Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 2 - Apr/May/Jun 2024
 

Navigating the Change in Share Ownership Reporting under OJK Regulation No. 4 of 2024

The Indonesia Financial Services Authority ("OJK") introduced OJK Regulation No. 4 of 2024 ("POJK 4/2024") in response to evolving regulatory needs, resulting in significant changes in reporting requirements for shareholders of public companies. Effective from 28 August 2024, this regulation shifts the focus from mere share count to calculating ownership based on valid voting rights, thus replacing OJK Regulation No. 11/POJK.04/2017. It mandates timely reporting within five business days of any changes in voting rights ownership exceeding 5%, whether through acquisition or inheritance. Additionally, POJK 4/2024 requires the disclosure of encumbrances on shares, a new measure aimed at protecting minority shareholders' interests and ensuring transparency in corporate governance.


Under POJK 4/2024, shareholders must submit detailed reports that include pre- and post-transaction voting rights percentages, transaction specifics, and relevant party details. Exemptions are provided for changes resulting from corporate actions such as share buybacks or capital increases, promoting flexibility within regulatory compliance. Anticipated future enhancements, like an electronic reporting system, aim to further streamline reporting processes. Overall, POJK 4/2024 represents a significant stride toward strengthening Indonesia's financial sector integrity. By enhancing market transparency and safeguarding investor confidence through stringent yet adaptable regulatory measures, this regulation ensures that the country's capital market remains robust and well-regulated.


For more information, click here to read our Legal Update.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Assegaf Hamzah & Partners
Jakarta Office
Level 36 & 37, Capital Place
Jalan Jenderal Gatot Subroto Kav 18
Jakarta 12710, Indonesia

Surabaya Office
Pakuwon Center, Superblok Tunjungan City
Lantai 11, Unit 08
Jalan Embong Malang No. 1, 3, 5,
Surabaya 60261, Indonesia
http://id.rajahtannasia.com


Contacts:

Ibrahim Sjarief Assegaf
Managing Partner
D +62 21 2555 7800
F +62 21 2555 7899
ibrahim.assegaf@ahp.co.id

Ahmad Fikri Assegaf
Senior Partner/Co-Founder
D +62 21 2555 7800
F +62 21 2555 7899
ahmad.assegaf@ahp.co.id

Bono Daru Adji
Senior Partner
D +62 21 2555 7800
F +62 21 2555 7899
bono.adji@ahp.co.id

Chandra M Hamzah
Partner
D +62 21 2555 7800
F +62 21 2555 7899
chandra.hamzah@ahp.co.id


Rajah & Tann Singapore LLP


Contacts:

Hamidul Haq
Partner
D +65 62320398
hamidul.haq@rajahtann.com

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