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SHEET COUNTRY OF THE REPUBLIC OF INDONESIA
No. 294, 2015 FINANCIAL. OJK. The company. Insurance. Sharia. Reinsurance. Sharia Reinsurance. Kepailitan. Liquidation. Dissolution. (EXPLANATION IN ADDITION OF STATE SHEET INDONESIA NUMBER 5776)
FINANCIAL SERVICES AUTHORITY
NUMBER 28 /POJK.05/ 2015
ABOUT
DISSOLUTION, LIQUIDATION, AND PAILITAN INSURANCE COMPANY,
THE COMPANY SHARIA INSURANCE, REINSURANCE COMPANY,
AND REINSURANCE COMPANY SHARIA
WITH THE GRACE OF GOD ALMIGHTY
THE BOARD OF THE FINANCIAL SERVICES AUTHORITY COMMISSIONER,
DRAW: that to implement the provisions of Article 42 paragraph (4),
Section 44 of the paragraph (3), Section 45 of the paragraph (3), and Article 51 of the paragraph (4)
Act No. 40 of 2014 on
Perinsurance, need to establish the Regulation Authority Regulation
Finance on Dissolving, Liquidation, and Kepailitan
Insurance Company, Sharia Insurance Company,
Reinsurance Company, and Sharia Reinsurance Company;
Given: 1. Law No. 21 Year 2011 on Authority
Financial Services (Indonesian Republic Gazette
2011 Number 111, Additional Sheet Country
Republic of Indonesia No. 5253);
2. Law Number 40 Year 2014 on
Perinsurance (State Sheet of the Republic of Indonesia
in 2014 Number 337, Additional Sheet Country
Republic of Indonesia No. 5618);
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DECIDED:
Establishing: REGULATORY FINANCIAL SERVICES AUTHORITY ON
DISSOLUTION, LIQUIDATION, AND CORPORATE PAILITAN
INSURANCE, SHARIA INSURANCE COMPANY,
THE REINSURANCE COMPANY, AND CORPORATION
REINSURANCE SHARIA.
BAB I
provisions of UMUM
Article 1
In this Financial Services Authority Regulation, in question
with:
1. Companies are insurance companies, companies
sharia insurance, reinsurance companies, and
reinsurance companies sharia.
2. Insurance companies are the general insurance company
and the life insurance company as referred to
in Act Number 40 of the Year of 2014 about
Perinsurance.
3. Sharia Insurance Company is the company
sharia general insurance and life insurance company
sharia as referred to in the Act
Number 40 of the Year of 2014 about Perinsurance.
4. A Reinsurance company is a company that
provides services in a recharge to
the risks faced by the Insurance Company,
the retailer company, or the other Reinsurance Company
others.
5. The Syariah Reinsurance company is a company that
conducts risk management based on principles
sharia at the risk faced by the Company
Sharia Insurance, sharia-disposal companies, or
The Company Another Syariah Reinsurance.
6. Next Shareholders ' General Meeting
abbreviated as RUPS is RUPS as intended
in Law Number 40 of the Year of 2007 on
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Limited liability for the Company in the form
limited liability legal entity or equivalent
with RUPS on the cooperative legal entity.
7. Directors are Directors as referred to in
Act Number 40 of the Year of 2007 on
Limited liability for the Company in the form
a limited liability legal entity or equivalent
with the Board of Directors Cooperative law.
8. The Board of Commissioners is the Board of Commissioners as
referred to in Act No. 40 of 2007
about the Limited Perseroan for the Company that
is a limited liability legal entity or that
equivalent to the Council Commissioner on the legal entity
cooperatives.
9. Sharia Supervising Board is a part of the organ
The company that organizes venture activities
based on the principle of sharia, which performs the function
supervision over the hosting of insurance efforts or
reinsurance efforts In order to comply with the principle of sharia.
10. The revocation of the Company's Business Permit is called
Enterprise enterprise permission by the Financial Services Authority
because the Company does not meet the regulations
laws in the field of insurance or
stated pailit by court.
11. The subsequent dissolution of the Company is called
Dissolution is the process of termination of the status of the body
the Company's laws after the Revocation of the Venture permit
Enterprise
12. The Company's next liquidation is called Liliquidation
is the action of completion of all assets and
the Company's obligations as a result of the Revocation Clearance
The Company and the Disbandment Act.
13. The Liquidation Team is the team in charge of
Liliquidation, which is formed by RUPS or the Services Authority
Finance.
14. Policyholders are parties to the following
under the agreement with the Company for
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getting protection or management at risk
for himself, liability, or any other participant as
referred to in Act No. 40 of 2014
about Perinsurance.
15. Liability is a party facing the risk
as set forth in an insurance agreement or
a reinsurance agreement as referred to in
Act Number 40 of the Year of 2014 on
the Perinsurance.
16. Participants are parties to the risk
as set forth in the sharia insurance agreement
or the sharia reinsurance agreement as
referred to in Act No. 40 of 2014
about Perinsurance.
17. A creditor is any party that has a debt or
bill to the Company including the Polis,
Responsible, Participant, or other party entitled to
insurance benefits/sharia insurance and employees
The Company.
18. The Insurance Fund is a collection of funds that are derived from
premiums set up to meet the obligations that
arising from the policy published or from the claim
the insurance as referred to in the Act
Number 40 Year 2014 about Perinsurance.
19. Tabarru's funds are a collection of funds that are derived from the
contributions of the Participants, whose mechanisms are used
in accordance with the sharia insurance agreement or
the sharia reinsurance agreement as referred to
in Law No. 40 of 2014 on
Perinsurance.
20. A Closure Balance is a Company's balance per date
A revocation of the Company's enterprise license to be drafted in
with the applicable financial accuperation standard.
21. Balance Sheets while liquidation is the Company 's balance
per the Company' s Attempted Revocation date
compiled by Tim Likuitie based on Neraca
The closure that has been audited by taking into account:
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a. asset position based on expected value
can be realized; and
b. a position of liability after the end of the term
submission of invoices or debt by Kreditor.
22. The Liquidation End balance is the balance sheet delivered
by Tim Likuitie after the Liliquidation process is completed or
the end of the term of the implementation of Liliquidation.
23. Kepailitan is the general sita of all wealth
debitor pailit whose affairs and gifts
performed by the curator under the supervision of the judge
the supervisor as referred to in the Act
Number 37 of 2004 about Kepailitan and Delay
Utang Payment Liability.
24. Insurance Products Associated with an Investment that
subsequently called PAYDI is an insurance product that
at least provides protection against the risk
death and provides the benefit that refers to
results investment from a special collection of funds
formed for the insurance product either stated
in the form of a unit or not a unit.
25. Impact of Interests is the state where there is
a conflict between the economic interests of the Company with
the private economic interest of shareholders or
equivalent to the shareholders in the legal entity
in shape Cooperatives, members of Directors, Board members
Commissioners, and/or members of the Syariah Supervising Board.
26. The newspaper is a nationally published newspaper
Indonesia nationally.
27. Day is a calendar day.
28. The next Financial Services Authority is abbreviated as OJK
is an independent agency, which has
functions, assignments, and authority settings, supervision,
checks, and inquiries as intended
in Act No. 21 of the Year 2011 on
Financial Conduct Authority.
