in Jakarta on May 19, 2022
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA, signed
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2022 NUMBER 126
EXPLANATION
OF
FINANCIAL SERVICES AUTHORITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 8 /POJK.04/2022
CONCERNING
REPORTING BY SECURITIES COMPANIES ENGAGING IN BUSINESS ACTIVITIES AS UNDERWRITERS OF SECURITIES ISSUES AND SECURITIES TRADING INTERMEDIARIES
I. GENERAL
The Financial Services Authority, as an independent institution, has the functions, duties, and authority for regulation, supervision, examination, and investigation.
In carrying out supervisory duties, the Financial Services Authority conducts direct (onsite) supervision and indirect (offsite) supervision. One of the tools for this supervision is Reports submitted by Underwriters of Securities Issues and Securities Trading Intermediaries to the Financial Services Authority. Currently, Underwriters of Securities Issues and Securities Trading Intermediaries are required to submit reports to the Financial Services Authority with varying frequencies and scattered across several separate regulations. Given the diverse types of reports that must be submitted by Underwriters of Securities Issues and Securities Trading Intermediaries to the Financial Services Authority, it is necessary to evaluate the quantity and types of these reports. This is expected to eliminate duplication of report requests and integrate reporting information from Underwriters of Securities Issues and Securities Trading Intermediaries, thereby facilitating Underwriters of Securities Issues and Securities Trading Intermediaries and the Financial Services Authority in compiling and analyzing Reports.
From the perspective of report submission, to facilitate more accurate and efficient supervision and reporting analysis, various reports from Underwriters of Securities Issues and Securities Trading Intermediaries will be submitted through the Financial Services Authority's data communication network (e-reporting), creating a need for a legal basis and implementation of electronic reporting.
II. ARTICLE BY ARTICLE
Article 1
Sufficiently clear.
Article 2
Sufficiently clear.
Article 3
Sufficiently clear.
Article 4
What is meant by “MKBD Report” is a report as referred to in Financial Services Authority Regulations concerning the maintenance and reporting of MKBD.
Article 5
Letter a
Sufficiently clear.
Letter b
Sufficiently clear.
Letter c
What is meant by “PPE-EBUS periodic activity report” is a report as referred to in Financial Services Authority Regulations concerning PPE-EBUS.
Letter d
What is meant by “debtor report” is a report as referred to in Financial Services Authority Regulations concerning reporting and requesting debtor information through the financial information service system.
Article 6
What is meant by “complaint service report” is a report as referred to in Financial Services Authority Regulations concerning consumer complaint services in the financial services sector.
Article 7
Letter a
What is meant by “report on activities at locations other than the head office” is a report as referred to in Financial Services Authority Regulations concerning Securities Company activities at various locations.
Letter b
What is meant by “integrated capital adequacy report” is a report as referred to in Financial Services Authority Regulations concerning integrated minimum capital requirements for Financial Conglomerates.
Letter c
What is meant by “integrated risk profile report” is a report as referred to in Financial Services Authority Regulations concerning risk management implementation for Financial Conglomerates.
Letter d
What is meant by “integrated corporate governance implementation assessment report” is a report as referred to in Financial Services Authority Regulations concerning integrated corporate governance implementation for Financial Conglomerates.
Letter e
Sufficiently clear.
Letter f
Sufficiently clear.
Article 8
Letter a
Sufficiently clear.
Letter b
Sufficiently clear.
Letter c
Sufficiently clear.
Letter d
What is meant by “literacy plan report” is a report as referred to in Financial Services Authority Regulations concerning the enhancement of financial literacy and inclusion in the financial services sector for consumers and/or the public.
Letter e
What is meant by “literacy plan realization report” is a report as referred to in Financial Services Authority Regulations concerning the enhancement of financial literacy and inclusion in the financial services sector for consumers and/or the public.
Letter f
What is meant by “inclusion plan report” is a report as referred to in Financial Services Authority Regulations concerning the enhancement of financial literacy and inclusion in the financial services sector for consumers and/or the public.
Letter g
What is meant by “inclusion plan realization report” is a report as referred to in Financial Services Authority Regulations concerning the enhancement of financial literacy and inclusion in the financial services sector for consumers and/or the public.
Letter h
What is meant by “annual integrated corporate governance implementation report” is a report as referred to in Financial Services Authority Regulations concerning integrated corporate governance implementation for Financial Conglomerates.
Letter i
What is meant by “audit committee evaluation result report” is a report as referred to in Financial Services Authority Regulations concerning the use of public accountants and public accounting firms in financial services activities.
