Key Benefits:
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PROVINCE OF BANTEN REGION
NUMBER SEVEN OF 2009
ABOUT
CHANGES IN THE FORM OF THE LEGAL ENTITY OF THE BANTEN REGION GLOBAL DEVELOPMENT INTO A LIMITED LIABILITY
GLOBAL DEVELOPMENT
BY THE GRACE OF ALMIGHTY GOD
GOVERNOR BANTEN,
Weigh: a. that Perda Number 54 Year 2002 about the Establishment of a Regional Company as amended by Perda Number 3 Year 2009 mandates the change in the form of the legal body of the Banten region Global Development to become a Limited Perseroan Banten Global Development at the slowest end of December 2009;
b. that the change in the form of the legal entity of the Banten region Global Development is becoming a Limited Perseroan Banten Global Development as an attempt to improve the role and function of the area's enterprise entity in order to host the effort to The provision of general expediency, driving the growth rate of the region's economy, and the increase in native income in order to improve the welfare of the
c. that under consideration as referred to in the letter a and b, need to form the Regional Regulation on the Change Form of the Corporate Legal Body of Banten Global Development into the Limited Perseroan Banten Global Development;
Remembering: 1. Act No. 5 Year 1962 on Regional Companies (Republic of Indonesia States of 1962 Number 10, Additional Gazette of the Republic of Indonesia Number 2387);
2. Law No. 23 Year 2000 on the Establishment of Banten Province (State Sheet of the Republic of Indonesia Year 2000 Number 182, Additional leaf of the Republic of Indonesia Number 4010);
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3. Invite Invite Number 17 Year 2003 On State Finance (sheet Of State Of The Republic Of Indonesia In 2003 Number 47, Additional Sheet Of The Republic Of Indonesia Number 4286);
4. Invite Number 1 Year 2004 On The State Treasury (sheet Of State Of The Republic Of Indonesia Year 2004 Number 5, Additional Gazette Republic Of Indonesia Number 4355);
5. Law No. 10 Year 2004 on the Establishment of the Laws of the Law (sheet of State of the Republic of Indonesia 2004 No. 53, Additional Gazette of the Republic of Indonesia Number 4389);
6. Invite Invite Number 15 Year 2004 on Governing And Financial Responsibilities Of The Country (sheet Of State Of The Republic Of Indonesia In 2004 Number 66, Additional Gazette Of The Republic Of Indonesia Number 4400);
7. Law No. 32 Year 2004 on Local Government (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) as amended several times, last by Act No. 12 2008 About The Second Change Of The Law Number 32 Of 2004 On Local Government (sheet Of State Of The Republic Of Indonesia 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);
8. Invite Invite Number 40 Year 2007 On Limited Perseroan (sheet Of State Of The Republic Of Indonesia Year 2007 Number 106, Additional Sheet Of State Republic Indonesia Number 4756);
9. Government Regulation Number 12 of 1998 On the Company Perseroan (PERSERO) as amended by Government Regulation Number 45 of 2001 on Changes to Government Regulation No. 12 of 1998 about the Company Perseroan (SERBOING);
10. Government Regulation Number 58 Of 2005 On The Management Of The Area ' s Financial Administration (Sheet State Of The Republic Of Indonesia In 2005 Number 140, Additional Sheet Of State Republic Of Indonesia Number 4578);
11. Ordinance of the Home Minister Number 3 of 1998 on the Law Forms of Regional Owned Enterprises
12. State Minister Regulation Number 13 of 2006 on the Regional Financial Management Guidelines as amended with the Regulation of the Home Minister Number 59 of 2007 on the Regional Financial Management Guidelines;
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13. Regional Regulation Banten Province Number 5 Year 2005 on the Inclusion of Regional Capital and Deposits Banten Province (Section Section Number 40, Series E);
14. Regional Regulation Banten Province Number 7 Year 2006 concerning the Poes Financial Management Area Of Banten Province (Section Section Number 48, Additional Leaf Area Number 2 Series E);
15. Regional Regulation Number 3 Year 2007 on the Inclusion Of Regional Capital Into The Stock Capital Of The Banten Region Global Development, PT. Bank Algebra, People's crediting Bank and the Subdistrict of Banten in Banten province (leaf Region of Banten Province Year 2007 Number 3, Extra Sheet of Banten province Number 6);
16. Regional Regulation Number 16 Year 2008 on Adding Capital Inclusion Into The Company Banten Region Global Development (Sheet Area Of Banten Province 2008 Number 16, Additional Sheet Area Of Banten Province Number 20);
17. Regional Regulation Number 3 Year 2009 on Changes to Regional Regulation No. 54 Year 2002 on Establishment of Regional Companies (Sheet Area Banten Province Of 2009 Number 3, Additional Sheet Area Of Banten Province Number 23);
M-E-M-U-T-U-A-N -I
Establish: REGULATIONS OF THE BANTEN PROVINCE AREA ON THE CHANGE OF FORM OF THE LEGAL BODY OF THE BANTEN REGION GLOBAL DEVELOPMENT TO BE A LIMITED LIABILITY OF BANTEN GLOBAL DEVELOPMENT