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BAB II
THE DISSOLUTION AND LIQUIDATION OF THE COMPANY
REVOKED
PERMIT HIS EFFORTS FOR NOT MEETING THE REGULATIONS
LEGISLATION IN THE FIELD OF PERINSURANCE
Part ATU
Obligations and Prohibition for the Company
Post Enterprise Venture Permission
Section 2
(1) The company must cease business activities as well as
immediately host RUPS to decide
Disbandment and form the Liquidation Team since
The revocation of the Company ' s Efforts Permit.
(2) Since the revocation of the Company's enterprise permit, holder
shares or equivalent to shareholders in
the cooperative-shaped legal entity, the Board
Commissioners, and the Company employees are prohibited
divert, guarantee, Click, or
use wealth, or do any other actions
that can reduce assets or decrease the asset value
The Company.
Section 3
(1) The Board of Directors shall compile and deliver Neraca
Closing to OJK tops 15 (fifteen) Days
from the date of the Company's Withdrawal Permit date.
(2) If in the timeframe as intended
on the paragraph (1) The Closing Neraca is not delivered
to OJK, OJK appoints the public accountant for
compiling the Closing Neraca.
(3) In case the Closing Neraca is compiled by the accountant
the public as intended on paragraph (2), the liability
answer of the Closing Neraca is intended to remain
on Board.
(4) The closing time limit of the Closing Neraca which
is compiled by the public accountant as intended
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in paragraph (2) must consider the location of the office,
asset condition, and complexity of the problem
The company with the longest provisions of 60 (six
days since the date of appointment of the accountant) public
that is.
(5) The drafting fee of Neraca Closing by the accountant
the public as referred to in paragraph (2) becomes
the load of the Company.
(6) OJK delivered the Closing Neraca to the Team
Liliquidation after receiving the Neraca The closure
is compiled and delivered by the Board of Directors as
referred to in paragraph (1) or composed and
delivered by the public accountant as
referred to in paragraph (2).
Second Part
Disbandment
Section 4
(1) The longest 30 (thirty) days from the date of its release
venture permit, the Company revoked its mandatory business permit
hosted RUPS for decided
Dissolution in question and form the Team
Likuitie.
(2) Members of Team Lilicates as referred to in paragraph
(1) must first obtain OJK approval.
(3) To obtain OJK approval as
referred to in paragraph (2) the Directors must convey
the document as follows:
a. photocopier proof of the identity of the candidate member Team Likuitie;
b. Member of Team Liliquidation team's life history list;
and
c. Statement of the candidate member of Team Liliquidation that
concerned willing to carry out
liquidation in accordance with the provisions of the Act
Number 40 2014 about Perinsurance and
This OJK Regulation.
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(4) Documents as referred to in paragraph (3) are mandatory
delivered to OJK at least 15 (fifteen)
The day prior to the execution date of RUPS.
(5) OJK gives the approval or rejection of
the proposed candidate member of the Liliquidation Team as
is referred to in paragraph (2) the longest of 5 (five) Days after
received the full document.
(6) If it has been skipping over the term as
referred to in paragraph (5) OJK has not provided
approval or rejection of the candidate's proposal
Team Liliquidation, OJK is considered approving the arrangement of the candidates
member of Team Likuities which submitted.
(7) In terms of OJK rejecting the proposal of prospective Team members
Likuities, Directors are mandatory convey the candidate proposal
a new member of the Liliquidation Team and present
the document as referred to in paragraph (3) the most
long 5 (five) Days after receiving the notice
from OJK.
Section 5
(1) In order of Disbandment, liquidation team formed
by RUPS as referred to in Section 4 of the paragraph (1)
register and notify the dissolution to
the authorized instance, as well as the announces it in
The news of the Republic of Indonesia and 2 (two) newspapers
the daily with a wide circulation.
(2) Actions as referred to in paragraph (1) are executed
at most 30 (thirty) days since the decision date
Dissolution by RUPS.
(3) Notice and announcement as referred to
on paragraph (1) contains:
a. Dissolution and its legal basis;
b. name and address of Team Liliquidation;
c. tata ways filing invoices; and
d. Billing term.
(4) The term of invoice submission as intended
in paragraph (3) d for the Company in the form
The longest limited liability legal entity 60 (six
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30) Days from the announcement date
as referred to in paragraph (1).
(5) The term of invoice submission as referred to
in paragraph (3) of the d-shaped letter
the most long-term cooperative legal entity 3 (three) months.
since the date of the announcement as contemplated on
paragraph (1).
Section 6
(1) If in the timeframe as referred to
in Section 4 of the section (l) RUPS cannot be held
or RUPS may be hosted, but it is not successful
decides the dissolution and the unsucceeded
forming Team Likuitie, OJK:
a. decided upon dissolution and forming the Team
Likuitie;
b. register and notify the dissolution
to the authorities, as well as
announce it in the Republic News of the Republic
Indonesia and 2 (two) of the daily newspapers
have a wide circulation;
c. ordered Team Liliquidation to carry out
liquidation in accordance with the provisions of the Act
Number 40 of the Year 2014 about Perinsurance and
This OJK Regulation; and
d. ordered Team Likuitie reporting results
implementation of Likuitie to OJK.
(2) Actions as referred to in paragraph (1) letter b
executed by OJK at most 15 (fifteen) Days
since the date of the dissolution of the Dissolution by OJK
as referred to in paragraph (1) the letter a.
(3) Notice and announcement as referred to
in paragraph (1) letter b contains:
a. Dissolution and its legal basis;
b. name and address of Team Liliquidation;
c. tata ways filing invoices; and
d. Term of the invoice.
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(4) The term of invoice submission as intended
in paragraph (3) d for the Company in the form
The legal entity of the third limited liability 60 (six
) days of the Announcement date
as referred to in paragraph (1) letter b.
(5) The term of invoice submission as referred to
in paragraph (3) of the d-shaped letter
the most long-term cooperative legal entity 3 (three) months.
since the date of the announcement as contemplated on
paragraph (1) letter b.
Section 7
(1) Since the decision of the RUPS as referred to in
Section 4 of the paragraph (1) or the OJK decision as
referred to in Section 6 of the paragraph (1), the Company
in the form of a limited liability law body is called
The Company in Liliquidation and is required to list
the word "(in liquidation)" shortened "(DL)" behind the name
The Company.
(2) Since the decision of RUPS as referred to in
Section 4 of the paragraph (1) or the OJK decision as
is referred to in Section 6 of the paragraph (1), the Company
in the form of a cooperative legal entity called the Company
in completion and mandatory use of the word
"(in completion)" (DP) " behind the name
Company.
Third Section
Liquidation Team
Paragraph 1
General
Article 8
(1) Since the formation of Team Liliquidation as
is referred to in Section 4 and Section 6:
a. The Company's responsibilities and responsibilities
in Liquidation Team are implemented by the Liliquidation Team;
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b. Directors, Board of Commissioners, and Supervising Board
Shariah:
1. no longer has authority as a Board of Directors,
the Board of Commissioners, and Supervising Board
Sharia as well as being non-active;
2. not allowed to resign
before Likuitie is completed, except with
OJK approval; and
3. not entitled to receive salaries and earnings
others as Directors, Board of Commissioners, and
The Board of Trusts of Syariah Companies in
Liliquidation.
