Indonesia, with its vibrant economy, abundant natural resources, and massive consumer market, stands as a prime destination for foreign investment. Establishing a foreign-owned company, known as PT Penanaman Modal Asing (PT PMA), is the gateway for international businesses to tap into these opportunities.
However, navigating the legal complexities and regulatory landscape can be challenging. This is where Legalinfo steps in. As your dedicated legal partner, we simplify the process of establishing your PT PMA, ensuring compliance, speed, and peace of mind for your investment in Indonesia.
Legalinfo is not just a service provider; we are your strategic ally, equipped with deep legal expertise and a commitment to your success.
Expert Legal Guidance: Our team comprises experienced corporate lawyers specializing in Indonesian foreign investment law. We provide sound advice to mitigate risks and ensure full compliance.
Efficient & Transparent Process: We understand the value of your time. Our streamlined process is designed for speed and clarity, keeping you informed at every stage without hidden fees.
Comprehensive Service: From initial consultation and company name reservation to obtaining all necessary permits and licenses, we handle every aspect of your PT PMA establishment.
Tailored Solutions: Every investment is unique. We offer customized solutions that fit your specific business model, industry, and investment goals.
Multi-Language Support: We bridge communication gaps, ensuring clear understanding and seamless collaboration for our international clients.
Nationwide Coverage: Our services extend across Indonesia, allowing you to establish your PT PMA wherever your business opportunities lie.
A PT PMA (Perseroan Terbatas Penanaman Modal Asing) is a limited liability company established under Indonesian law, where foreign individuals or entities hold ownership. It is the primary legal vehicle for foreign direct investment (FDI) in most sectors of the Indonesian economy.
Key Characteristics of a PT PMA:
Foreign Ownership: Can be 100% foreign-owned in many sectors, or partially owned in restricted sectors (refer to the Positive Investment List).
Limited Liability: Shareholders’ liability is limited to their capital contribution.
Legal Entity: A distinct legal personality, separate from its owners.
Minimum Capital Requirement: As per Indonesian regulations, PT PMA requires a minimum issued and paid-up capital of IDR 10 billion (approximately USD 650,000 – subject to exchange rates), unless specified otherwise by sector-specific regulations or exemptions for certain business activities.
Since the enactment of the Job Creation Law (UU Cipta Kerja) and its implementing regulations (Government Regulation No. 5/2021), the Negative Investment List (DNI) has been replaced by the Positive Investment List (DPI). This list outlines:
Priority Sectors: Industries eligible for various incentives.
Sectors with Conditions: Industries where foreign ownership is permitted up to a certain percentage or requires partnership with local SMEs.
Open Sectors: Industries generally open to 100% foreign ownership.
Prohibited Sectors: A very limited number of sectors closed to all investment (local or foreign).
Our team at Legalinfo will help you accurately identify your industry’s classification and its specific foreign ownership regulations, ensuring your investment aligns with the latest government policies.
Legalinfo offers an end-to-end solution for your PT PMA establishment:
Pre-Establishment Consulting:
Review of your business activities (KBLI) against the Positive Investment List.
Guidance on optimal company structure and foreign ownership percentage.
Advice on minimum capital requirements.
Company Name Reservation:
Checking availability and reserving your desired company name with the Ministry of Law and Human Rights (Kemenkumham).
Deed of Establishment & Articles of Association:
Drafting and notarizing the Deed of Establishment (Akta Pendirian) with comprehensive Articles of Association by an Indonesian Public Notary.
Ensuring compliance with Indonesian Company Law.
Legalization by Kemenkumham:
Obtaining the official Decree (SK) from the Ministry of Law and Human Rights, recognizing your PT PMA as a legal entity.
Tax Registration (NPWP & SKT):
Registering your company with the Indonesian Tax Office to obtain a Taxpayer Identification Number (NPWP) and Tax Registered Letter (SKT).
Business Identification Number (NIB) & Licenses via OSS RBA:
Assisting with registration through the Online Single Submission Risk-Based Approach (OSS RBA) system to acquire your NIB (Nomor Induk Berusaha).
