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Browse our 3 legal questions about Private Equity in Indonesia and read the lawyer answers, or ask your own questions for free.
Secara prinsip, akuisisi mayoritas oleh investor asing dimungkinkan untuk sektor logistik tertentu, tetapi batas kepemilikan asing bergantung pada KBLI dan perizinan usaha target. Untuk Jasa Pengurusan Transportasi/freight forwarding, batas kepemilikan asing pada prinsipnya 67%. Jadi investor asing dapat mengambil mayoritas,...
Read full answerhi, The establishment of a private equity fund in Indonesia falls under the supervision of the Financial Services Authority (OJK) and is subject to applicable tax regulations. The fund structure may take the form of a limited liability company or...
Read full answerHi, The sale of a partial equity stake to a private equity firm is generally permissible; however, regulatory considerations and transaction structuring must be carefully assessed. Approval from the Financial Services Authority (OJK) is required if the company operates in...
Read full answerA private equity lawyer advises investors and business owners on buying, selling, or funding shares in privately held companies. In Malang, this may involve a family-owned manufacturer, a food-processing business, a hospitality operator, or a growing technology company.
The transaction usually turns on Indonesian company law, the target’s articles of association, and any shareholder agreement. The lawyer checks ownership, permits, contracts, tax exposure, employment matters, and liabilities before drafting or negotiating the investment documents.
Malang City and Malang Regency are separate local administrations. The company’s location and activities affect which local licensing office and permits may be relevant, while company registrations and certain corporate filings use national systems.
You are considering buying shares in a Malang manufacturer or food business and need to verify ownership, debt, permits, tax filings, and major customer contracts.
A family-owned company is taking outside capital but its current shareholders disagree about control, board appointments, dividends, or how an investor can exit.
You are investing in a hospitality, education, or technology business and need to check whether its licences match its actual operations and business classification.
A foreign investor wants to invest in a company operating in Malang and needs advice on foreign ownership restrictions, investment structure, and applicable licensing requirements.
A shareholder plans to sell shares, but the company’s articles or existing agreements may require prior approvals, an offer to other shareholders, or a formal company process.
An investor and founder are negotiating funding terms and need clear documents covering milestones, information rights, dilution, default, and exit arrangements.
Law No. 40 of 2007 on Limited Liability Companies governs Indonesian limited liability companies, including share transfers and shareholder decisions. It was amended by Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law, promulgated on 31 March 2023.
Law No. 25 of 2007 on Investment provides the investment framework and was also amended through the 2023 Job Creation Law. Foreign investment must be assessed against applicable business-field rules, including Presidential Regulation No. 10 of 2021 on Investment Business Fields, as amended by Presidential Regulation No. 49 of 2021.
Law No. 8 of 1995 on Capital Markets, amended by Law No. 4 of 2023 on Financial Sector Development and Strengthening, is relevant where a transaction involves capital-market activity or a public offering. An ordinary private share sale is not automatically a public offering.
The lawyer reviews the company and transaction, identifies legal risks, and negotiates or prepares investment documents. They may also coordinate with a notary, tax advisers, and licensing professionals.
There is no general rule requiring each party to hire a lawyer for every private share transfer. Legal advice is particularly useful when ownership is unclear, the company has several shareholders, or the investment includes control or exit rights.
The parties check the company’s articles and agreements for transfer restrictions and required approvals. The transfer is documented in accordance with Indonesian company law, and the company’s records and required filings must be updated through the applicable process.
Potentially, but the answer depends on the business field, ownership rules, and the investor’s proposed structure. A lawyer should check current restrictions and investment requirements before the parties sign binding documents.
Many investments are made into an Indonesian limited liability company, or PT, because it has shares and a formal shareholder structure. The appropriate structure depends on the transaction, the business, and whether foreign investment rules apply.
A straightforward transaction may take several weeks, while complex due diligence, negotiations, approvals, or licensing issues can extend the timetable. The parties should set milestones after reviewing the company’s records and proposed terms.
There is no single standard fee. Ask for a written scope and fee estimate that separates legal work from notary charges, government fees, tax advice, and other third-party costs.
It commonly covers company ownership, financial and tax records, material contracts, licences, employees, disputes, assets, and outstanding debt. The review should reflect the company’s actual sector and operations in Malang City or Malang Regency.
Shareholders can negotiate contractual rights, subject to Indonesian law and the company’s constitutional documents. The documents should be checked together so that agreed rights fit the company’s articles and required corporate approvals.
No. A private share investment does not automatically require OJK approval. OJK rules may become relevant if the transaction involves regulated financial services, securities activities, or a public-market offering.
The company may need to correct or update its business information and licensing through the applicable national and local processes. A lawyer can identify the responsible office based on the company’s address and licensed activities.
Malang City Investment and One-Stop Integrated Services Office (DPMPTSP Kota Malang): provides local investment and business-licensing services for activities within Malang City.
Malang Regency Investment and One-Stop Integrated Services Office (DPMPTSP Kabupaten Malang): handles local investment and licensing services for businesses located in Malang Regency.
Financial Services Authority (OJK) Malang office: provides information and services concerning regulated financial services and OJK’s remit. It is not a general approval office for ordinary private-company share transfers.
Define the transaction. Write down whether you are investing, selling shares, raising capital, or restructuring ownership. Allow one or two days to gather the basic facts.
Confirm the company’s location and structure. Identify whether it is in Malang City or Malang Regency, and collect its company deed, articles, shareholder information, and business licence details.
Shortlist lawyers who handle Indonesian company investments. Ask about their work with share transactions, due diligence, foreign investment if relevant, and businesses in the target’s sector.
Compare scope, fees, and availability. Request a written proposal covering review, negotiation, drafting, filings, exclusions, and expected timing. Compare proposals before appointing counsel.
Agree on confidentiality and review access. Put confidentiality arrangements in place before sharing sensitive records, then provide an organised set of company documents for due diligence.
Set conditions before signing or paying. Confirm required shareholder approvals, regulatory and licensing checks, payment arrangements, and closing documents with the lawyer. Timing depends on the review and any required approvals.
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