(2) Shareholders or equivalent to holders
shares on the cooperative-shaped legal entity, Directors,
Board of Commissioners, Syariah Supervising Board and employees
The company in Liliquidation is required to provide data,
information, and documents required by Tim
Liliquidation.
(3) shareholders or equivalent holders
shares on the cooperative-shaped legal entity, Directors,
Board of Commissioners, Syariah Supervising Board, and employees
Companies in Likuitie are banned from impeding
Liquidation Process.
Paragould 2
The task and authority of the liquidation team
Section 9
The liquidation team has the following tasks:
a. completed the items related to
Disbandment;
b. solve things related to employees
Enterprise;
c. perform asset testing and Corporate liability;
d. relay periodic reports and incidental reports
if required to OJK;
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e. committing the exercise responsibility of Liliquidation
to:
1. RUPS, for the Liliquidation Team set up by RUPS;
or
2. OJK, for Team Likuities set up by OJK;
and
f. perform other tasks deemed necessary to
carry out the Liliquidation process.
Article 10
In order to carry out the task as intended
in Section 9, Team Liliquidation is authorized:
a. represent the Company in Liliquidation in any way
in relation to the settlement of rights and obligations
The company is both inside and outside
the court;
b. conduct negotiations and other actions in
the asset sales and receivance of debt against
the debitors;
c. do call, negotiation, and payment
obligations to the Kreditor;
d. employ the support personnel of the Likuitie Team, both
that are from within and from outside the Company
in Likuitie;
e. designate other parties to assist in the implementation of
liquidation, among other actuarial consultants, assessors, and
legal advice/consultant/legal consultant;
f. make calls to the Kreditor;
g. requesting a revocation to the court for any
a suspected Company legal action that is suspected to be detriment
The Company and done is not in good faith; and
h. perform other actions required in order
execution of liquidation.
Article 11
In order to represent the Company in Liliquidation outside
and in the Court as referred to in Article
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10 letters a, The Liliquidation Team may use the services
legal advice/attorney/legal consultant appropriate
laws.
Article 12
(1) In order to employ Team support
Liliquidation and other party appointments as
referred to in Article 10 of the d and e letter, Tim
Likuitie is required to consider:
A. efficiencies in the execution of Liliquidation;
b. Team Liliquidation support skills or parties
another is in question; and
c. Corporate finance capabilities in Liliquidation
to pay for Team support labor remuneration
Likuitie or other parties are in question.
(2) Labour remuneration of Team Liliquidation team or other party
as referred to in paragraph (1) letter c
includes honorarium, holiday allowance, and
participation in the national social security program
pursuant to the terms of this section. Laws.
Article 13
In order to request a revocation to the court
as referred to in Article 10 of the letter g, Team Liliquidation
first did the action among others
identify the binding which still in effect on the date
The Company's suspected attempt to harm
the Company, by researching:
a. The validity of the bond is based on the rules of the rules
negotiations; and
b. natural transaction pricing.
Article 14
The liquidation team must act fair and objective in
carry out the duties and its authority.
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Paragraph 3
Liquidation Execution Term
Section 15
(1) Liquidation Execution by Team Liliquidation is mandatory
resolved in the longest term 2 (two)
year Since the date of the formation of the liquidation team.
(2) In terms of implementation of Liliquidation has not been able to be
completed in the timeframe as intended
on the paragraph (1), then:
a. RUPS authorities extend the term
implementation of the liquidation of most 2 (two) times
each of the longest 1 (one) years for
The Likuitie Team formed by RUPS after
first get approval from OJK;
b. OJK may extend the term
the execution of most 2 (two) times
each of the longest 1 (one) years for
The Likuitie Team formed by OJK.
(3) Implementation term extension of execution
Liliquidation as referred to in paragraph (2), most
little should be supplemented with:
a. the reason for extension of the term of execution
Liliquidation;
b. Liquidation process progress report until
with date of request and proof
supporters; and
c. work plans and cost budgets during
extension of the term of the Liquidation Execution.
(4) The Request the term of the term extension
The liquidation as referred to in paragraph (2) is submitted
at least 4 (four) months prior to the expiration of the term
the time of the implementation of Liliquidation as contemplaed
paragraph (1) or the end of the term extension
first.
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(5) In terms of implementation of Likuitie is not yet completed
in the timeframe as referred to in paragraph (2),
OJK can:
a. wait until there is a court ruling that
a force of the law remains, in the event of not
the completion of the liquidation of Liliquidation to the term
the time as referred to in paragraph (2)
due to a lawsuit or dispute on
The Company ' s troubled assets in Liliquidation; or
b. set another completion step in the
with the provisions of the laws
in effect.
Paragraph 4
Member of Team Liliquidation
Article 16
(1) Member of Team Liliquidation for each Company in
The least 2 (two) people and most 5
(five) people.
(2) The number of Liquidated Team Members is done with
considering the effectiveness and efficiency of implementation
Liliquidation.
(3) In terms of required, one of the shareholders
or the equivalent of a shareholder on the body
the cooperative-shaped law, the Board of Commissioners, or the Board of Commissioners
may be appointed as a member of the Team Likuities with
considering an understanding of the problem that
occurs in the Company, being cooperative, and not
has an interest in the interests that can be detriable to
the Company.
(4) One member of the Likuitie Team is assigned as chairman
Liquidation Team.
Article 17
(1) The Liquidation Team Designation is conducted with
considering integrity, competence, and reputation
the candidate finance member Tim Likuitie.
(2) The membership of Team Likuities is at least comprised of:
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a. 1 (one) the person with knowledge and
the shortest 10 (ten) years experience in
the field of perinsurance; and
b. 1 (one) person who has knowledge and
at least 10 (ten) years of experience in
the legal, auditing, financial, and/or
fields of accounting.
(3) Sesama member Tim Liliquidation and between Team members
Liliquidation with support personnel Tim Likuitie or
other designated parties should not have a relationship
marriage, temporary family relationship, or relationship
family as blood to the top, down, and sideways until
with the first degree.
Article 18
In case of a clash of interests between interests
shareholders or the equivalent holder of the shares
on the cooperative-shaped legal entity and interests
Polis Holder, Liability, or Participant, Team Liliquidation
must prioritse the interests of the Polis Holder,
Responsible, or Participant.
Article 19
(1) In terms of Team Liliquidation members are set up by RUPS, OJK
can ordered the RUPS to dismiss
and/or appoint a replacement member of the Liliquidation Team which
stopped prior to the term of the liquidation team
ending with consideration if Team member
Liliquidation:
a. does not perform the task well;
b. committing a violation of the provisions
the statute of negotiations;
c. withdrew;
d. Fixed impediation; or
e. dead.
(2) In terms of OJK commands the RUPS as
referred to in paragraph (1), but RUPS is not
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dismiss and/or appoint member replacements
Team Liliquidation, then OJK may dismiss
and/or appoint replacement Team member Likuidasi
that stops.
