Dasar Hukum Nominee Agreement

In this article, I will discuss more about nominated arrangements, which are common in practice. Nina, with 2 friends Tata and Dewi, plans to start a company in the form of PT that will take care of souvenir exports to Italy. He was friends by chance with Paolo, who is an Italian citizen and lives in Indonesia. Moreover, Paolo has actually invested the most capital, which represents about 90% of PT`s total capital. However, if Paolo enters the PT as a shareholder, the PT must automatically take the form of Foreign Investment (PMA) by applying all the rules and procedures required in a PT PMA, based on the legislation in force in Indonesia. The alternative we propose is to create a slightly more complicated structure, but not just a nominated agreement. Therefore, in this case, the adversary acts as a minority shareholder, but can obtain the maximum interest and benefits on the loans granted by the guarantees received. In order for the law to be a solid legal strategy and to remain in the right corridor, we therefore recommend that the existence of a loan agreement granted to our client or another party, considered to be considered by foreign investors, can trust the person that he fulfills the obligation to return the loan in a timely manner and that he is there in good faith. To this end, the composition of investments becomes 49% of the shares of foreign investors and 51% to our clients. . .


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