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Regulation Of The Financial Services Authority No. 12/pojk. 05/2014 2014

Original Language Title: Peraturan Otoritas Jasa Keuangan Nomor 12/POJK.05/2014 Tahun 2014

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missioners of more than 2 (two) other LKM for Directors; and

g) does not double the position of Commissioners more than 3 (three) other LKM for Board of Commissioners;

5) captions or written evidence have operational experience in the field of microfinance institutions or other financial services institutions the most short of 1 (one) year for one of its Directors; and

6) the caption or written evidence has operational experience in the field of microfinance institutions conduct a business activity based on the Syariah Principles or other sharia financial services institutions the most short 1 (one) year for one of the Directors, for the LKM conducting business activities based on the Syariah Principles;

c. the shareholder data or member:

1) in the event of a shareholder or member is a person, a document Attached is a document as referred to in the letter b. 1), number 2), and number 3) as well as a meted statement letter that the capital deposit:

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a) is not derived from a loan; and

b) is not derived from and for money laundering charges;

2) in terms of shareholders or members is a village/kelurahan and/or cooperative entity, Attached document is:

a) the deed of establishment including the following base budget (if any) has been passed/approved by the authority or is notified to the authorized instance, or proof of the foundation of the body. venture of desa/kelurahan;

b) financial statements that have been audited by public accountants or the last financial report or last financial bookkeeping;

c) the document as referred to in the letter b. 1), figure 2), and figure 3) for the Board of Directors or the business governing body of the village/kelurahan and/or co-operatives; and

d) Bermeterate statement that the capital deposits:

i. does not originate from a loan; and

ii. not to be derived from and for money laundering crimes;

3) In the case of a shareholder is the County/City Regional Government, the document attached is a decision or the District/City Regional Regulation/City related to the inclusion of capital on LKM;

d. DPS recommendation letter from DSN MUI for LKM performing business activities based on Syariah Principles;

e. Organizational structure and management that most lack the credit, billing, and billing function;

f. The LKM system and work procedures, most less include:

1) Loan or Financing;

2) Storage receipts;

3) billing to the borrower or the party receiving the financing;

4) the procedure of completion The debt is jammed; and

5) the closing procedure of the Store;

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g. work plan for the first 2 (two) of the most missing first year:

1) data on the number of other microfinance institutions in the LKM working region concerned;

2) the LKM business plan that contains the projection of the SimFront and the Loan or Financing and activities measures that will be conducted in realizing the intended plan;

3) the description of the economic potential in the LKM business area is concerned;

4) the financial position report projection and the 4 (four) monthly financial performance report started since LKM did the activities operation; and

5) the projected financial position report and financial performance report as referred to at number 4) refers to the provisions regarding the LKM financial report;

h. photocopy evidence of a repayment of the capital irruse or principal savings, compulsory savings and grants in the form of a futures deposit still in effect on behalf of the LKM concerned on one of the banks in Indonesia or one of the sharia banks or the sharia business unit in Indonesia for LKM doing business activities based on the Syariah Principles; and

i. proof of operational readiness include:

1) the list of fixed assets (if any) and inventory;

2) proof of ownership or control of the office; and

3) instances of the form to be used for LKM operations.

(4) The document is a letter of statement and the proof of capital's deposit as referred to in paragraph (3) the letter c. 1) and b), the letter c number 2), and the letter h does not apply to the LKM that is already operating at the time of Act No. 1 2013 The Mikro Financial Institution is promultable.

Section 6

(1) OJK grants consent or refusal to request a business permit in the most prolonged term of 40 (forty) business days since the request for a business permit is received. complete and correct.

(2) In order to grant consent or refusal of a permit efforts, OJK performs:

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a. research on the completeness of the document;

b. The eligibility analysis of the work plan; and

c. analysis of the fulfillment of the provisions of laws in the LKM field.

(3) In terms of uncompleted and/or improperly delivered business permit requests, OJK delivers a notice letter containing unmet terms to the applicant, at least 20 (twenty) business days after application is accepted.

(4) The refusal of the attempted permit is accompanied by reason of rejection.

(5) In terms of request for the attempted permission to be approved, OJK establishes the business permit as LKM to the applicant.

Article 7

(1) LKM have obtained a business permit from OJK obliged to conduct the slowest 4 (four) months activities after the business permit date is specified.

(2) The report of the execution of the business activities as referred to in paragraph (1) is required to be delivered by the LKM Board of Directors to OJK with a photocopy of the proof of execution of the management activities of the Service and/or Loan or Financing (20) business days after the commencement date of operational activity in accordance with the format in Appendix II which is an inseparable part of this OJK Regulation.

(3) If after a term as referred to in paragraph (1) the LKM has not done any business activities, OJK revoked the issued effort permit.