(3) In terms of member Likuitie Team formed by OJK, OJK
may dismiss members of Team Liliquidation before
the term of the Liliquidation Team assignment expires
based on consideration as in question
paragraph (1).
(4) OJK may designate a replacement member of the Likuitie Team which
is dismissed as referred to in paragraph (3) for
the remainder of his term.
Paragraph 5
Remuneration Tim Liliquidation
Section 20
(1) Members of Team Likuities are given remuneration set
by:
a. RUPS for Likuitie Team formed by RUPS;
or
b. OJK for Likuitie Team formed by OJK.
(2) Remuneration as referred to in paragraph (1) consists of
of:
a. honorarium; and
b. earnings/other facilities.
(3) The amount of the remuneration of Team Likuities as intended
on the verse (1) is set to consider the factor-
factor among others:
a. the amount of assets and liabilities;
b. the condition and severity of the asset thawing
and/or the receivation of debt as well as the completion of
Corporate liability;
c. Corporate office network in Liliquidation; and
d. Liquidation team qualifications.
(4) Other facilities as referred to in the paragraph
(2) the b letter includes only a day allowance, an incentive that
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reasonable, and participation in the social security program
national under the provisions of the laws.
(5) Liquidation Team's Remuneration is a cost component
The liquidation of the Company in Liliquidation.
(6) The provisions of reasonable incentives
as referred to in paragraph (4) are set in the Letter
The OJK Roundup.
Paragraph 6
The Work Plan and Budget Cost Tim Liliquidation
Article 21
(1) The Liliquidation team compiled a work and budget plan
fees in the framework of implementation of Liliquidation refers to
the work plan guidelines and budget.
(2) The liquidation team compiled a work and budget plan
fees in the course of the implementation of the most
implementation of little loading:
a. type of activities to be performed;
b. the completion schedule of each activity;
c. the plan and means of an asset fluid and/or
debt collection;
d. plans and means of payment of liabilities to
Kreditor;
e. the number of support personnel Tim Likuitie
is required; and
f. Liquidation fee.
(3) The work plan and cost budget as intended
in paragraph (1) are compiled for the period during the term
The liquidation of the Liquidation Team is monthly.
(4) In case there is an improvement work and budget plans
year-running costs, Team Liliquidation must deliver
work plan improvements and cost years of running
to OJK to get approval.
(5) Repair of work plan and cost budgets as
referred to paragraph (4) approved by OJK most recently 20
(twenty) Days after OJK received a plan improvement
the work and cost budget were meant.
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(6) In terms of OJK not or does not provide consent
for the improvement of the work plan and cost budget
as referred to in paragraph (4), the Liliquidation Team remains
using the work plan and the OJK-approved
approved cost-and-budget.
(7) In terms of OJK prolonging the term of execution
Liliquidation and/or Team Liliquidation duties, Team Likuities
deliver a work plan and budget fee for
the extension to OJK.
(8) Further provisions on the work plan guidelines
and the cost budget as referred to in paragraph (1)
is set in the OJK Circular Letter.
Section 22
(1) The cost and budget plan as referred to
in Section 21 is delivered to the OJK most 30
(thirty) days since the Likuitie Team is formed or since
commencing the renewal period team Liliquidation team.
(2) OJK may request improvements to the work plan and
The budget cost the longest 10 (ten) days since
received a work plan and cost budget.
(3) In terms of OJK requests for improvement over the work plan and
budget cost, Team Likuitie is required to deliver
improvement over the plan work and cost budgets accordingly
OJK requests for at least 10 (ten) days since
received an improved request from OJK.
(4) OJK provides approval of the work plan and
the most long cost budget of 20 (twenty) days after OJK
received a work plan and cost budget as
referred to in paragraph (1) or repair of the plan work
and the budget charge as referred to in paragraph (3).
Fourth Section
Completion Of Corporate Obligations To Employees
Section 23
(1) In order to carry out the task of completing things
relating to the Company employees as
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referred to in Article 9 of the letter b, Likuitie Team
counts the debt salary and severance of the employee
being the Company's liability to the employee who has
performed the termination of the work relationship.
(2) The debted salary payment as referred to in paragraph
(1) is done by taking into account the employee's obligations
that has been due.
(3) The severance payment as referred to in paragraph (1)
is done by taking into account the entire liability
employee.
(4) The liquidation team may delay severance payments
to members of the Board of Directors and employees of the Company
indicated on a perinsurance criminal
and/or other malicious acts that may be detritable
Company.
(5) The liquidation team is required to disconnect the working relationship
the longest employee of 3 (three) months since the formation of the Team
Likuitie.
(6) The liquidation team is required to create a calculation of the employee's rights
others arising as a result of the termination of the relationship
work as set up in the perinvite rule-
invitation in the employment field to note as
Corporate obligations in Liliquidation in groups
obligations to other Kreditor.
(7) In terms of Team Liliquidation has not yet been formed and payment
employee salaries have been due, then by OJK approval,
Directors may make such salary payments
along the funds for The payment payment is available.
Fifth Section
Payment of Corporate Oblicity To
Polis Holder, Responsible, or Participant
Section 24
(1) The Rights of the Polis, Responsible, or Participant on the
The share of the Company's wealth in Liliquidation
has a higher standing than the rights
the other party.
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(2) Insurance and Corporate Insurance Fund
Reinsurance in Liliquidation must be used first
first to meet the obligations to Licensee
Polis, Terliabilities, or other parties entitled to
insurance benefits.
(3) In terms of the Insurance Fund not sufficient to
pay the entire liability to the Polis Holder,
Responsible, or any other party entitled to the benefit
insurance, payment obligation intended to be done
proportionally.
(4) In terms of after entire liability to Holder
Polis, Responsible, and other parties entitled to
insurance benefits have been met with excess
Insurance Fund, the Insurance Fund is meant to be
used to meet obligations to the party
third other than the Polis, Responsible, or other parties
other entitled to insurance benefits.
(5) Licensee's investment fund Polis insurance PAYDI only
can be used to pay an obligation to
Policyholders are concerned.
(6) the tabarru fund 'and the Participant' s investment fund Enterprise
Sharia Insurance or Sharia Reinsurance Company
in Liliquidation cannot be used to pay
obligations other than to Participant.
Section 25
(1) In order of payment of Licensee's rights Polis,
liability, or Participant as referred to in
Article 24 of the paragraph (1), the Liquidation Team of the insurance company
the soul or the sharia life insurance company in Liquidation
must seek to be dependadled for the performance of the liability. insurance policy
the soul or insurance of syariah soul still in effect (in force)
may continue to apply by means of switching portfolios
dependents to life insurance companies or
other syariah life insurance companies.
(2) In order to create a portfolio diversion
the liability to a life insurance company or
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2015, No. 294 -22-
Another syariah life insurance company as
referred to in paragraph (1), The Liliquidation Team must first
notify that transfer plan to
Polis Holder, Terminus, or an Participant.
(3) The assignment of the liability portfolio as intended
in paragraph (1) must meet the requirements as follows:
a. performed on a life insurance company or
a sharia life insurance company that has a field
the same effort; and
b. does not cause a life insurance company or
a sharia life insurance company that accepts
a diversion of a liability portfolio in violation of
the financial health related provisions applicable in
the perinsurance field.
