e activities of sharia financial institutions.
27.Board of the Supervising Board of Sharia is the board recommended by the DSN placed in the Penassurance or Reassurance that is responsible for the supervision of the activities of the Guaranteed Undertaking or Reassurance in accordance with the impeded Syariah Principles. by DSN.
28.Examination is a series of activities that collect, search, process, and evaluate data and information about the activities of the Guarantee or Reassurance, which aims to gain confidence in the truth of the periodic report, compliance against the provisions in the laws of the institution of the disposal and ensure that the periodic report corresponds to the actual state of the company.
29.Examiner is an employee of the Bureau of Financing and Warranty, the Supervising Board of the Capital Market and the Financial Institution or other parties appointed by the Chairman of the Capital Market Supervising Board and the Financial Instituts.
The 30.Letter Examination is a letter issued by the Chief of the Bureau of Financing and Warranties on behalf of the Chairman of the Modal Market Supervising Board and the Financial Institutorates used by the Examiner as the basis for conducting the Examination.
31.A Notice of Examination is a letter issued by the Chief of the Bureau of Financing and Warranty on behalf of the Chairman of the Modal Market Supervising Board and the Financial Instituts delivered to the Warranted Warranties or Guarantee that will be examined.
32.Minister is the Finance Minister of the Republic of Indonesia.
2. The provisions of Article 3 are changed so that it reads as follows:
Section 3
(1) In addition to conducting business activities as referred to in Article 2 of the paragraph (1), the Guarantee may conduct other business activities, namely:
a. The loan guarantee that the cooperative is channeled to its members;
B. Credit and/or loan guarantee partnership programs are channeled the state-owned enterprise in order of partnership programs and environmental bina (PKBL);
C. Warranty of a loan deposit with a lien and fiduciary guarantee;
D. Warranty of a debt letter;
e. Warranty of trade transactions;
f. Guarantee of procurement of goods and/or services (surety bond);
G. Warranty bank warranty (counter-bank warranty);
h. Warranty of domestic document credit (SKBDN);
i. Warranty letter of credit (L/C);
J. Custom bond (custom bond);
No, management consulting services related to the Warranty Efforts;
I. The provisioning of the information is related to the Warranty Service's activities; and/or
M. Other guarantees after obtaining the Minister's approval.
(2) Reassurance of the Warranty of Warranty as referred to in paragraph (1) the letter a up to the letter m.
3. Between Section 3 and Section 4 is inserted 1 (one) section, that is Section 3A which reads as follows:
Section 3A
(1) In carrying out its efforts activities, the Guarantee can use the services of the Guaranteed Agent.
(2) The warranty agent as referred to in paragraph (1) is a person or legal entity that performs the marketing of the Warranty business activities for and on behalf of the Guarantee.
(3) In terms of the Guarantee using the services of the Warranted Agency, the Guarantee is obliged to use the Guaranteed Agent who is recorded as a member of the Guarantee association.
(4) The mandatory Guarantee has an agent agreement with the Guaranteed Agent doing marketing for and on behalf of the Guarantee.
(5) All the actions of the Warranty Agent relating to the Warranty transaction are the responsibility of the diagrams that are diagrams.
(6) In an agent agreement as referred to in paragraph (4), the Pentee shall specify the clause of the awarding of the commission to the most highly guaranteed agent of 15% (fifteen per hundred) of IJP.
(7) If the Guarantee violates the provisions as referred to in paragraph (3), paragraph (4), and paragraph (6) is:
a. use the services of an unrecorded agent of Guarantee as a member of the Guarantee Association;
B. does not have an agent agreement with the Guaranteed Agent doing the marketing for and on behalf of the Guarantee; and/or
c. does not list the clause of the awarding of the commission to the Agent of Guarantee or listing the clause of the awarding of the commission to the Agent Guarantee exceeding 15% (fifteen per hundred) of the IJP in an agency agreement, the Guarantee Meant of sanctions administrative pursuant to Tata Cara Introduction of Sanctions as set in Regulation of Finance Minister Number 222 /PMK.010/ 2008 about the Credit Assurance Company and the Reassurance Company of Credit.
4. The provisions of Section 4 paragraph (1) are changed, paragraph (2) is removed and plus 3 (three) verses, i.e., paragraph (3), paragraph (4), and paragraph (5) so that the entirety of Section 4 reads as follows:
Section 4
(1) Guarantee or Reassurance is required to maintain its liquidation.
(2) Remoted.
(3) The Guarantee Ratio of Guarantee or Reassurance is set at least 150% (one hundred and fifty per hundred).
(4) The liquidity ratio as referred to in paragraph (3) is calculated by using current ratio i.e. the comparison between the seamless assets with the debt is fluent.
(5) If Guarantee or Reassurance breaches the provisions as referred to in paragraph (1) and paragraph (3), i.e. not keeping the liquidity or having a liquidity ratio of less than 150% (one hundred and fifty per hundred), Guarantee or Reassurance It is subject to administrative sanction in accordance with Tata Cara Introduction of the Sanctions as set in Regulation of Finance Minister Number 222 /PMK.010/ 2008 about the Credit Guarantee Corporation and the Reassurance Company of Credit.