Section 8

The name LKM must be clearly listed in the base budget as referred to in Article 5 of the letter a number 1 which begins with the form of a legal entity followed by phrase:

a. "Microfinance Institute" or abbreviated as "LKM" and the LKM name for LKM performing a conventional business activity;

b. "Microsyariah Financial Institutionation" or abbreviated as "LKMS" and LKM name for LKM which performs business activities based on Sharia Principles.

Third Part

Permodalan

Article 9

(1) Modal disetor or principal stash, stash mandatory, and the LKM grant is set based on the scope of the b:always; page-break-after:always">

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4) letters from the Board of Directors, Board of Commissioners, and DPS for LKM conducting business activities based on Sharia Principles:

a) are not recorded in the stalled credit list in the financial services sector;

b) has never been convicted for committing a felony in the field of financial services and/or economics based on a court decision that has had a fixed legal force;

c) has never been convicted of committing a criminal offence A crime based on a court decision that has the power of the law fixed in 5 (five) last year;

d) has never been declared bankruptcy or cause an entity to be declared bankruptcy based on a court decision which has had a fixed legal force in 5 (five) last year;

e) has not been captured office as a director on another LKM for Directors;

f) has not been arrested as a Board of Comragraph (1) must be attached to the least loading design or smelting design:

a. a general meeting of the shareholders or meeting of LKM members that perform a merger or smelting;

b. The LKM base budget change design that accepts the merger if any or draft of the basic budget LKM is smelting;

c. plan of completion of the rights and obligations of the LKM that will do a merger or smelter with no reducing the borrower 's right and borrower' s rights; and

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d. Projected financial position report and financial performance report from LKM that will receive merger or smelting results for 2 (two) years.

(3) OJK gives consent or rejection of the request as referred to in paragraph (1) in the most prolonged period of 20 (twenty) business days since the request is received in complete and correct.

(4) In order to provide the approval of the application as referred to in paragraph (1), OJK performs:

a. research on the completeness of the document; and

b. analysis of the fulfillment of the provisions of laws in the LKM field.

(5) In the event of an incomplete merge or deliverable agreement, OJK delivers a notice letter containing unfulfilled terms to the applicant the slowest 10 (ten) business days after request received.

(6) In terms of OJK agreeing a request as referred to in paragraph (1), OJK conveyed the written consent in writing to the LKM to be able to perform a merger or smelter.

(7) The rights and obligations of which arise after the merger or smelting, becomes the responsibility of the LKM which will receive a merger or smelting result.

Article 17

(1) the LKM that accepts the mandatory merger reports the results of the implementation of the merger to OJK in accordance with the format in Appendix IX which is the part that does not It is separated from this OJK Regulation and is required to be attached to the document:

a. A copy of the LKM basic budget changes that receive a merge that has been passed, approved, or recorded by the agency in charge;

b. The organizational structure and management of the LKM, the Board of Directors, the Board of Commissioners, and the DPS as referred to in Section 5 of the letter b as well as the shareholders or LKM data that received the merge;

c. Financial position report and report LKM financial performance that accepts the merger; and

d. The LKM complete address that accepts the merge.

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(2) The results of the resulting smelter were required to report the results of the smelting to OJK in accordance with the format in Appendix X which is an inseparable part of this OJK Regulation and is required to be attached to the document:

A. The LKM base budget photocopy of the smelting results that have been authorized by the authorized instance;

b. The organizational structure and management of the LKM are smelting, the Board of Directors, the Board of Commissioners, and the DPS as referred to in Section 5 of the letter b as well as the shareholder data or members of the LKM smelting results;

c. Financial position report and LKM financial performance report is smelting; and

d. the full address of LKM smelter results.

(3) The report as referred to in paragraph (1) and paragraph (2) is mandatory at least 20 (twenty) business days after the date of the receipt, consent, or record change of the budget the base of the authorized instance.

(4) Based on the report as referred to in paragraph (1), OJK revoked the self-combining LKM venture permit.

(5) Based on the report as referred to in paragraph (2), OJK revoked the LKM business permit which conducts the Dissolution and publishes the LKM business permit results of the Dissolution.

Article 18

(1) The central office and branch offices of the LKM that combine it can be used as the LKM branch office the result of merging.

(2) One of the central offices of the immersed LKM can be used as the LKM headquarters results smelter.

(3) The central office and branch offices of the melting LKM can be used as the office of the LKM branch of the smelter.

Article 19

(1) LKMyang conducting business activities based on Syariah Principles can only be conducting a merger or smelting with one or more LKM doing business activities Based on the Syariah Principles.

(2) The provisions of the merger or dissolution as referred to in Article 15, Article 16, Article 17, and Article 18, mutatis mutandis apply to LKM conducting business activities based on the Syariah Principles.

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Article 20

The merger and smelting of the LKM are performed in accordance with the laws.

BAB VI

BRANCH OFFICE

Section 21

(1) The broad LKM coverage of its business area in the district/city may open a branch office within the scope of its business area by meeting the minimum provisions of solvency ratio and liquidity as set in the OJK Regulation regarding the implementation of the LKM business.

