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Government Regulation Number 44 Of 2007

Original Language Title: Peraturan Pemerintah Nomor 44 Tahun 2007

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nt Regulation with its placement in the State Sheet of the Republic of Indonesia.

.,, Set in Jakarta
on July 27, 2007
PRESIDENT OF THE REPUBLIC OF INDONESIA,

SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on July 27, 2007
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

ANDI MATTALATTA
%;">No. 92, 2007
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 44 YEAR 2007
ABOUT
STOCK SALES IN PERSEROAN COMPANY (PERSERO)
PT BANK OF THE INDONESIAN STATE TBK

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that in order to increase the acceptance of the country, the performance, the added value of the Company Perseroan (Persero) PT Bank Negara Indonesia Tbk, and the role as well as the public in the ownership of the shares of the Company Perseroan (Persero) PT Bank Negara Indonesia Tbk, need conduct the sale of state-owned shares of the Republic of Indonesia and the issuer of new shares on the Perseroan Company (Persero) PT Bank Negara Indonesia Tbk;
., b. that the country's share sale and the issuer of the new shares have received the approval of the People's Representative Council of the Republic of Indonesia as outlined in the letter of Vice Chairman of the People's Representative Council of the Republic of Indonesia Number: PW.00/2997/DPR RI/2007 on March 29, 2007;
., c. that under consideration as referred to in the letter a and the letter b as well as to carry out Article 4 of the paragraph (4) of the Law No. 19 Year 2003 on the State-owned Business Agency, need to establish the Government Regulation on Sales Stock in the Company of Perseroan (Persero) PT Bank Negara Indonesia Tbk;

.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia Year of 1945;
., 2. Act Number 8 Year 1995 on Capital Market (State Gazette Indonesia Republic of 1995 Number 64, Additional Gazette Republic of Indonesia Indonesia Number 3608) 3. Law Number 17 Year 2003 on State Finance (Indonesian Republic of Indonesia Year 2003 Number 47, Additional Gazette Republic of Indonesia Number 4286);
., 4. Law No. 19 of 2003 on the State-owned Enterprises (State of the Republic of Indonesia Year 2003 Number 70, Additional Gazette of the Republic of Indonesia No. 4297);
. .5. Law No. 18 of 2006 on the State Budget and Shopping of the State of 2007 (State Gazette Indonesia Year 2006 Number 94, Additional Gazette of the Republic of Indonesia Number 4662);
., 6. Government Regulation No. 33 of 2005 on the Privatization System of Perseroan Companies (persero) (sheet Of State Of The Republic Of Indonesia In 2005 Number 115, Additional Gazette Of The Republic Of Indonesia Number 4528);
., 7. Government Regulation No. 44 of 2005 on the Way of the Inclusion And Entrepreneurship of the State on the State-owned Enterprises and Limited Perseroan (State Sheet of the Republic of Indonesia 2005 No. 116, Additional Gazette of the Republic of Indonesia) Indonesia Number 4555);

DECIDED:

.,, Setting: A GOVERNMENT REGULATION ON THE SALE OF SHARES IN THE PERSEROAN COMPANY (PERSERO) PT OF THE INDONESIAN STATE BANK TBK.

Section 1
.,, (1) In order to increase the acceptance of the country, performance, and added value of the Perseroan Company (Persero) PT Bank Negara Indonesia Tbk, and the role as well as the public in the ownership of the shares of the Company Perseroan (Persero) PT Bank Negara Indonesia Tbk, carried out the sale of shares on the Perseroan Company (Persero) PT Bank Negara Indonesia Tbk by means of:
.,
., a., a. The State of the Republic of Indonesia conducts a partial sale of its shares in the Perseroan Company (Persero) PT Bank Negara Indonesia Tbk under the terms of the capital market; and
., b. The company Perseroan (Persero) PT Bank Negara Indonesia Tbk published a new stake for sale based on the capital market provisions.
., (2) The sale of the shares as referred to in paragraph (1) is conducted based on the principles of transparency, independence, accountability, accountability, and the best price principles with regard to market conditions.

Section 2
., (1) The sale of the shares as referred to in Article 1 of paragraph (1) letter a, at most 15% (fifteen percent) of all shares belonging to the state-owned Republic of Indonesia on the Perseroan Company (Persero) PT Bank Negara Indonesia Tbk.
.,, (2) Stock Sales as referred to in Section 1 paragraph (1) letter b, at most 15% (fifteen percent) of all shares of Perseroan Company (Persero) PT Bank Negara Indonesia Tbk which has been issued and full-in-issued.
., (3) The amount of stock and share price to be sold as referred to in Article 1 of the letter a specified by the State Minister of the State-owned Enterprises, and the number of shares as well as the share price to be published as contemplated in the Article 1 paragraph (1) of the letter b is specified by the General Meeting of the Shareholders in accordance with the provisions of the capital market.
.,, (4) Following the implementation of the sale of the shares, the State Minister of State owned Enterprises notified in writing the amount of shares and the magnitude of the value of the shares published and sold it to the Minister of Finance.

Section 3
.,, (1) the proceeds of the sale of the shares as referred to in Section 1 paragraph (1) of the letter a, are provided directly to the State Public Cash Account.
.,, (2) The proceeds of the sale of the shares of the new stock issuer as referred to in Article 1 of the paragraph (1) letter b, are referred directly to the treasury of the Perseroan Company (Persero) PT Bank Negara Indonesia Tbk.
.,, (3) the proceeds of the stock sales as referred to in paragraph (1) and paragraph (2) are net proceeds after being reduced at the cost of implementation of such sales.
.,, (4) The charges as referred to in paragraph (3) are specified with regard to principles of transparency, accountability and fairness in accordance with the provisions of the Laws of the Law.

Section 4
The implementation of the new stock sales as referred to in Article 1 is done under the terms of Act No. 8 of 1995 on the Capital Market, with regard to the provisions set forth in the Law No. 1 of the Year 1995 about the Perseroan Limited, Act No. 17 of 2003 on State Finance, Law No. 19 of 2003 on the State-owned Enterprises, Government Regulation No. 41 of 2003 on Devolution, Duty and Authority of Finance Minister on Company Perseroan (Persero), Public Company (Perum), and Office of the Office (Perjan) to the State Minister of State-owned Enterprises, Government Regulation No. 33 of 2005 on the Tata Cara Privatisation of the Company Perseroan (Persero), Government Regulation No. 44 Year 2005 on the Tata Way of the Inclusion and Modal Entrepreneurship The State on the State-owned Enterprises and Limited Companies, and the Government Regulation No. 45 of 2005 on the Establishment, Governing, Supervision, And Dissolution Of The State-owned Business Agency, as well as other laws.

Section 5
This Government Regulation shall come into effect on the date of the promulctest.

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