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Considering:
a. that for the purpose of improving the quality and professionalism of Investment Managers, it has been
deemed necessary to have a mechanism to ensure that Investment Managers has the ability to
perform their duties and functions well, in order to realize capital market which is orderly, proper, and
efficient;
b. That Investment Managers have different business characteristics compared to Securities Brokers and
Securities Underwriters, so that it is necessary to have specific rules for Investment Managers,
specifically Licensing for Securities Companies which Conduct Business Activity as Investment
Managers;
c. That based on the consideration as referred to in letter a and letter b, it has been deemed necessary
to establish Decree of the Head of Capital Market and Financial Institutions Supervisory Agency on
Licensing for Securities Companies which Conduct Business Activity as Investment Managers;
Observing:
1. Law Number 8 of 1995 on Capital Market (State Gazette of the Republic of Indonesia of 1995 Number
64, Supplement to the State Gazette of the Republic of Indonesia Number 3608);
2. Regulation of the Government Number 45 of 1995 on Implementation of Activities in Capital Market
Sector (State Gazette of the Republic of Indonesia of 1995 Number 86, Supplement to the State
Gazette of the Republic of Indonesia Number 3617) as amended by Regulation of the Government
Number 12 of 2004 (State Gazette of the Republic of Indonesia of 2004 Number 27, Supplement to
the State Gazette of the Republic of Indonesia Number 4372);
3. Regulation of the Government Number 46 of 1995 on Procedures for the Examination in Capital
Market Sector (State Gazette of the Republic of Indonesia of 1995 Number 87, Supplement to the
State Gazette of the Republic of Indonesia Number 3618);
4. Decree of the President of the Republic of Indonesia Number 45/M of 2006;
HAS DECIDED:
To establish:
DECREE OF THE HEAD OF CAPITAL MARKET AND FINANCIAL INSTITUTIONS SUPERVISORY
AGENCY ON LICENSING FOR SECURITIES COMPANIES WHICH CONDUCT BUSINESS ACTIVITY AS
INVESTMENT MANAGERS
Article 1
The provisions on Licensing for Securities Companies which Conduct Business Activity as Investment
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Article 2
(1) Securities Companies which have owned business license as Investment Manager prior to the
enforcement of this Decree, must adjust with the provisions set in Rule Number V.A.3 of Appendix to
this Decree within one year at the latest since the enforcement of this Decree.
(2) The one-year-period as referred to in paragraph (1) does not apply for:
a. The provision in Rule Number V.A.3 of Appendix to this Decree which is substantially equal with
the provision which is regulated in Rule Number V.A.1 on Licensing for Securities Companies;
and
b. Provision number 1 letter c of Rule Number V.A.3 of Appendix to this Decree.
Article 3
(1) Investment Managers who during the enforcement of this Decree is conducting:
a. Customer fund management based on bilateral and individual fund management agreement
however not all of them is managed in Securities Portfolio; and/or
b. Customer fund management based on bilateral and individual fund management however such
customer fund is managed in one investment portfolio for the benefit of a group of customer,
must adjust with the provision number 1 letter c of Rule Number V.A.3 appendix to this Decree
until termination of agreement period as referred to in letter a and/or letter b or within 2 (two)
years at the latest since the enforcement of this Decree, whichever terminates first.
(2) Agreement as referred to in paragraph (1) letter a and letter b which its period has terminated may be
extended insofar that it is in accordance with the provision number 1 letter c of Rule Number V.A.3 of
the appendix to this Decree.
(3) Since the enforcement of this Decree, Investment Manager is prohibited to draw up a new agreement
which is not in accordance with the provision number 1 letter c of Rule Number V.A.3 of the appendix
to this Decree.
Article 4
With the enforcement of this Decree, all provision in Rule Number V.A.1 on Licensing for Securities
Companies insofar that it is related with Securities Companies which conduct business activity as Investment
Manager, is declared invalid for Investment Managers.
Article 5
This Decree comes into force from the date of its promulgation.
Established in Jakarta,
On 31 December 2009
THE HEAD OF CAPITAL MARKET AND FINANCIAL INSTITUTIONS SUPERVISORY AGENCY,
Signed.
A. FUAD RAHMANY
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NIP 060063058
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APPENDIX TO
DECREE OF THE HEAD OF BAPEPAM AND LK
NUMBER KEP-479/BL/2009 OF 2009
1. GENERAL PROVISIONS
a. Investment Manager is Investment Manager as referred to in Law Number 8 of 1995 on Capital
Market.
b. Parties who may conduct business activity as Investment Manager are Securities Companies
which have obtained a business license as Investment Manager from Bapepam and LK.
c. Investment Manager may conduct business activity in the form of:
1) Management of Securities portfolio for the benefit of a certain customer based on bilateral
and individual fund management agreement which is drawn up in accordance with
regulation of Bapepam and LK;
2) Management of collective investment portfolio for the benefit of a group of customers
through products which are regulated in regulation of Bapepam and LK; and/or
3) Other activity in accordance with the provision which is regulated by Bapepam and LK.
d. Investment Manager who does not own business license as Investment Advisor may conduct
activity as Investment Advisor, insofar that they do not collect fees for advice on Securities sales
or purchase which is provided for its customer.