(2) The opening of the branch office as referred to in paragraph (1) is required to be OJK the slowest 20 (twenty) business days since the date of execution of the opening branch office in accordance with the format in Appendix XI which is a part of which are not separated from this OJK Regulation.

(3) The office opening of the branch office as referred to in paragraph (2), is lamped with:

a. Photocopies of the Cloud Service are not available for use with the IBM Cloud Service. proof of office mastery; and

c. organizational structure and personnel office personnel.

Section 22

(1) The closure of the LKM branch office is mandatory reported to OJK.

(2) The closing report of the branch office as referred to in paragraph (1), is delivered in accordance with the format in Appendix XII which is an inseparable part of this OJK Regulation, at least 20 (twenty) business days after branch office closure was implemented with the following:

a. Reason for closure; and

b. proof of completion of the rights and obligations of the LKM branch office to the storage, borrower and/or other parties.

BAB VII

TRANSFER OF OFFICE ADDRESS

Article 23

(1) The address of the address of the address of the office address is announced first to the community via a local daily newspaper or board

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The announcement in the LKM office, in an easy place known to the public, is most slowly 20 (twenty) business days prior to the transfer of the address of the office.

(2) The beauty of the address of the office address is reported by the Board of Directors. to OJK the slowest 20 (twenty) business days after the date of execution of change in accordance with the format in Appendix XIII which is an inseparable part of this OJK Regulation.

(3) The Report as referred to paragraph (2) It is attached to:

a. ict/City region.

(6) Mergers or smelters should pay attention to the provisions of the application as referred to in this Section 9 of the OJK Regulation.

Article 16

(1) To obtain the consent of the merger or smelter as contemplated in Article 15 paragraph (4), LKM Directors who will receive a merger or Directors of one of the LKM that will perform the smelter must apply to OJK according to the format in Annex VII or Annex VIII which is the part which is not separated from this OJK Regulation.

(2) the invocation as referred to in paKM as referred to in paragraph (1) is delivered to OJK, in accordance with the format in Appendix XV which is an inseparable part of this OJK Regulation with dilampiri:

A. the deed of the legal entity including the base budget following its changes as referred to in Section 5 of the paragraph (3) of the letter a;

b. The projected financial and financial performance reports of 4 (four) months starting from LKM perform operational activities for the first 2 (two) years as referred to in Section 5 paragraph (3) of the letter g 5);

c. Financial reports the most undermade annual financial position report and financial performance report for 2

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(two) last year;

d. report of the closing financial position and the opening financial position report of the LKM that will be cemued;

e. LKM financing performance during the last 2 (two) years; and

f. The data of the Board of Directors, the Board of Commissioners, DPS, shareholders or members, as referred to in Section 5 of the paragraph (3) of the letter b and c except the letter of the statement regarding capital deposits.

(3) The fulfilment of the specified capital provision or principal savings, the savings mandatory, and a grant for the request of a business permit via the reinstatement as LKM as referred to in paragraph (1) is calculated based on equity in the opening financial position report as referred to in paragraph (2) letter d.

(4) In terms of request for a business permit via the reinstatement as LKM delivered incomplete and/or not correct, at most 20 (twenty) working days after the request is received, OJK addresses the applicant to meet the requirements.

(5) OJK grants consent for the request of a business permit by reinstatement as LKM in the longest running of 40 (forty) days of work since the receipt is complete and correct.

Section 30

Bankdesa, Lumbung Village, Market Bank, Bank Employee, Village Credit Agency (BKD), Credit Agency Sub-district (BKK), Small People's Business Credit (KURK), Subdistrict creditor (LPK), Village Production Works (BKPD), Rural Credit Business Agency (BUKP), Baitul Maal wa Tamwil (BMT), Baitul Tamwil Muhammadiyah (BTM), and/or other institutions which are subject to that and have been confirmed to be the LKM as referred to in this Section 29 of the OJK Regulation, shall comply with the provisions referred to in Section 2 of the paragraph (2), Section 2 of the paragraph (3), Section 2 of the paragraph (4), Section 3, and Section 4 of the Regulation (2). The oJK is at most 5 (five) years after the date of the date as LKM from OJK.

BAB XIII

CLOSURE

Article 31

The OJK Regulation applies in effect on January 8, 2015.

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For everyone to know it, ordering the OJK Regulation invitational with its placement in the State Sheet of the Republic of Indonesia.

Set in Jakarta

on 31 October 2014

CHAIRMAN OF THE BOARD OF COMMISSIONERS

FINANCIAL SERVICES AUTHORITY,

MULIAMAN D. HADAD

promullated in Jakarta

on 11 November 2014

MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

YASONNAH. LAOLY

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(2) The request of a business permit via the reinstatement as Lyle="page-break-before:always; page-break-after:always">

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