SAB I
UMUM PROVISIONS
Section 1
In the Regulation of this Section of the Act,
1. The area is Banten province.
2. Local Government is the holding of government affairs by the Regional Government and the DPRD according to the principle of autonomy and the duties of the enlarging of the autonomy within the System and the Principles of the State Kasatuan Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia Year of 1945.
3. The Local Government is the Governor and the Regional Devices as the Organizing element of the Local Government.
4. The governor is the Governor of Banten.
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5. The Regional People's Representative Council (DPRD) is the Regional People's Representative Council of the Banten Province.
6. The Regional Company is the subsequent Banten Global Development Corporation Corporation (PD). BGD.
7. The separated property of the Regions is a part of the property of Regions that can be money-shaped, goods moving or unmoving including other rights, whose management is separate from the Regional Revenue and Shopping Budget (APBD).
8. Limited Perseroan is the Limited Perseroan Banten Global Development which is next abbreviated to PT. BGD.
9. Council of Commissioners is the Council of Commissioners BGD.
10. The directors are the PT Directors. BGD.
11. Employees are PT employees. BGD.
12. Basic Budget is the Basic Budget of PT. The BGD follows the changes.
13. The stock is evidence of the ownership of the capital PT. BGD gives rights to deviders and others.
14. The next General Meeting of Shareholders (RUPS) is the General Shareholders 'Meeting and the General Shareholders' General Meeting of PT. BGD.
15. Acta Establishment is the Establishment Act of PT. BGD.
AB II
CHANGE OF LEGAL ENTITY AND NAME
Section 2
(1) With the Regulation of this Area PD. BGD which was established with the Regulation of the Regions of Banten Province No. 54 Year 2002 on the Establishment of a Regional Company as amended with the Regional Regulation Number 3 of the Year 2009 on the Changes to the Regional Regulation No. 54 Year 2002 concerning The establishment of the Banten Provincial Regional Corporation, changed its legal form to a Limited Perseroan under the name of PT. BGD.
(2) If the name of the PT. BGD has already been used by other legal entities, the Governor can use the other name of PT. Construction of Banten Mandiri or PT. Banten Forward Builds or PT. Banten Wakes Prosperous by listing in the base budget.
(3) The governor processes the deed of founding of PT. BGD to the authorized officials.
Section 3
(1) With the change of the form of the legal entity as referred to in Article 2 of the paragraph (1) then the entire wealth of business activities, rights and obligations as well as the PD employees. BGD switched to PT. BGD.
(2) The entire wealth of PT. BGD as referred to in verse (1), is the richness of the Separate Regions.
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SAB III
INTENT AND PURPOSE
Part One.
I mean
Section 4
I mean the change in the shape of the PD. BGD became PT. Banten Global Development to improve the role and function of the Regional-owned Enterprises Agency in encouraging the growth of the economy and the structuring of Regional Development in order to realize the improvement of the welfare of the community.
Second Part
Destination:
Section 5
The purpose of the change in the form of the PD BGD became PT. BGD is:
(A) A person who is a member of the Cloud Service, is a service that is used by the Cloud Service, and is not a single person or entity that is a
(CELL PHONE NUMBER) B, push the economy to the ground.
(c) IBM may not use the IBM Cloud Service for any other purpose.
d. Improving the application by providing the opportunity to the Third Party to participate in the capital.
e. Improving the competuability to anticipate the development of national and global economic.
BAB IV
BUSINESS ACTIVITIES
Section 6
(1) To achieve the objectives as referred to in Article 5, PT. BGD conducts trade in goods and services as well as other activities in accordance with the laws.
(2) The details of the effort as referred to in paragraph (1) are governed in the founding deed.
BAB V
PLACE OF POSITION
Section 7
(1) The PT. BGD is located and is headquartered in Serang.
(2) The subsidiaries set up can be located in other areas as needed and are listed in the base budget.
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BAB VI
CAPITAL AND SHARES
Section 8
(1) Basic Modal PT. BGD is designated Rp.40.000,000,000 (forty billion rupiah).
(2) Of the base capital as referred to in paragraph (1) the placed capital and full amount of Rp.10,000,000,000,-(ten billion rupiah).
