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Company Share Transfer Form

Company Share Transfer Form Template for Indonesia

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Key Requirements PROMPT example:

Company Share Transfer Form

"I need a Company Share Transfer Form for transferring 1,000 ordinary shares in PT Tech Solutions from an individual shareholder to a Singapore-based corporation, with completion planned for March 15, 2025, including specific provisions for foreign ownership compliance."

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Document background
The Company Share Transfer Form is a crucial document in Indonesian corporate transactions, used whenever ownership of company shares needs to be transferred between parties. This document is essential for maintaining proper corporate records and ensuring compliance with Indonesian Law No. 40 of 2007 on Limited Liability Companies. It is commonly used in various scenarios including business acquisitions, corporate restructuring, succession planning, or investment transactions. The form must contain specific information required by Indonesian law, including detailed party information, share specifications, consideration amount, and necessary approvals. It serves as official evidence of the transfer and forms part of the company's statutory records. Special considerations apply when the transfer involves foreign investors, listed companies, or regulated industries, where additional regulatory requirements may need to be met.
Suggested Sections

1. Parties: Details of the Transferor (selling shareholder) and Transferee (purchasing shareholder), including their complete legal names, addresses, and company registration numbers if applicable

2. Background: Brief context about the company whose shares are being transferred, including its registration details and current shareholding structure

3. Definitions: Key terms used in the document, including 'Shares', 'Transfer Date', 'Purchase Price', and other relevant terminology

4. Details of Transfer: Specific information about the shares being transferred, including number of shares, class of shares, and nominal value

5. Consideration: Details of the purchase price and payment terms for the share transfer

6. Transfer Date: The effective date of the share transfer and completion mechanics

7. Transferor's Warranties: Declarations by the transferor regarding ownership, authority to sell, and absence of encumbrances on the shares

8. Board Approval: Confirmation of the company's board of directors' approval for the share transfer

9. Execution: Signature blocks for all parties, including witnesses and company seal requirements

Optional Sections

1. Foreign Investment Compliance: Required when the transferee is a foreign entity, detailing compliance with Indonesian foreign investment regulations

2. Spousal Consent: Required when the transferor is an individual and married, as per Indonesian matrimonial property laws

3. Tax Indemnity: Optional section dealing with tax liabilities and indemnities related to the share transfer

4. Right of First Refusal Waiver: Required if other shareholders have pre-emptive rights under the company's articles of association

5. Regulatory Approvals: Required for regulated industries or when specific regulatory clearances are needed

6. Anti-Money Laundering Declarations: Required for high-value transfers or when required by applicable regulations

Suggested Schedules

1. Share Certificate Details: Copy or details of the existing share certificate(s) being transferred

2. Board Resolution: Copy of the board resolution approving the share transfer

3. Company Information: Extract of company registration details and shareholding structure

4. Payment Evidence: Proof of payment or payment arrangements for the share transfer

5. Regulatory Approvals: Copies of any required regulatory approvals or permits

6. Power of Attorney: If applicable, authorization documents for representatives executing the transfer

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Articles of Association
Board of Directors
Business Day
Company
Completion
Completion Date
Consideration
Deed of Transfer
Encumbrance
Executing Officers
Existing Shareholders
Government Authority
Indonesian Law
Material Adverse Change
Notarial Deed
Parties
Purchase Price
Regulatory Approvals
Related Parties
Relevant Documents
Share Certificate
Shareholders Register
Shares
Signing Date
Transfer
Transfer Date
Transferee
Transferor
Transaction Documents
Warranties
Relevant Industries

Financial Services

Manufacturing

Technology

Real Estate

Mining

Agriculture

Retail

Telecommunications

Healthcare

Energy

Transportation

Construction

Professional Services

Education

Hospitality

Relevant Teams

Legal

Finance

Compliance

Corporate Secretariat

Risk Management

Investment

Corporate Affairs

Shareholder Relations

Corporate Governance

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Secretary

Legal Counsel

Corporate Lawyer

Compliance Officer

Finance Director

Investment Manager

Board Director

Managing Director

Shareholder Relations Manager

Corporate Governance Officer

Legal Director

Investment Analyst

Business Development Manager

Risk Manager

Industries
Law No. 40 of 2007 on Limited Liability Companies: The primary Indonesian company law that governs corporate actions including share transfers, shareholder rights, and company obligations
Government Regulation No. 29 of 2016: Regulation concerning changes in capital ownership of companies, including procedures for share transfers and reporting requirements
Law No. 25 of 2007 on Investment: Regulates foreign investment and ownership limitations in Indonesian companies, affecting share transfers to foreign entities
BKPM Regulation 4/2021: Investment Coordinating Board regulation on guidelines for foreign investment, including share transfer procedures involving foreign parties
Law No. 36 of 2008 on Income Tax: Contains provisions on tax obligations arising from share transfers, including capital gains tax considerations
OJK Regulation No. 42/POJK.04/2020: Financial Services Authority regulation on affiliated transactions and material transactions, relevant for share transfers in public companies
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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