Letter j
What is meant by “annual corporate governance implementation report” is a report as referred to in Financial Services Authority Regulations concerning the implementation of corporate governance for Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Letter k
What is meant by “business plan report” is a report as referred to in Financial Services Authority Regulations concerning the implementation of corporate governance for Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Letter l
What is meant by “business plan realization report” is a report as referred to in Financial Services Authority Regulations concerning the implementation of corporate governance for Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Letter m
What is meant by “periodic report on other activities” is a report as referred to in Financial Services Authority Regulations concerning the licensing of Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Letter n
What is meant by “report on the update of data related to the implementation of anti-money laundering and counter-terrorist financing programs in the financial services sector” is a report as referred to in Financial Services Authority Regulations concerning the implementation of anti-money laundering and counter-terrorist financing programs in the financial services sector.
Letter o
What is meant by “report on the realization of data updates related to the implementation of anti-money laundering and counter-terrorist financing programs in the financial services sector” is a report as referred to in Financial Services Authority Regulations concerning the implementation of anti-money laundering and counter-terrorist financing programs in the financial services sector.
Letter p
What is meant by “sustainable finance action plan report” is a report as referred to in Financial Services Authority Regulations concerning the implementation of sustainable finance for Financial Services Institutions, Issuers, and Public Companies.
Letter q
What is meant by “sustainability report” is a report as referred to in Financial Services Authority Regulations concerning the implementation of sustainable finance for Financial Services Institutions, Issuers, and Public Companies.
Letter r
What is meant by “report on the appointment of public accountants and/or public accounting firms for the audit of annual historical financial information” is a report as referred to in Financial Services Authority Regulations concerning the use of public accountants and public accounting firms in financial services activities.
Letter s
What is meant by “self-assessment report on risk management implementation” is a report as referred to in Financial Services Authority Regulations concerning risk management implementation for Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries that are Stock Exchange Members.
Letter t
Sufficiently clear.
Article 9
Letter a
What is meant by “report on the opening of activities at locations other than the head office” is a report as referred to in Financial Services Authority Regulations concerning Securities Company activities at various locations.
Letter b
What is meant by “report on the closing of activities at locations other than the head office” is a report as referred to in Financial Services Authority Regulations concerning Securities Company activities at various locations.
Letter c
What is meant by “report on address changes for activities at locations other than the head office” is a report as referred to in Financial Services Authority Regulations concerning Securities Company activities at various locations.
Letter d
What is meant by “report concerning Financial Services Institutions that are Key Entities and Financial Services Institutions that are members of Financial Conglomerates” is a report as referred to in Financial Services Authority Regulations concerning integrated risk management implementation for Financial Conglomerates and Financial Services Authority Regulations concerning integrated corporate governance implementation for Financial Conglomerates.
Letter e
What is meant by “report on adjustments to Financial Services Institutions that are Key Entities and Financial Services Institutions that are members of Financial Conglomerates” is a report as referred to in Financial Services Authority Regulations concerning integrated corporate governance implementation for Financial Conglomerates.
Letter f
What is meant by “report on indications of violations of laws and regulations in the financial services sector that may endanger the business continuity of Securities Companies, submitted by members of the board of commissioners, members of the board of directors, and/or employees of Securities Companies” is a report as referred to in Financial Services Authority Regulations concerning the implementation of corporate governance for Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Letter g
What is meant by “revision to corporate governance implementation reports” is a report as referred to in Financial Services Authority Regulations concerning the Implementation of Corporate Governance for Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Letter h
What is meant by “report on changes in Securities Company data” is a report as referred to in Financial Services Authority Regulations concerning the licensing of Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Letter i
What is meant by “report on resignation, dismissal, and/or expiration of the term of office of the board of directors and/or board of commissioners” is a report as referred to in Financial Services Authority Regulations concerning the licensing of Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Letter j
What is meant by “report on binding decisions outside the General Meeting of Shareholders” is a report as referred to in Financial Services Authority Regulations concerning the implementation of corporate governance for Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries. Examples of binding decisions outside the General Meeting of Shareholders include circular decisions.
Letter k
What is meant by “report on the realization of other Securities Company activities” is a report as referred to in Financial Services Authority Regulations concerning other activities for Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Letter l
What is meant by “report on the addition and termination of cooperation with marketing partners for Securities Trading Intermediaries” is a report as referred to in Financial Services Authority Regulations concerning marketing partners for Securities Trading Intermediaries.
Letter m
What is meant by “report on the update of data and information regarding the domicile of key parties and/or parties that can be contacted” is a report as referred to in Financial Services Authority Regulations concerning the reassessment of key parties of Financial Services Institutions.
