2015-12-29 | 60/POJK.04/2015Added
This regulation mandates that directors or commissioners of public companies must report their share ownership and any changes to the Financial Services Authority within 10 days of the transaction. The reporting obligation extends to any party holding 5% or more of the paid-up shares in a public company. Reports must include specific details such as identity, transaction volume, price, date, and purpose, and are made available to the public. The Financial Services Authority is authorized to impose administrative sanctions, including fines and license revocation, for violations, and this regulation repeals the previous 1996 Capital Market Supervisory Board decision on the same subject.
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BY THE GRACE OF GOD THE ALMIGHTY,
THE COMMISSIONERS COUNCIL OF THE FINANCIAL SERVICES AUTHORITY,
Considering:
a. that with the enactment of Law Number 21 of 2011 concerning the Financial Services Authority, as of December 31, 2012, the functions, duties, and authority for the regulation and supervision of financial service activities in the Capital Market sector, including regulations regarding the disclosure of information on certain shareholders, have transferred from the Capital Market Supervisory Agency and Financial Institutions to the Financial Services Authority; b. that in order to provide clarity and certainty regarding regulations on the disclosure of information on certain shareholders, regulations regarding the Disclosure of Information on Certain Shareholders issued prior to the establishment of the Financial Services Authority need to be changed into a Financial Services Authority Regulation;
c. that based on the considerations referred to in letters a and b, it is necessary to issue a regulation regarding the Disclosure of Information on Certain Shareholders by establishing a Financial Services Authority Regulation;
THE FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
COPY
Recalling:
DECIDING:
To Establish: FINANCIAL SERVICES AUTHORITY REGULATION CONCERNING DISCLOSURE OF INFORMATION ON CERTAIN SHAREHOLDERS.
In this Financial Services Authority Regulation, the term "Open Company" refers to an Issuer that has conducted a Public Offering of Equity Securities or a Public Company.
The Director or Board of Commissioners of an Open Company is required to report to the Financial Services Authority regarding ownership and any changes in ownership of shares in the Open Company, no later than 10 (ten) days since the transaction occurred.
The obligation as referred to in Article 2 also applies to any Party that owns 5% (five percent) or more of the paid-up shares in an Open Company.
The report as referred to in Article 2 and Article 3 must include at least:
a. name, residence, and nationality; b. the number of shares bought or sold;
c. the purchase and sale price per share;
d. the transaction date; and e. the purpose of the transaction.
A copy of the report as referred to in Article 2 and Article 3 is available to the public and can be duplicated at the Financial Services Authority.
(1) Without prejudice to criminal provisions in the Capital Market sector, the Financial Services Authority has the authority to impose administrative sanctions on any party that violates the provisions of this Financial Services Authority Regulation, including parties that cause the violation to occur, in the form of:
a. written warning; b. fine, namely the obligation to pay a certain amount of money;
c. restriction on business activities;
d. suspension of business activities; e. revocation of business license; f. cancellation of approval; and g. cancellation of registration.
(2) Administrative sanctions as referred to in paragraph (1) letters b, c, d, e, f, or g may be imposed with or without prior imposition of an administrative sanction in the form of a written warning as referred to in paragraph (1) letter a.
(3) Administrative sanctions in the form of a fine as referred to in paragraph (1) letter b may be imposed separately or together with the imposition of administrative sanctions as referred to in paragraph (1) letters c, d, e, f, or g.
In addition to administrative sanctions as referred to in Article 6 paragraph (1), the Financial Services Authority may take certain actions against any party that violates the provisions of this Financial Services Authority Regulation.
At the time this Financial Services Authority Regulation takes effect, the Decision of the Chairman of the Capital Market Supervisory Agency Number: KEP-82/PM/1996 dated January 17, 1996 concerning the Disclosure of Information on Certain Shareholders, along with Regulation Number X.M.1 which is its attachment, is repealed and declared invalid.
This Financial Services Authority Regulation takes effect on the date of its enactment.
In order for everyone to know it, order the enactment of this Financial Services Authority Regulation by placing it in the State Gazette of the Republic of Indonesia.
Established in Jakarta on December 23, 2015
CHAIRMAN OF THE COMMISSIONERS COUNCIL
FINANCIAL SERVICES AUTHORITY,
signed
MULIAMAN D. HADAD
Enacted in Jakarta on December 29, 2015
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
signed
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2015 NUMBER 411
A copy in accordance with the original
Legal Director 1
Ministry of Law
signed
Sudarmaji
That as of December 31, 2012, the functions, duties, and authority for the regulation and supervision of financial service activities in the Capital Market, Insurance, Pension Fund, Financing Institutions, and Other Financial Service Institutions sectors have transferred from the Minister of Finance and the Capital Market Supervisory Agency and Financial Institutions to the Financial Services Authority.
In relation to the above, it is necessary to restructure existing regulations, particularly those related to the Capital Market sector, by converting Capital Market Supervisory Agency and Financial Institutions Regulations related to the Capital Market sector into Financial Services Authority Regulations. The restructuring is intended to ensure that there are Financial Services Authority Regulations related to the Capital Market sector that are consistent with Financial Services Authority Regulations in other sectors.
Based on the background and aspects mentioned, it is necessary to convert Regulation Number X.M.1, Attachment of the Decision of the Chairman of the Capital Market Supervisory Agency Number: KEP-82/PM/1996 concerning the Disclosure of Information on Certain Shareholders dated January 17, 1996.
Article 1
Sufficiently clear.
Article 2
Sufficiently clear.
Article 3
Sufficiently clear.
Article 4
Sufficiently clear.
Article 5
Sufficiently clear.
Article 6
Sufficiently clear.
Article 7
Sufficiently clear.
Article 8
Sufficiently clear.
Article 9
Sufficiently clear.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 5829
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Amended 1 time · last 2017-03-14
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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