(4) In the case of the Polis Holder, Responsible, or Participant
refuses the liability is transferred to the company
life insurance or other sharia life insurance company,
The liquidation team returns the premiums or contributions Appropriate
with the remainder of the term.
Article 26
(1) Payment the policy benefit claim is performed
full, unless the Company's assets are smaller than
Enterprise liability, the payment is done
proportional.
(2) In terms of insurance or sharia insurance coverage
that still applies (in force) at the time of Revocation
The Company Business is not being transferred to the Company
another, the payment of the rights of the Polis, Liability, or
Participants are done as follows:
a. for insurance policy or sharia insurance that is not
having a savings element is as large as the amount
calculated proportionally based on the remainder of the term
the time of the liability on the date of the revocation of the permit
Effort The company (unearned premium), after
minus the premium portion or contribution that has been
paid to the insurance brokerage firm
and/or the insurance agent commission;
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b. for an insurance policy that has a savings element
is of the value of cash at the time of the Permissions Revocation
Enterprise Effort;
c. for the PAYDI insurance policy:
1. for premiums or risk contributions apply
conditions as set in the letter a;
and
2. For the participant's investment fund is the value of
cash neto on the date of the Attempted Revocation
Company,
unless the Company's assets are smaller than
Corporate liabilities then the payment is done
proportionally.
Section 27
(1) Asset thawing results other than the Insurance Fund or Fund
Tabarru 'is used to pay the Company' s obligations
to the Polis Holder, Responsible, Participant, or party
others entitled to the benefits of insurance/sharia insurance,
after deductable salary deductable and the implementation fee
Liliquidation.
(2) The payment of the Company ' s liability to the Polis Holder,
Responsible, Participant, or any other party entitled to
insurance benefits/insurance sharia as intended
on paragraph (1) is done if the Insurance Fund or Dana
Tabarru ' does not adequately pay all obligations to
Polis Holder, Responsible, Participant, or other party
entitled to the benefits of insurance/sharia insurance.
(3) The payment of the obligation to Kreditor as
referred to paragraph (1) of the asset thawing result may
be done gradually or at the end of the term
The liquidation of the entire rules does not violate the rules of
other legislation.
(4) The payment of the obligation to Kreditor as
referred to the paragraph (3) must be more Previously got
OJK approval.
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Article 28
(1) In terms of the remainder of the Liliquidation results after it was done
payment of the Company's entire liability in
Liliquidation, the remainder of the Liliquidation result is the right
shareholders or equivalent holders
shares on a cooperative-shaped legal entity.
(2) The remainder of the Liliquidation results as referred to in paragraph (1)
may only be shared to shareholders or
equivalent with the shareholders on the legal entity
the shape of the cooperative after the end of the term 2
(two) years since the Liliquidation process is completed.
(3) The Kreditor has not submitted a bill to the Team
The liquidation as referred to in Article 5 of the paragraph (4)
or paragraph (5), may submit a bill in the term
time 2 (two) the year since the Liliquidation process is completed
as it is referred to in paragraph (2).
(4) The bill as referred to in paragraph (3) is submitted
via OJK to shareholders or equivalent
with shareholders on the form of the form law
the cooperative.
(5) OJK may request an authorized instance to
block the remainder of the liquidation result which is entitled
shareholders or equivalent holders
shares on the cooperative-shaped legal entity in
term as it is in verse (2).
(6) The bill as referred to in paragraph (3)
is charged to the remainder of the Liliquidation result which is
the holder's rights or equivalent to the holder
shares on the cooperative-shaped legal entity.
(7) Based on list of shareholders or which
equivalent to shareholders in the legal entity
in the form of a cooperative, OJK may request an agency that
authorized to revoke the blocking of the remainder of the results
The liquidation of the bill is referred to to pay
a bill that has been verified.
(8) If after the term time as intended
on paragraph (2) ended no bill submitted
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2015, No. 294 -25-
via OJK to shareholders or equivalent
with shareholders on the legal entity shaped
cooperatives or any bills but there are still remains
Liliquidation results, OJK requested Blocking revocation
to the agency authorized for the remainder of the liquidation result
to be taken by the shareholders or who
equivalent to the shareholders in the legal entity
in the form of a cooperative.
Sixth Section
Asset Liabilities And Corporate Obligations
Article 29
In Enterprise asset and liability requirements
as referred to in Section 9 of the letter c, Team Liliquidation
carry out the following actions:
a. designate a registered public accountant in OJK for
auditing the Closing Neraca;
b. Perform inventory of assets and liabilities;
c. compiling the Balance Sheet While Liquidation;
d. implement asset fluids and/or billing
receivy;
e. exercised liability payment to para
Kreditor; and
f. Leave the untaken part of Kreditor
to the court.
Article 30
(1) After receiving the Closing Neraca of OJK, Tim
Likuitie appoints a registered public accountant in OJK
for auditing the Closing Balance.
(2) The implementation of the Closing Neraca audit as
referred to the paragraph (1) is done by referring to
the work reference framework compiled by Team Likuities.
(3) the work reference framework as referred to in paragraph (2)
at least contain the purpose and scope of the audit.
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(4) The appointment of a public accountant as referred to
paragraph (1) the longest 30 (thirty) days since Neraca
The closure received Team Liliquidation.
(5) The Liliquidation team delivered Neraca. The closure that has been
is audited by the public accountant as referred to
paragraph (1) to the OJK tops 90 (ninety) days
since the date of the appointment of the public accountant.
Article 31
(1) The Liliquidation team performs Asset inventory and the
liability for the Company.
(2) Assets are grouped in unproblematic assets and
problematic assets.
(3) Assets are specified in the troubled group if
have a legal impediment in its obscenity that
is caused among others:
a. incomplete document;
b. the full document but the physical of the asset is unknown
its existence;
c. the binding is not perfect;
d. assets and/or agunan not marketable; and/or
e. be an object of dispute outside or inside
the court.
(4) In order to perform an inventory of liabilities
The Company to the Polis Holder, Responsible,
Participant, or any other party entitled to the benefit
insurance, The Liliquidation Team may appoint an independent
.
(5) The results of asset inventory and liabilities as
referred to in paragraph (1) are used as the basis in
drafting and is the Temporary Neraca attachment
Likuitie.
Article 32
(1) The Liliquidation Team compiled the Balance Sheet While Liquidation
by referring to the Neraca drafting guidelines
While Liliquidation.
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(2) Liquidation Team delivered Balance Sheet While Liquidation
to OJK tops 60 (sixty) Days after Team
Likuities received an audited Neraca Closing.
(3) OJK can approve or request an improvement of Neraca
While liquidated if drafted does not correspond to
the guidelines as referred to in paragraph (1) most slowly
7 (seven) days since Balance Sheet While Liquidation is accepted
OJK.
(4) The Liliquidation team is required to meet OJK requests
as referred to in paragraph (3) at most 15 (five
twelve) days from the date of Neraca repair request
While Likuitie by OJK.