5. In between Section 4 and Section 5 of the section 2 (two) sections, Section 4A and 4B are listed as follows:
Service Recipient receives a Claim payment from the Warranty Service.
23.activity Activities Based On The Sharia Principle are the activities of the Guarantee or Reassurance that is performed on the basis of the Shari'a Principles.
24.Principles of Sharia is a principle based on the teachings or laws of Islam.
25.Pengurus is a member of the board of directors and board of commissioners for Penassurance or Reassurance in the form of a limited liability company and a limited liability company or board of directors and supervisors for a public company-shaped Reassurance or Reassurance. Regional companies or supervisors and supervisors for the cooperative-shaped Reassurance.
The National Syariah Council, which is next abbreviated DSN, is a council formed by the Indonesian Ulama Assembly to deal with matters relating to thletter i are changed so that the entirety of Article 7 reads as follows:
Section 7
The request to obtain an Business License as referred to in Section 6 of the paragraph (1), is submitted to the Minister by the board of directors or administrators in accordance with the format as set forth in this Order of the Financial Minister Regulation and must be enclosed with:
a. the deed of establishment of the legal entity including the base budget that has been authorized by the authorized agency, which at least contains:
1. Name, place of position, and operational region scope;
2. The activities of the business as a Reassurance or Reassurance;
3. The application;
4. Entitlement; and
5. Authorization, responsibility, tenure of the Board.
B. The potential management data includes:
1. pas the latest photo size 4 x 6 cm;
2. Photocopy of the ID of the Population Tag Card (KTP) or a passport still in effect;
3. List of life history; and
4. Statement of statement:
a. is not recorded in the stalled credit list in the banking sector;
B. never been convicted of a felony criminal offence;
c. never declared bankruptcy or found guilty that resulted in a corporation/company declared pailit based on a court decision that has a fixed legal force;
D. not to have a position as a commissioner/supervising board/board of trustees for the board of directors or administrators; and
e. An experienced letter or proof of evidence in the field of Warranty or Banking or other Financial Institutions for 2 (two) years for one of its directors or administrators.
c. Shareholder/member data in terms of:
1. Individual, attached document is a document as referred to in the letter b 1, number 2, and number 3 and the statement letter that the capital is not derived from loans and money laundering activities (money laundering);
2. The legal entity, the document attached is:
a) the legal entity ' s founding deed, including the following base budget changes that have obtained the authorization of the authorized instance;
b) the financial statements that have been audited by the public accountant and/or the last financial report; and
c) the document as referred to in the letter b 1, number 2, and the number 3 for the shareholders and the board of directors or governing body of the law.
D. organization structures that have risk management functions, financial management functions, service functions and information development/Guaranteed databases;
e. the system and the Guaranteed Work Procedure or ReGuarantee;
f. work plan (business
plan) for the first three years to at least load:
1. The feasibility study of market opportunities and economic potential;
2. The plan for the Assurance Activity or Reassurance and the actions of the activities to be performed in the realisation of the intended plan; and
3. balance sheet projection, monthly cash flow report and monthly cash flow report for 12 (twelve) months starting from the Guarantee and ReGuarantee performing operational activities.
G. list of human resources that have experience in the Warranty field;
h. photocopy evidence of the softening of the minimum capital in the form of a futures deposit on behalf of the legal entity Penjamin or Reassurance in one of the public banks in Indonesia and is legalized by the bank of the beneficiary that still applies during the process. attempt to submit a business permit;
i. proof of operational readiness among other things:
1. List of fixed activates and inventory;
2. Proof of entitlement, mastery or lease agreement renting the office building;
3. Form an instance, including a Certificate of Warranty which will be used for the Operational Guarantee or Reassurance Service; and
4. The Subject ' s Subject Number (NPWP).
7. The provisions of Article 11 paragraph (1), paragraph (2), and paragraph (3) are changed and added 2 (two) verses, including paragraph (4) and paragraph (5) so that the entirety of Section 11 reads as follows:
Section 11
(1) The specified Modal or principal savings, mandatory savings and Guarantee grants are set based on the scope of the operation i.e. national or provincial.
(2) The amount of paid capital or principal savings, mandatory savings and Guaranteed grants are set at least:
a. Rp100.000.000.00 (a hundred billion rupiah), for the national sphere; or
B. Rp25.000.000.00 (twenty-five billion rupiah), for provincial scope,
(3) The amount of paid capital or principal savings, compulsory savings and a Reassurance grant is set at least Rp200,000.000.00 (two hundred billion rupiah).
(4) If the Guarantee violates the provisions as referred to in paragraph (2), that is:
a. have a paid capital or principal savings, compulsory savings and grants less than Rp100.000.000.00 (one hundred billion rupiah), for the national sphere; or
B. have a paid capital or principal savings, compulsory savings and grants less than Rp25,000.000.000.00 (twenty-five billion rupiah), for provincial scope, Guarantee referred to administrative sanctions in accordance with the Tata Way of Introduction of Sanctions as set out in the Financial Ministers Regulation Number 222 /PMK.010/ 2008 about the Credit Assurance Company Dan Company Reassurance Credit.
