Regulation Of The Minister Of Forestry Number P.4/menhut-Ii/2013 2013

Original Language Title: Peraturan Menteri Kehutanan Nomor P.4/MENHUT-II/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51cfc66000a917313233383138.html

BN 120-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 119, 2013 the MINISTRY of FORESTRY. Release/Share Sale. STATE-OWNED ENTERPRISES. Forest Plants Of Industrial Ventures. The Ordinance. Changes.
REGULATION of the INDONESIAN MINISTRY of FORESTRY NUMBER p.4/Menhut-II/2013 ABOUT SECOND AMENDMENT DECISION of the MINISTER of FORESTRY NUMBER SK 256/MENHUT-II/2004 ABOUT the ORDINANCE and the TERMS of the RELEASE/SHARE SALE STATE-OWNED ENTERPRISES on the COMPANY INDUSTRIAL PLANT FOREST VENTURES with the GRACE of GOD ALMIGHTY the MINISTER of FORESTRY of the REPUBLIC of INDONESIA, Considering: a. that based on the decision of the Minister of forestry Number SK 256/Menhut-II/2004 as amended by regulation of the Minister of forestry Number p. 20/Menhut-II/2006 , has established procedures and requirements the release/share sale State-owned enterprises in the industrial plant forest company joint venture;
b. that the accelerating transition mechanism for more stock, then Minister of forestry Regulation need to set about the second amendment Over the decision of the Minister of forestry Number SK 256/Menhut-II/2004 about the Ordinance and the terms of the release/share sale State-owned enterprises in the Industrial Plant Forest Company joint venture;
Remember: 1. Act No. 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 167 in 1999, an additional Sheet of the Republic of Indonesia Number 3888), as amended by Act No. 19 of 2004 concerning the determination of the Replacement Government Regulations Act No. 1 of 2004 on changes to the Act No. 41 of 1999 on Forestry into law (Gazette of the Republic of Indonesia Number 86 in 2004 Additional Sheets, the Republic of Indonesia Number 4412);
2. Government Regulation number 6 in 2007 about the grammar of the forest and the preparation of forest management Plans, as well as the utilization of the forest (State Gazette of the Republic of Indonesia number 22 in 2007, an additional Sheet of the Republic of Indonesia Number 4696), as amended by regulation of the Government No. 3 of 2008 (State Gazette of the Republic of Indonesia number 16 in 2008, an additional Sheet of the Republic of Indonesia Number 4815);
3. Presidential regulation Number 47 in 2009 about the formation and Organization of the Ministry of the Republic of Indonesia as amended last presidential regulation Number 91 in 2011;
4. Presidential regulation Number 24 of 2010 about the position, duties, functions and Ministries Organization, duties and functions of the Echelon I Ministries of the Republic of Indonesia as amended last presidential regulation Number 92 in 2011;
5. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II as amended by presidential decree number 59/P in 2011;
6. Regulation of the Minister of forestry Number p. 40/Menhut-II/2010 about the Organization and the work of the Ministry of forestry (Republic Indonesia in 2010 Number 405) as amended by regulation of the Minister of forestry Number P. 33/Menhut-II/2012 (news of the Republic of Indonesia year 2012 Number 779);
Decide: define: FORESTRY MINISTERIAL REGULATION ABOUT the SECOND AMENDMENT OVER the DECISION of the MINISTER of FORESTRY NUMBER SK 256/MENHUT-II/2004 ABOUT the ORDINANCE and the TERMS of the RELEASE/SHARE SALE STATE-OWNED ENTERPRISES in the INDUSTRIAL PLANT FOREST COMPANY ventures.
Article I a few provisions in the decision of the Minister of forestry Number SK 256/Menhut-II/2004 about the Ordinance and the terms of the release/share sale State-owned enterprises in the Industrial Plant Forest Company ventures, amended as follows: 1. The provisions of article 4 paragraph (2), and plus one (1) new paragraph, namely, subsection (3), to read as follows: article 4 (2) the Application referred to in subsection (1) , complete the following requirements: a. a decision of the general meeting of shareholders (GMS) STATE-OWNED ENTERPRISES that have gotten approval from officials delegated by the Minister of finance;
b. the decision of the GENERAL MEETING OF SHAREHOLDERS of the company joint venture HTI;
c. the selling value of the Stock Deal between STATE-OWNED ENTERPRISES with potential buyers of stocks, the airline is appraisal can be performed by the public Accountant or an independent consultant appointed by the competent authority;
d. in the event of a release/share sale STATE-OWNED ENTERPRISES on a joint venture HTI companies does not become a purely private or resulted in the composition of the stocks do not turn into 100% pure private, furnished an affidavit from a joint venture HTI companies created by notariil which contains a that is able to carry out the obligations have not been fulfilled to the Ministry of forestry and is able to pay the loan repayment obligations Fund Reforestation credit agreement; and e. in the case of the release/sale of shares on the company's STATE-OWNED joint venture HTI resulted into a purely private or joint stock composition changed from being 100% pure private, furnished an affidavit from a joint venture HTI companies generated notariil contains is able to carry out the obligations have not been fulfilled to the Ministry of forestry and is able to pay the full loan repayment obligations DR with attached with a bank guarantee issued by a Bank that the magnitude of the Government in accordance with the amount of loan repayment obligations DR cheques after getting the approval of the Minister Forestry.
(3) storage and monitoring of bank guarantee validity period as referred to in paragraph (2) letter e, made by the Secretary General of the Ministry of forestry in particular the Financial Bureau of the Secretariat-General of the Ministry of forestry.
2. The provisions of article 9 were changed so that the whole of article 9 reads as follows: article 9 (1) disbursement of the bank guarantee referred to in article 4 paragraph (2) letter e, carried out by the Secretary-General in particular the Bureau of finance.
(2) the procedures for the settlement of loan repayment DR. results of divestitures is governed by the regulations further General Secretary.
3. The provisions of article 10 were changed so that the whole article 10 reads as follows: article 10 petition for release/share sale STATE-OWNED ENTERPRISES in a joint venture HTI companies were filed prior to the entry into force of this regulation, are equipped and adapted to the corresponding requirements of this regulation.
Article II Regulations the Minister of forestry began to take effect on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of regulations the Minister of forestry is with its placement in the news of the Republic of Indonesia.

Established in Jakarta on January 17, 2013 INDONESIAN FORESTRY MINISTER ZULKIFLI HASAN, Enacted in Jakarta on January 21, 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();