(5) Compulsory Liquidation Team announces Temporary Neraca
Liliquidation that OJK has approved on 2 (two) Newspapers
at least 7 (seven) Days since Neraca While
Likuitie is referred to OJK's approval.
(6) Further provisions on the drafting guidelines
The Balance Sheet While Liquidation as referred to
paragraph (1) is set in the OJK Circular Letter.
Article 33
(1) The asset irrigation is not problematic as intended
in Article 31 of the paragraph (2), performed after Neraca
While Liliquidation is approved by OJK.
(2) In terms of the Balance Sheet While Liquidation has not been approved of OJK,
the asset liquefaction is not problematic as intended
on the paragraph (1) may be done after receiving approval
from OJK.
(3) The irrigated asset irrigor as referred to
in paragraph (1) and verse (2) must use the market price
reasonable.
(4) Asset watering and/or receivable billing is performed by
The liquidation team corresponds to the plan and the way that
is set forth in the work plan and cost budget
as referred to in Section 21 of the paragraph (2) of the c.
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Article 34
The entire cost of the implementation of Liliquidation listed in
The list of Liliquidation costs becomes the Company's asset load in
Liliquidation and issued first of any results
dissired it.
Seventh Section
Oversight and Reporting Liquidation Implementation
Article 35
(1) OJK performs supervision over the execution of Liliquidation.
(2) The supervision of the implementation of Liliquidation as
referred to in paragraph (1) was done indirectly
by analyzing the report delivered by
The Liliquidation team to OJK.
(3) In terms of view of need, OJK may perform
directly supervision in the Company in
Likuitie.
(4) OJK may designate a public accountant or any other party
for and on behalf of OJK performing the supervision
directly as in paragraph (3).
Article 36
(1) The Liliquidation team delivers a report of the realization of a work plan
and the budget cost to OJK each month the longest
date 10 (ten) the next month.
(2) If the deadline is final the delivery of the plan realization report
work and budget expenses as referred to
paragraph (1) falls on the holiday, the final delivery limit
the report is the next first working day.
(3) The realization report work plans and cost budgets
as referred to in paragraph (1) the least load:
a. the development of Liliquidation activities;
b. target unmisfit problem;
c. cash flow report;
d. existing asset positions and liabilities that
has been resolved;
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e. budget realization details; and
f. barriers encountered and follow-up plans.
Eighth Quarter
Liquidation Termination
Section 37
Liquidation Execution is completed in terms of:
a. The Company's entire liability in Liliquidation has been
paid and/or no more assets can
be used to pay any obligations before
the end of the term of the implementation of Liliquidation; or
b. the end of the term of the implementation of Liliquidation
as referred to in Article 15.
Article 38
(1) In terms of the execution of Liliquidation shall terminate
as referred to in Article 15 of the paragraph (1) and the paragraph (2),
at least 3 (three) months prior to the forecast
end of the implementation of Liliquidation, the Compulsory Liquidation Team
announces the last payment date to
Kreditor includes a follow up if Kreditor is not
takes its right in the term up to
the last payment date.
(2) The last payment date as referred to
paragraph (1) the longest 30 (thirty) days from the date
announcement.
(3) Announcement as referred to in paragraph (1)
done in 2 (two) Newspapers.
(4) In terms of the Kreditor has not taken its right until
with the time limit as referred to in paragraph (2)
then the funds The rights to the Kreditor are granted
to the court.
(5) The funding pan is referred to in paragraph (4)
performed at least 30 (thirty) days from the time limit
payment as contemplated in paragraph (2).
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(6) The liquidation team is stated to have exercised the payment
obligations to the Kreditor are concerned after
at the fund which became the Kreditor rights that is not
taken as It is in verse (4).
(7) If within 30 (thirty) years of funding that
becomes the right of Kreditor as referred to in paragraph (4)
not taken by the concerned Kreditor, then the funds
is submitted to the state coffers.
Ninth Section
Liquidation Team Liquidation
Article 39
(1) In case the Liliquidation Team is set up by RUPS
as referred to in Article 4 of the paragraph (1), Team
Liquidation shall deliver the Final Neraca Liquidation
to OJK and Team assignment accountability report
Liliquidation to RUPS the longest 10 (ten) Days
after the execution of Liliquidation is completed.
(2) In terms of the Liliquidation Team formed by OJK as
referred to in Section 6 of the paragraph (1), the Compulsory Liquidation Team
delivered the Liquidation End Balance and report
liability responsibility Tim Liliquidation to OJK
by busan to shareholders or that
equivalent to the shareholders on the legal entity
in the form of the longest cooperatives 10 (ten) days after
The liquidation implementation is complete.
(3) the liability report as referred to
in paragraph (1) and the verse (2) at least contains:
a. acceptance of Liliquidation results;
b. Liquidation fee;
c. payment of liability to Kreditor;
d. the rest of the cash assets or the cash equivalent;
e. the rest of the troubled assets; and
f. the remainder of the obligations unpaid.
(4) OJK appoints the public accountant for and on behalf of OJK
conduct the Liquidation Final Balance Sheet as
referred to paragraph (1) and paragraph (2).
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Article 40
In terms of the Liliquidation Team formed by RUPS
as referred to in Section 4 of the paragraph (1) has
delivered the Liquidation End Balance and approved OJK
as well as the report Accountability has been accepted by RUPS, then
RUPS:
a. asked Team Liliquidation for:
1. announced the end of Liliquidation with
placing it in the Republic News of the Republic
Indonesia and in 2 (two) Newspapers;
2. notifies the authorities
regarding the delete of the legal entity status
The Company; and
3. notifies the authorized instance,
in order for the Company name to be removed from the list
the company; and
b. dismissed Tim Liliquidation.
Article 41
(1) In terms of the Likuitie Team formed by OJK
as referred to in Section 6 of the paragraph (1) has
delivered the Balance Sheet of the End of the liquidation and report
liability to OJK, OJK decides
accepts or does not receive Team liability
Liliquidation tops 10 (ten) Days since OJK accepts
the audit results report as referred to in Article 39
paragraph (4).
(2) In terms of the Team Likuitie accountability report
has been accepted by OJK, then OJK:
a. asked Team Liliquidation for:
1. announced the end of Liliquidation with
placing it in the State News
Republic of Indonesia and in 2 (two) Letters
News;
2. notifies the agency that
authorities regarding the removal of the body status
Corporate law;
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3. notifies the agency that
authorities, in order for the Company name to be removed from
the company list; and
4. submitted the entire Company document
in Likuitie to OJK.
b. dismissed Tim Liliquidation; and
c. dismiss the Directors, Board of Commissioners, and
(3) Actions as referred to paragraph (2) letters a
conducted by Team Likuitie for longest 30 (three) (20)
The day since the responsibility is accepted by OJK.
(4) In terms of OJK decided not to accept
responsibility Team Liliquidation, OJK can:
a. report Team Liliquidation to the party
is mandatory if Team Likuities are indicated
performing:
1. cheating in performing the Liliquidation process;
or
2. criminal charges; or
b. do other steps in accordance with the provisions
applicable laws.
Section 42
The legal entity's liquidation status expires
since the date of the announcement of the expiration of Liliquidation in
The Republic of Indonesia State News as referred to
in Article 40 letter a figure 1 and Article 41 of the paragraph (2) letter a
figure 1.
