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CORPORATE MATTERS

CORPORATE LEGAL MATTERS

Running a business especially in Indonesia is very challenging. Because it not only needs business skill but also sensitivity to comply with law and regulations related to corporations which are changing dynamically. Issues related to corporation and legal are called as Corporate Legal Matters.

Further, Corporate Legal Matters are a set of obligations that should be fulfilled by a company including its shareholders, Board of Directors and Board of Commissioners. Basically, things related to Corporate Legal Matters are regulated by Law No. 40 of 2007 concerning

Limited Liability Company (“Company Law”) and then is elaborated on respective industries regulations.

Company Law contains imperative and non-imperative provisions to establish and manage a company properly. In regard to company establishment, Company Law requires a certain minimum capital and minister approval. In managing a company, the Company Law provides a set of guidance to record company’s documents, conduct annual and extraordinary meeting and reporting obligation. Further, Company Law also determines the procedures how to conduct corporate actions such as merger, acquisitions, spin-off, and so on.

Fail to adhere with those set of provisions and guidance will damage the company. Because the company will be imposed with several sanctions ranging from admonition to company dissolution.

THE FUTURE

Realization of BP Lawyers’s clients’ objective is the foremost consideration. BP Lawyers’s people are all experienced and dedicated to the full achievement of our clients’ objectives by assisting clients to find their main goals, providing active advisory assistance, strategy advisement, and creative support with quick responses around the clock.

With recognition of entrepreneurial spirit, and high standards of service and ethics, we have been very successful in providing timely and cost-effective representation of our clients. We also believe that complicated legal issues may not always demand complicated solutions, but they certainly demand creativity and the cooperation of lawyers mastering different areas of the law.

INVOLVEMENT INCORPORATE LEGAL MATTERS

BP Lawyers has longstanding experience and expertise in all aspect of the Corporate Legal Matter. We have been retained by numerous multinational and domestic companies to assist their Corporate Legal Matters needs, such as

  • PT Telekomunikasi Seluler (Telkomsel);
  • PT VFS-Services Indonesia
  • PT Chaswood Resources BB
  • PT Yokee Food Indonesia
  • K-Swiss International Manufacturing
  • PT Dyna Pack Indonesia.
  • PT Qoloni Habitat Baru (qoloni.com)
  • PT Agranet Multicitra Siberkom (detik.com)
  • PT Adicipta Inovasi Teknologi (AdIns)
  • PT Neslink Idea Intervisi (saqina.com)
  • PT Katapedia Indonesia

RECENT EXPERIENCE IN THE ARBITRATION AND COMMERCIAL DISPUTES

  1. Representing IT companies in establishing a new company.
  1. Representing trading companies in arranging debts and share pledge.
  1. Preparing shareholders agreements.
  1. Preparing Conditional Sale and Purchase Agreements regarding Acquisition.
  1. Reviewing cooperation agreements
  1. Preparing privacy policy and term of use
  1. Advising clients to mitigate the risk on their new business plan
  1. Advising clients in legal compliance for their business strategy

FEE STRUCTURES

A. HOURLY FEE SYSTEM

This is the most common method by which our office charges fees to clients. Under this system we charge clients for the actual time spent by our lawyers that are assigned to the case. Currently the hourly charges of our lawyers are:

 TITLE
RATE
 Partner  Ranging From IDR 3,000,000/Hour
 Associate   Ranging From IDR 2,000,000 to IDR 2,500,000/Hour

 

By this method, we will charge clients monthly in arrear (except that for new clients, we normally require a deposit, the amount of which would depend on the case).

 

B. PROJECT FEE SYSTEM

This system would be beneficial to the client for transactions that are normally standard and can be readily quantifiable. In this system we would quote a lump sum fee (IDR 100,000,000 – 1,000,000,000) for the whole project with details of the scope of works covered. Any work beyond the scope of work or time beyond a capped limit would be charged separately. In order to set on appropriate lump sum fee, we would firstly have to know the scope of work required by the client.

 

C. RETAINER FEE SYSTEM

In this system the client pays  us  a  fixed  retainer  monthly/annually,  which will allow the client to utilize our services up to a pre-set time limit during the retainer period. Any time beyond the set limit will be charged additionally based on the applicable hourly fees of the lawyers handling the case (however with a pre-agreed discount). This system will provide the client with  substantial  savings  if we  are  utilized effectively.

More details for of the retainer arrangement will be set  forth  in  the  retainer agreement.

Please note that all the fee systems above require the client to pay out-of- pocket expenses (e.g. traveling, long distance calls, photocopies, faxes, etc.).

We believe our experience and expertise in this area of law will support  each client’s objectives of achieving the best possible outcome, whether it be precautionary of any business interruption or seeking first step of remedies for avoiding litigation case.

If you would like additional information or about the Firm, please contact us (+62 821 1234-1235, email: ask@bplawyers.co.id