SEOJK Regarding the Electronic Submission Procedure by Issuers or Public Companies

To:
Directors of Issuers and Public Companies

COPY
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY NUMBER 6/SEOJK.04/2014 REGARDING THE ELECTRONIC SUBMISSION PROCEDURE BY ISSUERS OR PUBLIC COMPANIES

In order to improve the effectiveness and efficiency of report submissions by Issuers or Public Companies to the Financial Services Authority, and considering Regulation Number II.A.3, Appendix of the Decision of the Chairman of Bapepam Number Kep-41/PM/1997 dated December 26, 1997 regarding Letters, Reports, and Other Documents Sent to Bapepam, and Regulation Number II.A.4, Appendix of the Decision of the Chairman of Bapepam and LK Number Kep-496/BL/2012 dated September 14, 2012 regarding the Implementation of Electronic Service Systems, it is necessary to regulate provisions regarding the electronic submission procedure by Issuers or Public Companies to the Financial Services Authority in the Financial Services Authority Circular Letter as follows:

I. GENERAL PROVISIONS

1. The Financial Services Authority, hereinafter abbreviated as OJK, is the Financial Services Authority as referred to in Law Number 21 of 2011 concerning the Financial Services Authority.

2. The reports referred to in this Financial Services Authority Circular Letter include reports, information disclosures, or document submissions submitted by Issuers or Public Companies to OJK as determined in this Financial Services Authority Circular Letter.

3. With this Financial Services Authority Circular Letter, OJK implements and enforces an electronic report submission system by Issuers or Public Companies to OJK through the Electronic Reporting System for Issuers or Public Companies, hereinafter abbreviated as SPE.

4. To use SPE, Issuers or Public Companies must provide adequate hardware, software, and internet network with computer and application specifications as contained in the user manual of Issuers or Public Companies, which can be downloaded through the OJK website at https://spe.ojk.go.id.

II. TYPES OF REPORTS

Reports mandated by capital market legislation submitted to OJK are as follows:

1. Regulation Number X.M.1, Appendix of the Decision of the Chairman of Bapepam and LK Number: Kep-82/PM/1996 dated January 17, 1996 regarding Disclosure of Information on Specific Shareholders, namely reports on ownership and any changes in ownership of Issuers or Public Companies;

2. Regulation Number IX.I.1, Appendix of the Decision of the Chairman of Bapepam Number: Kep-60/PM/1996 dated January 17, 1996 concerning Plans and Implementation of General Meetings of Shareholders, namely the submission of agendas for General Meetings of Shareholders and the results of General Meetings of Shareholders;

3. Regulation Number IX.I.4, Appendix of the Decision of the Chairman of Bapepam Number: Kep-63/PM/1996 dated January 17, 1996 concerning the Establishment of Company Secretaries, namely reports on the establishment of Company Secretaries (Corporate Secretary);

4. Regulation Number X.K.1, Appendix of the Decision of the Chairman of Bapepam Number: Kep-86/PM/1996 dated January 24, 1996 regarding Disclosure of Information That Must Be Immediately Announced to the Public, namely reports on information disclosure that must be immediately announced to the public;

5. Regulation Number X.K.5, Appendix of the Decision of the Chairman of Bapepam Number: Kep-46/PM/1998 dated August 14, 1998 regarding Information Disclosure for Issuers or Public Companies That Have Filed Bankruptcy Statements, namely:
   a. reports regarding the condition of failure or inability to avoid failure to pay obligations of Issuers or Public Companies to unaffiliated lenders; b. reports regarding Issuers or Public Companies that have filed bankruptcy statements; and
   c. reports of bankruptcy statement petitions to the Court regarding Issuers or Public Companies by Parties as referred to in Article 85 of Law Number 8 of 1995 concerning Capital Markets;

6. Regulation Number X.K.4, Appendix of the Decision of the Chairman of Bapepam Number: Kep-27/PM/2003 dated July 17, 2003 concerning Reports on the Realization of the Use of Proceeds from Public Offerings, namely reports on the realization of the use of proceeds from Public Offerings;

7. Regulation Number IX.D.5, Appendix of the Decision of the Chairman of Bapepam Number: Kep-35/PM/2003 dated September 30, 2003 concerning Bonus Shares, namely:
   a. reports on the allocation of Bonus Shares/Stock Dividends; b. reports on the distribution of Bonus Shares/Stock Dividends; and
   c. information disclosure regarding plans for the distribution of Bonus Shares/Stock Dividends;

8. Regulation Number IX.I.7, Appendix of the Decision of the Chairman of Bapepam and LK Number: Kep-496/BL/2008 dated November 28, 2008 concerning the Establishment and Guidelines for Preparing Internal Audit Unit Charters, namely reports on the appointment, replacement, or dismissal of the Head of the Internal Audit Unit;

9. Regulation Number IX.E.1, Appendix of the Decision of the Chairman of Bapepam and LK Number: Kep-412/BL/2009 dated November 25, 2009 concerning Affiliate Transactions and Conflicts of Interest in Certain Transactions, namely reports on affiliate transactions and conflicts of interest in certain transactions;