(3) The change of capital as referred to in paragraph (1) and (2), set through RUPS.
(4) Basic capital penetration, dictor capital and the change of capital PT. BGD as referred to in paragraph (1), (2) and (3), is set further in the Basic Budget.
Section 9 The Government of the Local Government on PT. BGD is:
a. All rights and wealth property as referred to in Section 3 of the paragraph (1), recorded in the financial balance of the Audit of Public Accountants at the time of the change in the form of the PD's legal entity. BGD became PT. BGD;
b. in the form of stock -stock.
Section 10 (1) All shares published PT. BGD is a stock in the name.
(2) The capital attack on PT. BGD is possible from Third Parties to the provision of 50% (fifty procents) of stock ownership more by the Regional Government.
(3) The type and nominal value of shares are set by RUPS.
(4) Any shareholder, according to the law must be subject to all decisions taken with valid in RUPS.
(5) The participation in the possession and use of the rights of the shares is an individual person or the Indonesian Legal Body or the Subject of Foreign Law as long as it is not in conflict with the laws.
Section 11
The stock transfer method is set in the base budget with regard to the laws.
BAB VII
RUPS
Section 12
(1) RUPS is the highest power in the PT. BGD.
(2) The RUPS is made up of the Annual RUPS and other RUPS.
(3) RUPS is held at least once a year.
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(4) The Annual RUPS is held in the slowest of 6 (six) months after the year of the book.
(5) Other RUPS may be held at times according to the need.
(6) RUPS is led by the Main Commissioner.
(7) The decision of the RUPS is taken based on the deliberations for the people with regard to the applicable laws.
(8) The layout of the RUPS is set by the first RUPS, with the guideline on the Basic Budget of PT. BGD.
FAR VIII.
DIRECTORS
Section 13
(1) The PT. BGD is led by a Board of Directors consisting of a Principal Director and at least 2 (two) members of the Director.
(2) The requirement to be appointed to the Board of Directors, at the minimum must be eligible:
" And put thy trust in the Lord, the One, the All-Knowing.
b. berakhlaq and good morals;
c. have the expertise and experience in accordance with the field;
d. never been sentenced to have a fixed legal force;
e. Other terms defined in the laws of Limited Warranty.
(3) The order of appointment and dismissal, as well as the tenure, duties and authority of the Directors, is set in the Basic Budget.
BAB IX
BOARD OF COMMISSIONERS
Section 14
(1) The Board of Commissioners consists of a Principal Commissioner and at least 2 (two) members of the Commissioners.
(2) The requirement to be appointed to the Commissioner, minimum must be rnemenuhi:
" And put thy trust in the Lord, the One, the All-Knowing.
b. berakhlaq and good morals;
c. have expertise in accordance with their field;
d. never been sentenced to a fixed legal force.
e. Other terms defined in the laws of Limited Warranty.
(3) The order of appointment and dismissal, as well as the tenure, duties and authority of the Board of Commissioners is set in the Basic Budget.
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BAB X
EMPLOYEE
Section 15
(1) The PD. BGD as it is referred to in Article 3 of the paragraph (1), has the same position as an employee until the first RUPS of the PT. BGD.
(2) The further arrangements of the RUPS results as referred to in paragraph (1), as well as other staffing provisions set forth by the Directors with guidelines on the laws.
BAB XI
YEAR OF BOOKS, WORK PLANS AND BUDGETS
Section 16
(1) The Year of the Company ' s book is Takwim year.
(2) The work and budget plan is submitted by Directors to the Board of Commissioners to obtain assent.
(3) The concern of the work plan and the budget as referred to in paragraph (2) shall be carried out at least 6 (six) months before the book year ends.
Section 17 (1) At any end of the book year, created the Company ' s financial statements that
It's made up of Neraca, and it's a reckoning.
(2) In the slowest of 6 (six) months after the Company ' s book year is closed, the Directors compiled its Annual Report to be submitted in RUPS.
BAB XII
LABA USE
Section 18
(1) Clean Laba according to the results of RUPS decisions will be shared for shareholders (dividends), general reserves, purpose reserves, and production services as well as welfare funds.
(2) The net Laba being part of the Local Government is entirely disseminated to the Regional General Kas account.
BAB XIII
DISSOLUTION AND LIQUIDATION
Section 19
(1) Dissolution and Liquidation of PT. BGD is set by:
a. RUPS Decision;
b. Appointments of the Courts;
(2) Order of the dissolution and liquidation of PT. BGD as referred to in paragraph (1) is poured in the base budget.