2. CONTROLLER AND SHAREHOLDERS
a. Investment Manager is prohibited to be controlled, both directly or indirectly by individual who:
1) Has committed a disgraceful act and/or punished due to proven to commit a criminal act
in the financial sector;
2) Does not have a good character and moral;
b. Controller and shareholders of Investment Manager must fulfill the following requirements:
1) Integrity requirement, which consists of:
a) Has never been committed a disgraceful act and/or is punished due to proven to
commit a criminal act in the financial sector;
b) Has a good character and moral;
c) Has high commitment to comply with prevailing laws and regulations; and
d) Has high commitment towards the sound development of Investment Manager
operational; and
2) Financial feasibility requirement, which consists of:
a) Financial capability;
b) Has never been declared bankrupt; and
c) Has never become a manager or supervisor of a company which based on the
decision of the General Meeting of the Shareholders (Rapat Umum Pemegang
Saham/RUPS) or other organs which are equivalent to RUPS, is declared to be
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job which consists of the name of the position, reasons for quitting or resigning, as
well as a brief description of duties and responsibilities of the position;
b) Copy of the most recent formal education certificate and/or birth certificate;
c) Copy of individual license as Securities Company Representative and/or Mutual
Funds Sales Agents Representative (if any);
d) Copy of valid Identity Card or Passport; and
e) Most recent passport photo in 4x6 cm for 2 (two) pieces;
7) List of names and data of shareholders, consists of:
a) Individual, consists of:
(1) Curriculum vitae which are signed by the relevant person;
(2) Copy of valid Identity Card or Passport;
(3) Most recent passport photo in 4x6 cm for 2 (two) pieces; and
(4) Documents which show the financial condition, namely SPT, bank statement
or list of other assets;
b) Legal entity, consists of:
(1) Copy of deed of establishment of the legal entity which has been validated
by the authorized institution, along with the recent amendment to Deed of
Establishment which has obtained approval from the authorized institution or
has been issued the notification of an amendment to Deed of Establishment
from the authorized institution;
(2) Copy of proof of ownership of Taxpayers Identification Number (NPWP) for
Indonesian legal entity;
(3) Statement on the Party who controls the legal entity, both directly or
indirectly, which consists of name and form of controlling;
(4) Most recent financial statement of the legal entity which has been audited;
(5) List of names and data of members of the board of directors, members of the
board of commissioners, and/or management, consist of:
(a) Curriculum vitae which have been signed;
(b) Copy of valid Identity Card/Passport; and
(c) Most recent passport photo in 4x6 cm for 2 (two) pieces;
(6) List of names and data of the shareholders:
(a) Individual consists of:
i. Curriculum vitae which have been signed;
ii. Copy of valid Identity Card/Passport;
iii. Most recent passport photo in 4x6 cm for 2 (two) pieces; and
iv. Documents which show the financial condition namely SPT,
bank statement or list of other assets;
(b) Legal entity consists of:
i. Copy of the most recent Deed of Establishment; and
ii. Copy of the most recent financial statement;
(7) Affidavit and/or other proof from the authorized institution in Capital Market
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sector in the relevant country which shows that the company is in its
supervision, for a foreign legal entity which has business activity as
securities company;
(8) Affidavit and/or other proof from the authorized institution in the financial
sector in the relevant country which shows that the company is in its
supervision, for a foreign legal entity which has business activity as a
financial company;
8) In the event of Investment Manager is an Issuer or a Public Company, the obligation as
referred to in letter b point 7) shall only cover the controlling shareholders and
shareholders who own 20% (twenty percent) or more than the shares of such Investment
Manager.
9) Affidavit on Party who controls Investment Manager, both directly or indirectly, which
consists of namely name and form of control;
10) Copy of Foreign Worker Recruitment Permit (Izin Mempekerjakan Tenaga Asing/IMTA) or
Foreign Worker Work Permit (Izin Kerja Tenaga Asing/IKTA) for foreigners, from the
authorized institution in accordance with the prevailing laws and regulations;
11) Copy of Temporary Residence Permit (Kartu Izin Tinggal Sementara/KITAS) or
Permanent Residence Permit (Kartu Izin Tinggal Tetap/KITAP) for Securities Company
which has a foreigner in the board of directors;
12) Most recent financial statement which is audited by Accountant who is registered in
Bapepam and LK.
