Business Affidavit Template for Indonesia
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What is a Business Affidavit?
A Business Affidavit serves as a crucial legal instrument in Indonesian business operations, providing a formal means of making sworn statements that carry legal weight. This document type is commonly required when businesses need to make official declarations to government authorities, financial institutions, or other business entities. The Business Affidavit must comply with Indonesian legal requirements, including proper notarization and authentication under Law No. 30 of 2004 on Notary Position. It is particularly valuable in situations requiring verified company information, confirmation of business facts, or official declarations for regulatory compliance. The document typically includes detailed information about the business entity, the deponent's authority, and specific sworn statements relevant to the intended purpose.
About the Business Affidavit
A Business Affidavit is a sworn legal document that allows you to make formal declarations on behalf of your business entity under Indonesian law. This document carries significant legal weight and must comply with strict requirements under the Indonesian Civil Code and Law No. 30 of 2004 on Notary Position. When properly executed, it provides official verification of business facts and serves as a binding legal statement that can be relied upon by government authorities, financial institutions, and other parties.
When do you need this document?
You'll need a Business Affidavit in various corporate and regulatory situations in Indonesia. Financial institutions often require affidavits when processing business loans or opening corporate accounts to verify company information and authorized signatories. Government agencies may request affidavits during licensing procedures, tax compliance processes, or regulatory submissions. Courts and legal proceedings frequently require sworn business statements to establish facts about corporate operations, ownership structures, or financial positions. Additionally, business transactions such as mergers, acquisitions, or partnership agreements may necessitate affidavits to confirm specific business conditions or representations.
Key legal considerations
The deponent making the affidavit must have proper authority to represent the business entity, which should be clearly established through corporate resolutions or power of attorney documentation. The affidavit must contain accurate and truthful statements, as false declarations can result in perjury charges under Indonesian criminal law. All business information included must be current and verifiable, including company registration details, authorized representatives, and specific facts being sworn to. The document should clearly state the purpose and scope of the declarations to avoid ambiguity. Corporate seals and signatures must be applied according to the company's articles of association and Indonesian corporate law requirements under Law No. 40 of 2007 on Limited Liability Companies.
Legal requirements in Indonesia
Indonesian law requires Business Affidavits to be notarized by a licensed Indonesian notary (Notaris) to achieve legal validity under Law No. 30 of 2004. The document must be prepared in Indonesian language or include certified translations as mandated by Law No. 24 of 2009 on National Flag, Language, Emblem and Anthem. Supreme Court Regulation No. 1 of 2016 establishes specific formatting and content requirements that must be followed for court acceptance. The affidavit must include complete identification of the deponent, detailed business entity information including registration numbers, and clear statements of the facts being sworn to. Witnesses may be required depending on the specific use case and receiving authority requirements. The notarization process must follow proper Indonesian procedures, including verification of the deponent's identity and authority to act on behalf of the business entity.
GOVERNING LAW
Applicable law
This Business Affidavit is drafted to comply with Indonesia law. Key legislation includes:
Law No. 30 of 2004 on Notary Position (Undang-Undang Jabatan Notaris): Regulates notary services and the authentication of legal documents including affidavits in Indonesia
Law No. 40 of 2007 on Limited Liability Companies: Governs business entities and corporate documentation requirements, relevant when the affidavit relates to business matters
Supreme Court Regulation No. 1 of 2016: Provides guidelines on court procedures and legal documentation requirements, including the format and validity of affidavits
Law No. 24 of 2009 on National Flag, Language, Emblem and Anthem: Requires official documents to be in Indonesian language, though translations can be made for international use
Government Regulation No. 43 of 2011: Regulates procedures for document legalization and authentication, including requirements for official stamps and signatures
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