BAB III
TERMINATION OF THE BUSINESS ACTIVITIES
AT THE COMPANY ' S REQUEST
Article 43
(1) The company that stops its business activities is mandatory
first reported a termination plan
venture activities to OJK.
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(2) Companies that report termination plans
venture activities as referred to in paragraph (1)
must meet the requirements as follows:
a. have low or moderate risk levels
and the assets that are belonging to the group
The Company that represents only a certain amount
of the total industrial assets in accordance with the provisions
regarding the rate assessment risk; and
b. has listed the activity termination plan
efforts in the Company business plan.
(3) The risk level as referred to in paragraph (2) the letter
a is based on the assessment performed by
OJK.
Article 44
(1) The termination plan of the Company ' s business activities must
get approval from OJK.
(2) To get the approval as intended
in paragraph (1), the termination plan of the business activities must
load the least of the things as follows:
a. the reason of termination of the business activities;
b. The description of the Company's condition, including data
on the number of policies that still applies (in force),
the number of Polis, Responsible, or Participant numbers,
the number of Corporate liabilities to Licensee
Polis, Liability, or Participant and liability
others;
c. planned completion of the Company's obligations to
all Kreditor; and
d. Dissolution plans or other plans after
The Company completes its obligations to
all Kreditor and the Company's venture permit has
revoked by OJK.
(3) The termination plan of the venture activities as
referred to in Article 44 of the paragraph (1) must be lamped with
the document as follows:
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a. original copy of the decision on granting permission
Enterprise effort or if original copy
missing decision must be lamped with copy
a copy of the decision regarding the attempted permissions
which has been legalized and The statement of the Board of Directors
that original copy of the decision is missing;
b RUPS decisions regarding approval of
Enterprise business activities termination plan;
c. Company's last financial report;
d. proof of tax settlement and other obligations
to the country; and
e. Evidence of OJK levies and fines
outstanding administrative.
Article 45
(1) OJK conducts research on the termination plan
The activities of the venture delivered by the Directors
as it means in Section 44.
(2) Based on the results of the research as referred to
on the paragraph (1), in the most prolonged period of 30 (three
tens) of the day since the receipt of the termination plan
complete business activities, OJK publishes mail
approval or resignation letter termination plan
venture activities.
(3) In the case of OJK publishing a consent letter
as referred to in paragraph (2), the Company
is required to:
a. pause the company ' s entire business activities;
b. announces an activity termination plan
the business and obligations settlement plan
The Company in the Newspaper for 3 (three) Days
consecutive days 10 (ten) days since
the date of the plan approval letter outage
venture activity;
c. complete the entire Company liability in
longest term of 4 (four) months since
date of termination of the termination plan
venture activities; and
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d. designate a public accountant to compose a balance sheet
end includes performing verification for
ensuring completion of all obligations
The Company.
Section 46
(1) Company's liability to all
Kreditor including Polis, Responsible, or
Participants should not harm or decrease the rights
Keditor including the Polis Holder, Terresponsibilities, or
Participants.
(2) In terms of the Company stopping activities
insurance efforts and reinsurance efforts with the principle
sharia has no Participants, existing Tabarru Fund
is mandatory to top social institutions
consideration of the Syariah Board of Regents.
(3) In terms of the completion of the obligations to Licensee
Polis, Responsible, or Participant is conducted in the manner
diverting the portfolio of dependents to
Other Companies, Companies required to notify
plan diversion portfolio of such dependents
to the Polist Holder, Responsible, or Participant
through:
a. The announcement of the termination plan of the business activity
in the Newspaper as referred to in
Section 45 of paragraph (3) letter b; and
b. letter to any Polis Holder, Responsible,
or Participant.
(4) The assignment of the liability portfolio as
referred to in paragraph (3) must meet the requirements
as follows:
a. not to reduce the rights of the Polis, liability,
or Attendees;
b. performed on a Company that has a field
the same effort; and
c. does not cause the Company to receive
breach of the breach portfolio breach
a provision in the field of insurance.
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Section 47
(1) Polis Holder, Responsible, or Participant of
The company that will perform the entire diversion
the liability portfolio as referred to in
Section 46 of the paragraph (3) entitled to decline
The liability was transferred to another Company.
(2) The company must provide an opportunity to
Polis Holder, Responsible, or Participant for
relayed the diversion the liability
to another Enterprise in the term of 1 (one)
the month since the announcement as specified in
Section 46 of the paragraph (3).
(3) In the case of the Polis Holder, Responsible, or Participant
refuses the liability is transferred to
Another company, the liability is over and
The company is required to restore the rights of the Polis,
Liable, or Participant.
(4) The company is required to notify the rights of the Polis,
liability, or Participant as referred to in
paragraph (2) and the result of a diversion rejection
the contemplating as contemplated on paragraph (3)
in the announcement and letter as referred to
in Section 46 verse (3).
Article 48
The rights of the Polis, Responsible, or Participant rights
as referred to in Article 47 of the paragraph (3) are performed
as follows:
a. for insurance policy or sharia insurance that is not
having a savings element is as large as the amount
calculated proportionally based on the remainder of the term
the time of the event on the date of the Polis Holder,
Liability, or Participant conveyting the above rejection
the transfer of the fee (unearned premium), after
minus the premium portion or contribution that has been
paid to the insurance brokerage firm and/or
agency commission;
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b. for an insurance policy that has a savings element
is as large as the value of cash on the date of the Polis Holder,
Responsible, or the Participant convex a rejection of
the diversion of the liability;
c. for the insurance policy PAYDI:
1. for premiums or risk contributions apply
terms as set in the letter a; and
2. For an Attendees ' investment fund is as big as the value
cash neto on the date of the Polis Holder,
Responsible, or the participant convex a rejection
for the diversion.
Article 49
After the whole The Company's obligations as
referred to in Section 46 are resolved, the mandatory Directors
relayed the report to the least OJK
loading:
a. execution of the Company ' s business activities;
b. implementation of the announcement as intended
in Section 45 of the paragraph (3) letter b;
c. implementation of the completion of the Company's obligations;
d. The Company ' s final balance sheet has been audited by the auditors
independent; and
e. a statement letter from a shareholder or equivalent
with a shareholder in the form of a legal entity
the cooperative which stated that the entire liability
The Company has been resolved and if there is
the demands on then the day becomes the responsibility
shareholders or equivalent holders
shares on the cooperative-shaped legal entity.
Article 50
(1) OJK conducts research into the report that
delivered by Directors as referred to in
Article 49.
(2) Based on the results research as intended
in paragraph (1), in the most prolonged term of 30
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(thirty) Days since the receipt of the report
complete, the OJK publishes the decision on
The revocation of the Company's enterprise permit.
Section 51
Since the date of the Revocation Of The Business Permit Enterprise
as referred to in Section 50 of the paragraph (2), if at
then the day of the Company's not to be required
is resolved, shareholders or equivalent to
shareholders in the form of a legal entity The cooperative
is responsible for the intended liability.
