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Regulation Of The Financial Services Authority Number 38/pojk. 04/2014 2014

Original Language Title: Peraturan Otoritas Jasa Keuangan Nomor 38/POJK.04/2014 Tahun 2014

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used as a deposit and the kefrying of the stock ' s top-deposit transactions in other forms other than money.

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2014, No. 3955

BAB III

OPENNESS OF INFORMATION

Section 6

(1) Open company that adds capital without giving HMETD to shareholders as referred to in Article 2 of the paragraph (1) is required to announce information about the addition of capital without giving HMETD to shareholders in conjunction with the announcement of RUPS by meeting the most underloading Principles of Openness:

a. reasons and the purpose of capital addition without giving HMETD;

b. estimated execution period (if any);

c. plan for use of the capital addition fund without giving HMETD (if it has been predetermined);

d. analysis and management discussions on the financial condition of the Open Company prior to and after the addition of capital without giving HMETD;

e. risk or impact of adding capital without giving HMETD to shareholders including a dilums;

f. description in the table form about the details of the stock capital structure before and after the addition of capital without giving HMETD the most less encompass:

1. basic capital, placed capital and full dictor and information regarding the number of shares, the nominal value, and the number of nominal values;

2. details of shareownership by shareholders who have 5% (five percent) or more, directors, and commissioners covering information on behalf, the number of shareholdings, the number of nominal values, and the percentage of its shareholdings;

3. stock in deposits (portepel), which includes information regarding the number of shares and nominal values; and

4. proforma stock capital if the Effect is conditioned (if any); and

g. The description of the financier (if any) includes any or no Affiliates with the Open Company.

(2) In terms of addition of the Open Company capital without giving HMETD used for debt softening and/or

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Open Company debt conversion, in addition to the information disclosure requirements as referred to in paragraph (1), Open Enterprise is required to add information in the announcement of:

a. history of debt to be repaid; and

b. use of funds on debts that will be repaid and/or converted.

(3) In terms of the financier doing the addition of a capital without HMETD is the affiliated party, in addition to the terms of disclosure of the information as referred to in paragraph (1), Open Companies are required to add information in the announcement to:

a. Affiliate Relationship Properties; and

b. explanation, consideration, and reason for the addition of a capital without HMETD by financiers who are the affiliated parties compared to when done not by affiliated parties.

(4) In terms of addition of the Open Company capital without providing HMETD resulting in control changes referred to in the Financial Services Authority Regulation which governs the Takeover Of Open Enterprise by a new controller, other than the requirements of the IBM Cloud Service. Openness of information as referred to in paragraph (1), Open Company required to add information in an announcement regarding the new controller candidate:

a. name;

b. address;

c. citizenship;

d. the owner of the benefit (if any); and

e. Its Afilic relationship with the Open Company (if any).

(5) In terms of addition of the Open Company capital without providing HMETD resulting in control changes as referred to in the Financial Services Authority Regulation governing the Takeover Of Open Enterprise by controller A new party other than an individual, in addition to the information openness requirements as referred to in paragraph (1), the Open Company is required to add information in an announcement regarding the new controller candidate:

a. Party name;

b. Domicile address or central office address;

c. field of business;

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2014, No. 3957

d. the form of the Party's laws;

e. Administrator and/or supervisor arrangement;

f. application structure;

g. the owner of the benefit; and

h. Its Afilic relationship with the Open Company (if any).

Section 7

In terms of addition of the Open Company capital without giving HMETD to be performed in order to improve the Open Company ' s financial position as referred to in Article 3, in addition to the requirements of disclosure of information as referred to in Article 6, the Open Company is required to add information in the announcement of:

a. a description of the creditors agreeing to and will participate in the restructuring of the Open Company debt;

b. the terms and conditions of the debt restructuring;

c. the share price at the time of the Implementation Of Capital Additions; and

d. Explanation of the accounts that cause the Open Company's financial position to be subject to the conditions referred to in Section 3.

Article 8

(1) The announcement as referred to in Section 6 and Section 7 is required to be most understated through:

a. 1 (one) the national circulation daily newspaper or the Stock Exchange web site; and

b. Enterprise Open Web site.

(2) The evidence of the announcement as referred to in paragraph (1) the letter of a mandatory is delivered to the Financial Conduct Authority 2 (two) business days after the announcement is intended.

Article 9

(1) Information as referred to in Section 6 and Section 7 and its supporting documents are required to deliver the Open Company to the Financial Services Authority in the form of printed documents and electronic copies of the supporting documents referred to concurrently with the announcement RUPS.

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2014, No. 395 8

(2) The information and its supporting documents as referred to in verse (1) must be available to shareholders since the announcement of RUPS up to the implementation of the RUPS.

Article 10

(1) The Open Company is required to announce to the shareholders and deliver to the Financial Services Authority changes and/or additional information as referred to in Section 6 and Section 7 of the slowest 2 (two) business days before the execution of RUPS.

(2) The announcement as referred to in paragraph (1) is mandatory at least through:

a. 1 (one) the national circulation daily newspaper or the Stock Exchange web site; and

b. Enterprise Open Web site.

(3) The evidence of the announcement as referred to in paragraph (2) the letter of a manragraph (1) the letter b can only be performed at most 10% (ten percent) of the paid capital at the time of the RUPS announcement regarding the addition of the Open Company capital without giving HMETD in the framework of the intended Stock Entitlement Program, minus the amount of increased capital of the Open Company without giving HMETD as intended for the (1) letter of an unimplemented letter.

Section 5

(1) The top of the shares in other forms other than money can only be done in the addition of the Open Company capital without giving HMETD for purposes as referred to in Article 4 of the paragraph (1).

(2) The top of the stock in other forms other than money as referred to in paragraph (1) is required to meet the requirements as follows:

a. directly related to the Open Company ' s needs; and

b. use the Assessor to determine the reasonable value of other forms other than the money