10. Regulation Number IX.D.4, Appendix of the Decision of the Chairman of Bapepam and LK Number: Kep- 429/BL/2009 dated December 9, 2009 Concerning Capital Increases Without Preemptive Rights, namely:
    a. information disclosure regarding the timing of capital increases; and b. reports on the results of capital increase implementations;

11. Regulation Number XI.B.2, Appendix of the Decision of the Chairman of Bapepam and LK Number: Kep-105/BL/2010 dated April 13, 2010 Concerning the Repurchase of Shares Issued by Issuers or Public Companies, namely:
    a. reports on the results of share repurchases (buy back); b. reports on the transfer of shares resulting from buy backs;
    c. proof of announcement in newspapers; and
    d. information disclosure regarding the implementation of buy backs;

12. Regulation Number X.K.2, Appendix of the Decision of the Chairman of Bapepam and LK Number: KEP-346/BL/2011 dated July 5, 2011 Concerning the Obligation to Submit Periodic Financial Reports by Issuers or Public Companies, namely Annual Financial Reports and Mid-Year Financial Reports;

13. Regulation Number IX.E.2, Appendix of the Decision of the Chairman of Bapepam and LK Number: Kep-614/BL/2011 dated November 28, 2011 Concerning Material Transactions and Changes in Main Business Activities, namely reports on Material Transactions and changes in Main Business Activities;

14. Regulation Number X.K.6, Appendix of the Decision of the Chairman of Bapepam and LK Number: Kep-431/BL/2012 dated August 1, 2012 Concerning the Submission of Annual Reports by Issuers or Public Companies, namely Annual Reports;

15. Regulation Number IX.I.5, Appendix of the Decision of the Chairman of Bapepam and LK Number: Kep-643/BL/2012 dated December 7, 2012 Concerning the Establishment and Guidelines for the Implementation of Audit Committee Work, namely reports on the appointment and dismissal of Audit Committees; and

16. Regulation Number IX.C.11, Appendix of the Decision of the Chairman of Bapepam and LK Number: Kep-712/BL/2012 dated December 26, 2012 Concerning Rating of Debt-Related Effects and/or Sukuk, namely:
    a. reports on rating results for Debt-Related Effects and/or Sukuk; and b. proof of announcement in newspapers.

III. REPORTING PROCEDURE

1. Issuers or Public Companies may submit reports electronically to OJK through SPE as available on the OJK website at https://spe.ojk.go.id.

2. Issuers or Public Companies may only submit reports electronically to OJK through SPE after obtaining access rights in the form of user ID and password from OJK.

3. Issuers or Public Companies must read and comply with the procedures and usage guidelines for SPE, which can be downloaded from the OJK website at https://spe.ojk.go.id.

4. Reports submitted by Issuers or Public Companies through SPE must be identical to those contained in the original printed documents (hard copy) submitted to OJK.

5. In the event of discrepancies in data and/or information between the original printed documents (hard copy) and the electronic reports submitted through SPE, the original printed documents (hard copy) received by OJK shall prevail.

6. In the event of errors or inaccuracies in submitting electronic reports, Issuers or Public Companies may resubmit the aforementioned reports by providing additional information regarding revisions to the reports through SPE.

7. Issuers or Public Companies are fully responsible for the use and misuse of SPE.

8. Reports submitted by Issuers or Public Companies through SPE are final as long as there are no discrepancies with the original printed documents (hard copy) submitted to OJK.

9. The electronic submission of reports by Issuers or Public Companies through SPE does not eliminate the obligation of Issuers or Public Companies to submit reports in original printed form (hardcopy).

10. Proof of report submission by Issuers or Public Companies recognized by OJK is:
    a. electronic proof issued by SPE via email notification of report acceptance by OJK to Issuers or Public Companies, in the event that report submission is conducted electronically; and b. the OJK Secretariat Stamp, in the event that report submission is conducted in original printed form (hard copy).

11. The calculation of the timeliness and delay of report submissions by Issuers or Public Companies to OJK, whether submitting reports electronically or in original printed form (hard copy) as referred to in number 10, is based on the report received earlier by OJK.

12. Electronic reports submitted by Issuers or Public Companies are considered received by OJK if Issuers or Public Companies have received notification in the form of electronic proof issued by SPE via email notification of report acceptance by OJK to Issuers or Public Companies.

13. From the time this Financial Services Authority Circular Letter takes effect until SPE operates fully, Issuers or Public Companies must conduct trial submissions of electronic reports through SPE. During the trial implementation period, reports recognized by OJK are those sent in original printed form (hard copy).

14. Issuers or Public Companies may submit reports electronically through SPE fully starting from June 1, 2014.

IV. CLOSING

This Financial Services Authority Circular Letter takes effect on the date of establishment.

To ensure that everyone knows this, it is ordered that the announcement of this Financial Services Authority Circular Letter be placed in the State Gazette of the Republic of Indonesia.

Established in Jakarta on April 24, 2014
EXECUTIVE HEAD OF CAPITAL MARKET SUPERVISOR,

Signed,
NURHAIDA

Copy matches the original
Director of Legal Affairs I,
Legal Department

Signed,
Tini Kustini

STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 47 DATED JUNE 13, 2014 Director of Legal Affairs I, Legal Department