(5) If ReGuarantee violates the provisions as referred to in paragraph (3), it is to have a paid capital or principal stash, compulsory savings and a grant of less than Rp200.000.000.00 (two hundred billion rupiah), then ReGuarantee is referred to Administrative sanction is subject to the Order of the Order of the Sanctions as set out in the Regulation of Finance Minister Number 222 /PMK.010/ 2008 about the Credit Guarantee Corporation and the Credit Reassurance Company.
8. The provisions of Article 22 of the paragraph (2) and paragraph (3) are changed, so that the entirety of Article 22 reads as follows:
Section 22
(1) The takeover may be made Guaranteed Or Re-assured by taking over or most of the Guaranteed Stock or other ReGuarantee shares resulting in the return of control over the company.
(2) The implementation of a takeover of the Warranties Or Warranties as specified in paragraph (1) may be performed by meeting the provisions as follows:
a. the implementation of ss than 25% (twenty-five per hundred) of net profit at each end of the annual report period; and/or
c. use a common backup other than to close the loss which may not be met by the Claim, Guarantee or Reassurance is subject to administrative sanction in accordance with the Order of the Order of the Sanctions as set forth in the Regulation. Finance Minister Number 222 /PMK.010/ 2008 About The Loan Assurance Company And The Company's Reassurance Company.
6. The provisions of Article 7 of the The 16.Conditions of Article 62 is amended so that it reads as follows:
Section 62
(1) Examination of any Guarantee or Reassurance is regularly performed at least one time in 2 (two) years or any time when required.
(2) Periodical Examination as referred to in paragraph (1) is complete covering the substance aspect of the periodic report, compliance with laws in the field of the institution of the copying.
(3) Periodical checks as referred to in paragraph (1) are contained in the annual examination plan and adjusted to the priority scale of the type of Guarantee or Reassurance are specified by the Head of the Bureau of Financing and Warranty, the Agency Capital of Capital Markets and Financial Instituts.
(4) The examination of any time as referred to in paragraph (1) is a special and performed Examination if:
a. Based on the results of the analysis of the periodic report, it is alleged that the company's activities are meant to deviate from the laws of the institution of the law, so that it may lead to a certain degree of activity. risk of the interests of the parties in the Warranty or Reassurance activity;
B. Based on the research on information obtained or a complaint letter received by the Bureau of Financing and Assurance, Modal Market Supervising Board and Financial Institutions are expected that the company's activities are perverted. of the laws in the field of the institution of the institution so that it may pose a risk to the interests of the Warranties Recipients; or
c. There are special reasons underlying the need to be conducted Examination, among other things:
1. verify the operational activities of the company;
2. merge;
3. smelter;
4. takeover; and/or
5. Warranty and Reassurance of the Warranty Portfolio.
17.Changing Annex I Regulation of Finance Minister Number 222 /PMK.010/ 2008 about the Loan Assurance Company and the Company Reassurance Company so as to be as set forth in this Financial Minister Regulation Attachment as part of which inseparable from this Regulation of the Minister of Finance.
Section II
1. The provisions of Article 80 are deleted.
2. In between Section 80 and Section 81 of inserted 2 (two) sections, Section 80A is placed in the BAB XXII and Section 80B is placed in BAB XXIII, which reads as follows:
Section 80A
(1) The Applicable Guarantee or Reassurance Act still in effect at the time of this Financial Minister Regulation, is stated to remain in effect.
(2) Guarantee or Reassurance whose efforts are still in effect as referred to in paragraph (1) is required to adjust the liquidity and liquidity ratios, investment forms and investment limits, general reserves and reserve claims, Gearing Ratio Productive and Total Gearing Ratio, as well as the Warranty for Productive Effort with the provisions referred to in Section 4 paragraph (1) and paragraph (3), Section 4A paragraph (1) up to paragraph (3), Section 4B paragraph (1) to with paragraph (3), Article 42A paragraph (4) and paragraph (5), and Section 44A paragraph (1) of the Regulation of the Minister of Finance the longest 2 (two) years of the year since the promultable of this Financial Minister Regulation.
Section 80B
(1) The terms of the use of the services of the Warranted Agent by Guarantee and Reassurance in section 3A paragraph (3) begin in effect 1 (one) year after the promulgations of this Financial Minister Regulation.
(2) The terms of the amount of paid capital or principal savings, compulsory savings, and grants referred to in Section 11 of the paragraph (2) and paragraph (3) are excluded for the Warranted Guarantee or Reassurance whose efforts are still in effect at the time This is the Ordinance of the Minister of Finance.
3. This Finance Minister Regulation shall begin to apply to the date of promulgance.
In order for everyone to know it, order the authoring of this Finance Minister Regulation with its placement in the News of the Republic of Indonesia.
Set in Jakarta
on July 8, 2011
FINANCE MINISTER
REPUBLIC OF INDONESIA,
AGUS D.W. MARTOWARDOJO
Promulgated in Jakarta
on July 8, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
PATRIALIST AKBAR