Letter n
What is meant by “daily MKBD report for Underwriters of Securities Issues who are not Stock Exchange Members who are currently conducting securities underwriting activities” is a report as referred to in Financial Services Authority Regulations concerning the maintenance and reporting of MKBD.
Letter o
What is meant by “General Meeting of Shareholders (GMS) result report” is a report as referred to in Financial Services Authority Regulations concerning the licensing of Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Letter p
What is meant by “report on changes in shareholders or controlling shareholders” is a report as referred to in Financial Services Authority Regulations concerning the licensing of Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Letter q
What is meant by “business plan adjustment report” is a report as referred to in Financial Services Authority Regulations concerning the implementation of corporate governance for Securities Companies engaging in business activities as Underwriters of Securities Issues and Securities Trading Intermediaries.
Article 10
What is meant by “Securities Trading Intermediaries that administer customer securities accounts” is Securities Trading Intermediaries that are Stock Exchange Members.
Article 11
Sufficiently clear.
Article 12
Sufficiently clear.
Article 13
Sufficiently clear.
Article 14
Sufficiently clear.
Article 15
Sufficiently clear.
Article 16
Paragraph (1)
Sufficiently clear.
Paragraph (2)
For self-assessment reports on risk management implementation, the email referred to is addressed to bppe@ojk.go.id.
Paragraph (3)
For self-assessment reports on risk management implementation, the email referred to is addressed to bppe@ojk.go.id.
Article 17
Paragraph (1)
What is meant by “force majeure” includes fire, riots, war, armed conflict, sabotage, and natural disasters such as floods and earthquakes that disrupt the operational activities of Underwriters of Securities Issues and Securities Trading Intermediaries, which are justified by officials of the relevant local government agency.
Paragraph (2)
Sufficiently clear.
Article 18
Sufficiently clear.
Article 19
Sufficiently clear.
Article 20
What is meant by “quarterly” is the end position of the month of March, the month of June, the month of September, and the month of December.
Article 21
Sufficiently clear.
Article 22
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
Sufficiently clear.
Paragraph (4)
Sufficiently clear.
Paragraph (5)
Sufficiently clear.
Paragraph (6)
Sufficiently clear.
Paragraph (7)
Sufficiently clear.
Paragraph (8)
Sufficiently clear.
Paragraph (9)
Sufficiently clear.
Paragraph (10)
What is meant by “appointment of public accountants and/or public accounting firms” is the appointment of public accountants and/or public accounting firms as referred to in Financial Services Authority Regulations concerning the use of public accountants and public accounting firms in financial services activities.
Paragraph (11)
Sufficiently clear.
Paragraph (12)
Sufficiently clear.
Paragraph (13)
Sufficiently clear.
Paragraph (14)
Sufficiently clear.
Paragraph (15)
Sufficiently clear.
Paragraph (16)
Sufficiently clear.
Paragraph (17)
Sufficiently clear.
Paragraph (18)
Sufficiently clear.
Paragraph (19)
Sufficiently clear.
Paragraph (20)
Sufficiently clear.
Article 23
Sufficiently clear.
Article 24
Sufficiently clear.
Article 25
Sufficiently clear.
Article 26
Sufficiently clear.
Article 27
Sufficiently clear.
Article 28
Sufficiently clear.
Article 29
Sufficiently clear.
Article 30
Sufficiently clear.
Article 31
What is meant by “generally accepted accounting principles” is accounting standards established by the Indonesian Accountants Association.
What is meant by “accounting standards” are statements and interpretations issued by the Financial Accounting Standards Board of the Indonesian Accountants Association and the Sharia Financial Accounting Standards Board of the Indonesian Accountants Association, as well as laws and regulations in the capital market sector for entities conducting activities in the capital market as regulated in Financial Services Authority Regulations concerning the preparation of financial reports by Securities Companies.
Article 32
Sufficiently clear.
Article 33
Sufficiently clear.
Article 34
Letter a
The term "compliance audit" refers to an engagement assigned to a Public Accountant using Assurance Standard 3000.
Letter b
Sufficiently clear.
Letter c
Sufficiently clear.
Article 35
Sufficiently clear.
Article 36
Sufficiently clear.
Article 37
Sufficiently clear.
Article 38
The term "specific actions" includes, among others, actions by the Financial Services Authority ordering the submission of reports outside the time limits established in this Financial Services Authority regulation.
Article 39
Sufficiently clear.
Article 40
Sufficiently clear.
Article 41
Sufficiently clear.
Article 42
Sufficiently clear.
Article 43
Sufficiently clear.
SUPPLEMENT TO THE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 6796 ---
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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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