The period between the date of the most recent financial statement which is audited by
Accountant with the date of granting of a business license for Investment Manager shall
be no longer than 90 (ninety) days;
13) Copy of joint business agreement for joint Investment Manager;
14) Bank statement;
15) Proof of capital deposit;
16) Adjusted Net Capital in accordance with Regulation of the Bapepam Number V.D.5 on
Maintenance and Reporting of Adjusted Net Capital;
17) An affidavit from the party who controls the Investment Manager, both directly or
indirectly, which stated that the relevant person:
a) Has never committed a disgraceful act and/or is punished due to proven in
committing a criminal act in the financial sector;
b) Has good character and moral;
c) Has a high commitment to comply with the prevailing laws and regulations;
d) Has a high commitment towards the sound development of Investment Manager
operational;
e) Has never been declared bankrupt; or has never become a manager or supervisor
of a company which is based on the decision of General Meeting of Shareholders
(RUPS) or other organ is equivalent to RUPS, is declared responsible for company
bankruptcy, if such controller is an individual; and
f) Does not serve as a manager or supervisor of a company when such company is
declared bankrupt, unless the relevant person is able to prove the fulfillment of
provision of Article 104 paragraph (4) of Law on Limited Liability Company, if such
controller is an individual;
In accordance with Form Number: V.A.3-4 of appendix 4 to this regulation;
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18) In the event of Investment Manager has a status as an Issuer or a Public Company,
obligation as referred to in point 17) only binds the controlling shareholders and
shareholders who own 20% (twenty percent) or more of the shares of such Investment
manager;
19) Affidavit of the member of the board of directors and member of the board of
commissioner of Investment Manager which stated the fulfillment of the following
requirements:
a) Able to conduct legal act;
b) Has never been declared bankrupt or become director or commissioner who is
found guilty in causing a company to be declared bankrupt;
c) Has never become a manager or supervisor of a company which is based on the
General Meeting of Shareholders (RUPS) or decision of another organ which is
equivalent to RUPS, is declared to be responsible for company bankruptcy;
d) Does not serve as a manager or supervisor of a company when such company is
declared bankrupt, unless the relevant person is able to prove the fulfillment of
provision of Article 104 paragraph (4) of Law Number 40 of 2007 on Limited
Liability Company;
e) Has never committed a disgraceful act or punished due to proven to commit a
criminal act in the financial sector;
f) Has good character and moral;
g) Has a high commitment to comply with the prevailing laws and regulations; and
h) Has a high commitment towards the sound development of Investment Manager
Operational;
In accordance with Form Number: V.A.3-5 of appendix 5 to this regulation;
20) Affidavit of members of board of directors which stated that the Investment Manager is
fully responsible, including financially for every measures which are related to Securities
which are conducted on behalf of Investment Manager by director, Investment Manager
Representative, officer, and other Party who works for such Investment Manager, in
accordance with Form Number: V.A.3-6 of appendix 6 to this regulation;
21) Affidavit of members of board of directors which stated that starting from the issuance
date of business license for Securities Company as Investment Manager and as long as
becoming board of directors of Investment Manager, the relevant person does not have
interlocking directorate in other company, unless interlocking directorate which is possible
in this Regulation, in accordance with Form Number: V.A.3-7 of appendix 7 to this rule;
22) Affidavit of members of board of commissioners which stated that starting from the
issuance date of business license for Securities Company as Investment Manager and as
long as becoming commissioner, the relevant person does not have interlocking
directorate as members of the board of commissioners in other Securities Company, in
accordance with Form Number: V.A.3-7 of appendix 7 to this rule;
23) Affidavit of members of board of directors and members of board of commissioner which
stated that the relevant person has or does not have familial relationship due to marriage
and descent until the second degree, both horizontally or vertically, with the members of
board of directors or members of board of commissioner in the relevant Investment
Manager, in accordance with Form Number: V.A.3-8 of appendix 8 to this regulation;
24) Affidavit of members of board of directors and members of board of commissioner which
stated that the relevant person has or does not have familial relationship due to marriage
and descent until second degree, both horizontally or vertically, with members of board of
directors or members of board of commissioners in other Securities Companies or Public
Companies or Issuer which its Securities is registered in Stock Exchange, in accordance
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passed;
2) The company is proven to commit a criminal act as referred to in Law Number 8 of 1995
on Capital Market.
8. In the event of business license of Securities Company is revoked, for reasons as referred to in
number 7 letter a point 1) and point 2) and resulting in such Securities Company no longer has
Securities Company license, both as Securities Underwriters, Securities Brokers and Investment
Manager, therefore such Securities Company is prohibited from utilizing name and logo of the
company for any urposes and activities whatsoever, other than for activities which are related to
dissolving of such company,
9. Notwithstanding any criminal sanctions in the Capital Market sector, Bapepam and LK may impose
sanctions on any Party who violate the provision in this regulation including the Party which causes
such violation.
Established in Jakarta,
On 31 December 2009
HEAD OF CAPITAL MARKET AND FINANCIAL INSTITUTION SUPERVISORY AGENCY,
Signed.
A. FUAD RAHMANY
NIP 060063058
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