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BAB XIV
MERGERS, SMELTERS AND
TAKEDOWN
Section 20
(1) The merged, smelting and takeover of PT. BGD is specified in RUPS with regard to: a. the interests of the company and the shareholders both majority and
a minority; b. Public interest.
(2) Tata method of merging, smelting and takeover of PT. BGD as referred to in paragraph (1), is poured in the base budget.
BAB XV
SURVEILLANCE
Section 21 Oversight of the Wisdom of Directors in the running and managing of PT. BGD is conducted by the Board of Commissioners under the laws.
BAB XVI
TRANSITION PROVISIONS
Section 22
With a change in the form of PD. BGD became PT. BGD as referred to in Article 2 of the paragraph (1), then the Supervising Board and the Board of Directors. BGD continued to carry out the duties and authority until the establishment of the Establishment of PT. BGD by authorized officials.
Section 23 At the time of this Regional Rule, the provisions as referred to in Article 2 of the new paragraph (3) can be implemented after obtaining the principle permission of the Minister of the Interior.
BAB XVII
CLOSING CONDITIONS
Section 24
(1) At the time the Regional Regulation is in effect then the Regional Regulation of Banten Province Number 54 Year 2002 on the Establishment of the Regional Company as amended with the Regional Regulation Number 3 of the Year 2009 on the Changes to the Regional Regulations No. 54 Year 2002 on the Establishment of the Regional Company of Banten Province (Banten Province's 2002 Region Number 82 Series D), revoked and declared to be unapplicable.
(2) The thing about the Further Settings of PT. BGD is set in the base budget.
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Section 25
The rules of this area begin to apply to the date of promulgations.
In order for everyone to know it, order the invitational of this Area's Regulation with its placement in the Gazette of the province of Banten.
Authorized in Serang On 9 September 2009
GOVERNOR BANTEN,
T. T. D
QUEEN OF ATUT CHOSIYAH
It was promulred in Serang On 10 September 2009
SECRETARY OF THE PROVINCE OF BANTEN PROVINCE,
T. T. D
M U H A D I
LEAF REGION OF BANTEN PROVINCE IN 2009 NUMBER 6
Copy according to the original
HEAD OF THE LAW BUREAU,
T.T.D.
H. ANWAR MAS 'UD, SH, M. The Young Master' s Whisperer
NIP. 19590821 198503 1 008
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EXPLANATION
Above
PROVINCE OF BANTEN REGION
NUMBER SEVEN OF 2009
ABOUT
CHANGE IN SHAPE OF THE LEGAL BODY OF THE BANTEN REGION GLOBAL DEVELOPMENT OF THE AREA COMPANY TO BE
LIMITED COMPANY BANTEN GLOBAL DEVELOPMENT
I. UMUM
The Banten Regional Corporation Global Development was established pursuant to Regional Regulation No. 54 Year 2002 on the Establishment of a Regional Company as amended with the Regional Regulation No. 3 Year 2009 on Change of Regional Regulation No. 54 Years 2002 on the Establishment of a Regional Company (Area Number 3 Of 2009, Additional Gazette Number 23).
In the Peraenterprise Region is referred to the law form Banten Global Development is still in the form of a purely Regional Company, on the other side the performance of the Banten region Global Development Corporation has struck a subsidiary that partners with other companies The legal form of a Limited Company law.
In line with the progress of the PD work plan. BGD that will partner with other companies whose legal entity is Limited-Limited then there needs to be commonality of legal entities so that binding legal cooperation exists on the tarmac and equal position.
Besides these changes in the form of law are intended to help and improve the development and economy of the region by more empowering the people's economy and making the agency independent and professional in its management, so it can contribute optimal contribution to the Government of Banten Province in increasing Regional revenue.
With the change of the legal form of the Banten Region Global Development Development Perseroan Limited is expected:
a. With professional human resource quality support and flexible balance status can be more empowering and able to anticipate competitive effort globuously.
b. has an operational motion of motion in business, the speed of decision making for a healthy, dynamic, and professional company.
c. The majority of the shares of the shares are on the Local Government with special voting rights and or other rights that the ordinary shareholder should have;
d. PT management capabilities. BGD can be held accountable professionally.
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Thus the existence of PT. BGD as a tool for Regional autonomy needs to continue to be developed in accordance with the demands of the Regional Development and the rest of PT. BGD serves as one of the legal entities that can foster the growth and empowerment of the kerayatan economy.
II. ARTICLE BY PARAGRAPH
Section 1
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Section 7
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The son of a company in the form of PT. BGD can be located outside the City/Kab Attack
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Section 9
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Section 10
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Section 19
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Section 25
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ADDITIONAL SHEET AREA OF BANTEN PROVINCE NUMBER 25
