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所有权

我们很荣幸成为香港唯一一家提供印尼投资服务的房地产公司,并得以通过切实有效的监督体制实现投资,而无需当地提名人。这一切都使审查评估更加透明化。

为建立正确的法律机制,Invest Islands 投入大量时间和资源,以确保其开发完全符合印度尼西亚外商所有权法律及香港(英联邦)的投资法规。。

Ownership in Indonesia

Protection of your investment is capital to us

INVEST INDONESIAN ISLANDS has spent lots of time and finance in order to establish the correct legal company structure in order to ensure full compliance with Indonesian foreign land ownership laws.

We are proud to be the only Fund Manager Company in Lombok that offers its clients an investment that is 100% legally secure.

Penanaman Modal Asing (PMA) translates as: Foreign Investment Company

The legal entity through which a foreign person, foreign company, or foreign government body can conduct business in Indonesia (meaning generating revenue streams and profit) is the PT PMA. The establishment of a PT PMA is regulated by Law No. 40/2007 regarding Limited Liability Companies (Company Law).

 

Creating a local Indonesian company (PMA), or controlling through an investment contract a parcel of land that is owned by such a company is a tried and tested method that is 100% legal and safe.

 

Create a Foreign Investment Company (“PMA” – the Indonesian acronym for “Penanaman Modal Asing”), and transfer the property into the name of the company.

Since foreigners are not allowed to own freehold property in Indonesia, the same restriction applies to PMAs. However, total control and title of the property by the PMA are secured by changing the property ownership right from “Hak Milik” to “HGB” (“Hak Guna Bangunana”). HGB can later easily be converted back to Hak Milik, for example if the property is sold to an Indonesian or if the foreign investor decides to use the Nominee method.

Penanaman Modal Asing

Penanaman Modal Asing (PMA) 即外商投资公司

此法律实体,即通过一个外国人,外国公司或外国政府机构在印度尼西亚开展业务,即称为PT PMA

印尼公民个人拥有土地的永久业权。外国人可以获得其他形式的权利,如借地权或者土地借用权。

外国投资公司持有财产

建筑使用权赋予持有权在这片土地上建设并发展建筑设施的权利,并拥有80年的土地所有权。土地使用权可以被印度尼西亚居民个人持有,法人实体,或者已登记注册的外商投资公司。外商投资公司可以100%的外资控股,因此允许国外投资者对公司及商务活动拥有直接的法律控制权。当前一个外商投资公司要求的最低股本是750000美元的股本(2017年2月)。

对外国投资者而言,考虑到法律支持,成本及心力,最好的解决方案
是通过现有的外商投资企业购买土地。Invest Islands在外商投资企业和个人投资者之间构建全面的服务体系。主要涉及到列明金额,投资的持有时间,投资安全和退出策略。

如果买家决定开发自己的土地, 在外商投资企业的合法期限内,外商投资企业甚至允许买方拥有控制权。如果买方希望出售任何近海权,外商投资企业也是允许此类操作的。租赁协议将直接登记注册买方姓名,不需要任何印度尼西亚人的提名。 外商投资企业是符合印尼投资协调委员会的法规条例的;因此使用个人提名登记,更加安全可靠。

What therefore is the solution for foreign investors?

The best solution for foreign investors in terms of legal aspect, cost and peace of mind, is purchasing a land that belongs to an existing PMA ensuring that a binding contract between the PMA and Individual investor is in place in order to specify amounts , duration of investment hold, security of investment etc.

If the buyers decide to sign Notarized documents to enter into a lease with the PMA, this structure will even allow them to fully own, develop and control the property within the lawful term of HGB. It also allows them to sell any interest in the property offshore if they want to do so. Lease agreements will be registered directly in the buyer’s name without the need of an Indonesian nominee.

A HGB is granted for an initial period of 30 years, with a 20 year extension, and then can again be renewed again for up to 30 years. The total period is therefore 80 years.

All agreements and legal documentation have been prepared by Law Firm: Lombok Investment Law and Immigration Consultant of Jalan Adi Sucipto Pertokoan Griya Ellen No 19 Ampenan Mataram, Lombok Indonesia, an Indonesian owned and managed law firm with many years of experience in setting up companies and assisting foreigners with their local Property Investments.

 

By using an Indonesian person as a Nominee – which is a widely used method as well. However, the authorities are recently discouraging foreigners to use it, as they see it as a way to get around the law rather than a real 100% legal ownership right.

 

Nominees can be any Indonesian citizen – including a foreigner who has become an Indonesian citizen. A set of documents are then signed to secure the investor’s ownership interests.

 

INVEST INDONESIAN ISLANDS advises all its investors to opt for the first method, as it is the only 100% legal way to own a property in Indonesia. However, any investor who would prefer

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