Best Corporate Governance Lawyers in Gresik

What corporate governance work looks like for Gresik companies

In Gresik, corporate governance advice often concerns limited liability companies (PTs) operating in manufacturing, logistics, construction, and industrial supply chains. Companies based in or serving industrial areas such as Manyar may need clear rules for shareholder decisions, director authority, related-party transactions, and compliance responsibilities.

Indonesian company law assigns distinct roles to the general meeting of shareholders (RUPS), the board of directors, and the board of commissioners. A lawyer can review a company’s articles of association, decision-making records, reporting practices, and internal controls, then advise on changes or disputes under Indonesian law.

Corporate governance advice is separate from notarial work. A notary prepares authentic deeds for many company changes, while a lawyer can advise on legal risks, shareholder rights, directors’ duties, negotiations, and dispute strategy.

When a Gresik business may need a lawyer

• Shareholder disagreements: Owners of a family-run PT disagree over dividends, voting rights, or who controls the business. Legal advice can clarify the articles, shareholder agreements, and available remedies.

• Changes in company leadership: A Gresik manufacturer needs to appoint or remove directors or commissioners, but shareholders dispute the process or the company’s records are incomplete. Counsel can check the required resolutions and related filings.

• Industrial investment or a joint venture: A local company is bringing in an investor, supplier, or strategic partner for a project in Manyar or another industrial area. Advice can help define decision rights, reserved matters, reporting duties, and exit terms.

• Concerns about management conduct: Shareholders suspect company assets or contracts are being used for a director’s personal benefit. A lawyer can advise on document preservation, internal review, disclosure duties, and possible claims.

• Regulatory or permit-related decisions: A company’s ownership or management changes while it holds business licences or operates in a regulated sector. Counsel can help identify which company records and licensing details may need updating.

• Preparation for a sale, financing, or dispute: A lender, investor, buyer, or opposing shareholder questions the validity of past company decisions. A governance review can identify missing resolutions, inconsistent records, or other legal risks.

Indonesian laws relevant to companies in Gresik

• Law No. 40 of 2007 on Limited Liability Companies sets out company organs, shareholder meetings, directors’ and commissioners’ responsibilities, and company reporting. It has been amended, including through Law No. 6 of 2023.

• Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law was enacted on 31 March 2023. It amended provisions across several laws, including parts of the company and investment frameworks; the relevant rules depend on the company’s circumstances.

• Financial Services Authority Regulation No. 21/POJK.04/2015 on the Implementation of Guidelines on the Corporate Governance of Public Companies applies to public companies, not every privately held PT. It was issued in 2015 and took effect on 17 December 2015.

Frequently asked questions

What does corporate governance mean for an Indonesian PT?

It covers how shareholders, directors, and commissioners make decisions and oversee the company under Indonesian law and its articles of association. It also includes reliable records, financial reporting, and controls suited to the company’s business.

When should a Gresik company seek a lawyer?

Consider legal advice before a major ownership change, management appointment, investment, or disputed shareholder decision. Early review can help identify required approvals and reduce the risk of decisions being challenged later.

Does every company need a corporate governance lawyer?

No. A small PT may handle routine decisions with appropriate internal procedures and notarial support when required. Legal advice becomes more useful when ownership is divided, the business is regulated, or a decision carries significant financial or dispute risk.

Can a lawyer replace a notary for company changes?

No. Indonesian company changes often require an authentic notarial deed and, where applicable, submission to the Ministry of Law’s company administration system. A lawyer can advise on the decision and legal documents, while the notary handles the notarial act.

How long does a company governance review take?

A focused review may take several days to a few weeks, depending on the company’s size and the records available. Missing minutes, complex ownership, or an active dispute can extend the work.

How much does corporate governance advice cost in Gresik?

There is no single statutory fee for a lawyer’s governance advice. Ask for a written scope and fee estimate, and check whether notarial charges, filing costs, tax advice, or dispute work are billed separately.

Can a minority shareholder challenge a company decision?

Potential remedies depend on the decision, the company’s articles, applicable statutory rights, and the evidence. A lawyer can assess whether to seek information, negotiate, use a dispute-resolution clause, or pursue a claim.

What records should a company prepare for a lawyer?

Gather the articles of association and amendments, shareholder and management details, RUPS minutes, relevant contracts, financial reports, and correspondence about the issue. Include any notarial deeds and company administration records available to the business.

Do Gresik companies need to follow public-company governance rules?

Rules specifically aimed at public companies generally apply to companies with public-company status, rather than every privately held PT. A company considering a public offering or already subject to Financial Services Authority rules should obtain advice on its exact obligations.

Can a lawyer help with a dispute between directors and commissioners?

Yes. Counsel can review each organ’s authority under company law and the articles, identify the approvals required, and advise on a lawful path forward. The right approach depends on the facts and whether the disagreement affects company operations.

Where are company governance filings handled?

Many PT establishment and amendment matters involve a notarial deed and the Ministry of Law’s company administration system. Business licensing is handled through the applicable licensing framework, including the Online Single Submission system where relevant.

Official resources

• Gresik Regency Investment and One-Stop Integrated Services Office (DPMPTSP Kabupaten Gresik): Provides local investment and business-permit services and information within its authority.

• Directorate General of General Legal Administration (AHU), Ministry of Law: Administers company legal-entity information and company administration services, including relevant PT establishment and amendment processes.

• Financial Services Authority (OJK): Regulates and supervises financial services and sets requirements relevant to public companies and regulated financial businesses.

Steps to find and hire a corporate governance lawyer

1. Write down the issue, the decision or deadline involved, and the outcome the company needs. This should take about one day and helps define the lawyer’s assignment.

2. Collect the articles, amendments, ownership details, meeting minutes, relevant contracts, and key correspondence. Allow a few days if records are held by several shareholders or offices.

3. Shortlist lawyers who handle Indonesian company law, shareholder matters, or corporate transactions, and confirm they can advise on the company’s Gresik operations. Ask about experience with similar company types and disputes.

4. Arrange an initial consultation and ask the lawyer to identify the governing documents, immediate risks, required approvals, and any filing or notarial steps. Compare the proposed approach, communication, and availability.

5. Request a written engagement letter stating the scope, fees, billing basis, exclusions, and who will handle any notarial work. Confirm whether the lawyer represents the company, a shareholder, or another party.

6. Provide the agreed documents and set a schedule for advice and decisions. For a routine review, agree on an initial timetable of days or weeks; urgent disputes or regulatory deadlines may require faster action.