Identifying and securing necessary Business Licenses (Izin Usaha) and Commercial/Operational Licenses (Izin Komersial/Operasional) based on your KBLI and risk level.
Bank Account Opening Assistance:
Guidance and support for opening a corporate bank account in Indonesia.
Post-Establishment Compliance:
Advisory on BPJS Ketenagakerjaan (Manpower Social Security) and BPJS Kesehatan (Health Social Security) registration.
Ongoing legal support and compliance monitoring.
Our streamlined process ensures efficiency and clarity for our foreign investors:
Initial Consultation (Day 1): Discuss your business plan, intended activities, and investment structure. We provide preliminary legal advice and a clear quotation.
Data Collection & Name Reservation (Day 1-2): You provide necessary shareholder/director data. We check and reserve your company name.
Deed Drafting & Notarization (Day 2-4): Our Public Notary drafts the Deed of Establishment. Once approved, it is signed (can be done remotely or via Power of Attorney).
Kemenkumham Legalization (Day 4-6): We submit the Deed for official approval and obtain the SK Pengesahan (Legalization Decree) from Kemenkumham.
Tax & OSS Registration (Day 6-10): We register your company for NPWP, SKT, NIB, and secure initial Business Licenses through the OSS RBA system.
Final Document Handover: All official documents (Deed, SK, NPWP, NIB, Licenses) are delivered to you. Your PT PMA is now officially ready to operate!
To expedite the process, please prepare the following documents:
For Foreign Individual Shareholder(s)/Director(s)/Commissioner(s):
Passport Copy
Foreign Tax Identification Number (if any)
Curriculum Vitae (CV)
Address details
For Foreign Corporate Shareholder(s):
Articles of Association (or similar legal formation document) of the parent company, legalized/apostilled.
Certificate of Incorporation of the parent company, legalized/apostilled.
Latest Financial Statement of the parent company, legalized/apostilled.
Passport Copy of the Director(s) of the parent company.
Power of Attorney (if appointing a representative).
For the Proposed PT PMA:
Proposed Company Name (3 options).
Detailed description of business activities (KBLI codes if known).
Proposed Domicile Address (if no physical office, we can assist with Virtual Office solutions).
Paid-up Capital confirmation.
Q: What is the minimum investment for a PT PMA? A: The Indonesian government generally requires a total investment plan of more than IDR 10 billion (excluding land and building), with a minimum issued and paid-up capital of IDR 2.5 billion. However, specific sectors might have different requirements or exemptions.
Q: Can a PT PMA be 100% foreign-owned? A: Yes, many sectors are open to 100% foreign ownership. However, some strategic or regulated sectors may have foreign ownership limitations or require local partnerships, as stipulated in the Positive Investment List.
Q: What is the NIB, and why is it important? A: The NIB (Nomor Induk Berusaha) is a Business Identification Number issued via the OSS RBA system. It serves as your company’s identity, legality, and acts as a single reference for all business permits and licenses.
Q: How long does it take to establish a PT PMA? A: The timeframe can vary depending on the complexity of your business and document readiness. With Legalinfo, the core registration process (Deed, SK Kemenkumham, NPWP, NIB) typically takes 2-4 weeks. Additional licenses may extend the timeline.
Q: Do I need to be physically present in Indonesia for the establishment process? A: Not necessarily. Many steps can be managed remotely through Power of Attorney or online submissions. We will guide you through the most efficient way.
Q: What if my business activity is not explicitly listed in the KBLI? A: Our team will help you find the closest and most appropriate KBLI codes for your business activities to ensure proper registration and licensing.
Don’t let legal complexities hinder your investment in Indonesia’s promising market. Legalinfo is here to provide seamless, expert, and trustworthy assistance for your PT PMA establishment.
Contact us today for a free consultation and let’s discuss how we can help you successfully launch your business in Indonesia.
WhatsApp/Phone: 0896-2908-3100
Email: admin@legalinfo.id
Disclaimer:
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