BAB IV
CORPORATE PAILITAN
Part Kesatu
Requirements and Tata Cara
Request for the company pailit statement
section 52
(1) The creditor based on its assessment that the Company
meets the requirements of stated pailit as invited-
invite about pailitan, able to convey
a request to OJK for OJK to submit
a request for the Company's bankruptcy statement
in question to the court of business.
(2) The company could not submit a request
a pailit statement for him own.
(3) Requests as referred to in paragraph (1)
are submitted in the Indonesian Language and
signed by Kreditor or whose power
contains at least:
a. Kreditor identity, at least includes the full name
and the Kreditor address;
b. The name of the Company is honed to be stated
pailit by the court of commerce;
c. description of the matter which is the basis of
which includes:
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1. The court authority of the business;
2. legal (legal standing) Kreditor that
contains a clear description of Kreditor's right
to apply; and
3. the reason for the pailit statement is described
clearly and in detail; and
d. things are being moved to be disconnected by
the court of commerce.
(4) In addition to fulfilling the provisions of the paragraph (3), the plea
as referred to in paragraph (1) is equipped with
a proof tool in favor of a statement plea
the Company pailit, the least of which is:
a. proof of Kreditor ' s self-identity;
b. proof of mail or writing related to
reason for pleas;
c. list of potential witnesses and/or experts with statements
short of the matters to be explained
related to the reason of the application, as well as the statement
willing to attend the trial, in terms of Kreditor
intends to file a witness and/or expert; and
d. a list of other proofs that may be information that
is stored in or sent through the media
electronic, if seen as necessary.
(5) Next to be submitted in a written form, the request
is also filed in the format digital in electronic media
is a compact disc (compact disk) or similar
with it.
Article 53
(1) Application as referred to in Article 52 of the paragraph (1)
addressed to the Chairman of the Board OJK Commissioner with
gust to Supervising Chief Executive
Perinsurance, Dana Pensions, Financing agencies, and
Other Financial Services Instituts OJK.
(2) OJK checks the following application of the evidence tool
delivered by Kreditor.
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2015, No. 294 -40-
(3) If the request is not yet complete, OJK notified
to Kreditor about the application that
must be met, and Kreditor should complete it in
at the slowest time of 10 (ten) Days of acceptance
(4) If the completeness of the plea is not met in
the term as referred to in paragraph (3),
the request is considered to be lost and next OJK
return the application file to Kreditor.
Section 54
(1) OJK agrees or rejects an application for
applying for the Company's pailit statement
at most 30 (thirty) days since the request
is complete.
(2) In the term time as intended in paragraph
(1), OJK can:
a. requesting a statement related to a statement
pailit to Kreditor, the Company is honed
pailit, and/or any other party; and/or
b. conducting an inspection of the Company.
Article 55
(1) OJK approved or rejected a Kreditor application
to apply for a pailit statement
The Company to the Court of Commerce with
consider:
a. The fulfilment of the requirements is specified as
is set in law regarding the pailitan;
b. The fulfillment of the submission requirements
as referred to in Section 52 of the paragraph (3);
c. The Company's financial ability to pay
debts or liabilities;
d. Enterprise oversight status;
e. administrative sanction charges against the Company;
and
f. a certain condition.
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2015, No. 294 -41-
(2) In terms of the OJK refusal to submit
a request for a Company pailit statement, OJK
conveyors a rejection of such a plea
written to Kreditor accompanied by reasons
rejection.
(3) In terms of OJK rejecting an application as
referred to in paragraph (2), OJK can:
a. suggest to Kreditor to complete
dispute with the Company through the agency
alternative dispute resolution or judicial
data;
b. facilitate a dispute resolution outside
court peacefully; or
c. do other actions that can help
settlement dispute.
(4) If OJK approves the request to submit
application for the Company pailit statement, then OJK
promptly relayed a pailit statement
The Company to the court of commerce pursuant to
the provisions of the laws.
(5) Charges of pailit statement to the court
niaga is borne by Kreditor.
Article 56
(1) In order to protect the interests of the consumer, OJK
may apply for the Company's pailit to
the court of commerce without a plea from
Kreditor.
(2) In submitting a pailit request as
referred to in paragraph (1), OJK considers things
as referred to in Article 55 of the paragraph (1) unless
letter b.
Article 57
(1) During a ruling over a pailit statement
not yet spoken, OJK may apply
to the court for:
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2015, No. 294 -42-
a. put the warranty sita against some or
the entire Company's wealth; or
b. designate a temporary curator to oversee:
1. Enterprise enterprise management; and
2. the payment to the Kreditor, the diversion, or
the Company's deep wealth admirer
The pailitan is the curator's authority.
(2) The Curator as referred to in paragraph (1) is:
a. Property Hall of Legacy; or
b. other curators.
(3) In filing the curator as referred to
paragraph (1) letter b, OJK considers things as
following:
a. independent and do not have a clash
interest;
b. have special expertise in taking care of
and/or cleaning up the treasury;
c. is not handling the Kepailitan case and
delay of debt repayment obligations more than
3 (three) matters;
d. understand the terms of the perinsurance; and
e. is listed on the ministry of the scope and
its responsibility in the field of law and regulation
legislation.
Second section
Implementation and Advanced
Finally the Corporate Pailitan
Article 58
In terms of the Company treasury stated pailit is
in the state of insolvation and done property vindicated
pailit, provisions regarding property share of wealth
The Company in Liliquidation as intended in
Article 24 to Article 28 mutatis mutandis applies
for the share of the treasury of wealth The specified company
pailit.
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2015, No. 294 -43-
Section 59
In terms of the Company's treasury requirements stated
pailit has been performed and the Company's bankruptcy expires,
OJK revoked the Company's pertinated venture permit.
BAB V
SANCTION
Section 60
The breach of the provisions in Article 2 of the paragraph (1), Section
3 paragraph (1), Section 4 of the paragraph (1), paragraph (2), paragraph (4), paragraph (7), Section 7,
Section 8 of the paragraph (2), paragraph (3), Section 12 of the paragraph (1), Section 15 of the paragraph (1),
Article 22 paragraph (3), Article 23 of the paragraph (5), paragraph (6), Section 32 of the paragraph (4),
paragraph (5), Section 38 of the paragraph (1), Section 39 of the paragraph (1), paragraph (2), Section 43
paragraph (1), Section 46 of the paragraph (2), paragraph (3), Article 47 of the paragraph (2), paragraph (3),
paragraph (4), and Section 49. the administrative sanction is subject to:
a. written warning; and/or
b. prohibition of being a shareholder or equivalent
with shareholders in the form of a legal entity
cooperatives, Directors, Board of Commissioners, or Council
Regents of Sharia in the Company.
BAB VI
PROVISIONS
Article 61
This OJK Regulation shall begin in effect on the date of the promulctest.
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2015, No. 294 -44-
For everyone to know, ordered
An OJK Regulation invitational with its placement
in the Republic of Indonesia State Sheet.
specified in Jakarta
on December 7, 2015
CHAIRMAN OF THE BOARD OF COMMISSIONERS
FINANCIAL SERVICES AUTHORITY,
ttd.
MULIAMAN D. HADAD
Reundrased in Jakarta
on December 11, 2015
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ttd.
YASONNA H. LAOLY
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