General Limited Liability Company ("PT") License
1. Establishment phase
A PT is established by form of Deed of Establishment (Akta Pendirian Perseroan Terbatas) made by a notary and Ministry of Law and Human Rights Ratification (Surat Keputusan Menteri Hukum dan HAM). Both of the documents will be made in Bahasa Indonesia, you are advised to make a translation upon it.
By the issuance of the Ministry of Law and Human Rights Ratification, your PT has been legally established.
2. Taxation license
As an Indonesian legal entity, the PT is subject to Indonesian Tax Law. Thus, PT is obliged to hold an Initial Taxpayer Number (Nomor Pokok Wajib Pajak) or "NPWP". The NPWP is usually issued along a Registration Letter (Surat Keterangan Terdaftar) or "SKT".
In case of PT would like to have VAT register, then the PT should apply for the “VAT Register (Surat Keputusan Pengusaha Kena Pajak) or "SP-PKP".
3. PT License
As soon as the PT have NPWP, then the PT should register via Online Single Submission (OSS). The OSS will then issue few OSS-generated licenses namely:
- Business Identification Number (Nomor Induk Berusaha) or NIB;
The NIB also serves as:
- Certificate of Company Registration (Tanda Daftar Perusahaan) or TDP
- Importer Identification Number (Angka Pengenal Impor) or API
- Customs Identification Number (Nomor Identitas Kepabeanan) or NIK
The NIB enables the Company to:
- Open a corporate bank account in Indonesia
- Buy assets
- Hire staff and proceed with applying for temporary visa permits for foreign workers.
- Import capital goods and/or raw or supportive materials
- Custom access of custom services to the Directorate General of Customs and Excise
- Register the company under the Indonesian Health and Social Security system (BPJS Kesehatan and BPJS Ketenagakerjaan).
- Business License (Izin Usaha);
Business license for PT might differ depending on the PT’s business activity and also based upon the risk scale as determined by the Government. The remarkable licenses among other are:
|Risk Level||Low Risk||Low Medium Risk||High Medium Risk||High Risk|
|Business License||Business Identification Number (NIB)||Business Identification Number (NIB) and Standard Certificate (SS) in the form of Independent Statement||Business Identification Number (NIB) and Standard Certificate (SS) which must be verified by the Ministry/Agen cy/Local Government||Business Identification Number (NIB), Permits that must be approved by the Ministry/Agen cy/Local Government, and/or Standard Certificate (SS) if needed|
- Number of business activity are still subject to sectoral regulation; therefore, the business license will need to apply to the related ministry/institution.
- The Business License might be subject to certain commitments that needs to be fulfilled prior to licensing. For example, a Construction Services Business License (IUJK) will require the PT holder to apply the Legal Entity Certificate/Sertifikat Badan Usaha “SBU” at the Construction Service Development Institutions/Lembaga Pengembangan Jasa Konstruksi (LPJK).
- Commercial Licenses (Izin Komersial). Commercial or operational license is the license required in order to market, distribute, export the goods/services produced, and/or import raw materials/components/finished goods. For Example: PT XYZ, a pharmaceutical trading company, has a Trading Business License or SIUP. The PT then applies for a Pharmacy Distribution Certificate submitted by Pharmaceutical Wholesaler/Sertifikat Distribusi Farmasi diajukan oleh Pedagang Besar Farmasi (PBF) in order to enable the PT to trade medicines.
4. Environmental Licenses
A PT might need to hold an environmental license depending on the business activity. The types of environmental licenses are:
- Environmental impact analysis (Analisis Dampak Lingkungan) or AMDAL
- Environmental Management Efforts - Environmental Monitoring Efforts (Upaya Pengelolaan Lingkungan – Upaya Pemantauan Lingkungan) or UKL UPL
- Statement of Capability in Environmental Management and Monitoring (Surat Pernyataan Kesanggupan Pengelolaan dan Pemantauan Lingkungan Hidup) or SPPL
For Human Resource-related license, please refer to here.