The Limited Liability Company Operating Agreement Single Member is a fundamental document required when establishing a single-member LLC in Indonesia. This document becomes necessary when an individual or corporate entity wishes to establish a limited liability company with sole ownership under Indonesian law. It must comply with Law No. 40 of 2007 on Limited Liability Companies (as amended by Law No. 11 of 2020) and Government Regulation No. 8 of 2021, which specifically addresses single-member LLCs. The agreement serves multiple purposes: it establishes the company's governance framework, defines capital structure, outlines management procedures, and sets forth the rights and obligations of the single member. It's particularly relevant for both domestic and foreign investors seeking to establish a business presence in Indonesia while maintaining sole ownership and control.
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1. Parties: Identifies the single member and the company as parties to the agreement
2. Background: Sets out the context and purpose of establishing the single-member LLC
3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules
4. Formation and Company Details: Details of company formation, name, registered office, and business purposes
5. Capital Structure: Specifies initial capital contribution, shares, and future capital requirements
6. Management and Decision Making: Outlines management structure, decision-making processes, and authority limits
7. Rights and Obligations of the Member: Details the rights, powers, and responsibilities of the single member
8. Company Administration: Covers administrative matters including records, accounts, and reporting requirements
9. Distributions and Taxation: Governs profit distribution, dividend policy, and tax treatment
10. Transfer of Interest: Procedures for transferring ownership interest and admitting new members
11. Dissolution and Liquidation: Procedures for winding up the company and asset distribution
12. General Provisions: Standard clauses including notices, amendments, and governing law
1. Board of Directors: Required if the company chooses to have a formal board structure beyond the single member
2. Board of Commissioners: Optional supervisory board structure as permitted under Indonesian law
3. Company Secretary: Include if appointing a company secretary for administrative functions
4. Intellectual Property Rights: Include if the company will own or develop significant IP assets
5. Employment Matters: Include if the company will have employees beyond the single member
6. Foreign Investment Provisions: Required if the single member is a foreign investor
7. Branch Offices: Include if the company plans to establish branch offices
1. Company Details: Schedule containing detailed company information including registration number, address, and business activities
2. Initial Capital Contribution: Details of the initial capital contribution including valuation of any non-cash assets
3. Shareholder Resolution Template: Standard format for documenting single member decisions
4. Management Authority Matrix: Detailed breakdown of management authority levels and limits
5. List of Reserved Matters: Decisions requiring special documentation or regulatory approval
6. Company Regulations: Internal company policies and procedures
7. Power of Attorney Templates: Standard formats for delegating authority to management or representatives
Relevant legal definitions
Clauses
Relevant Industries
Retail
Technology
Professional Services
Manufacturing
Trading
Consulting
E-commerce
Real Estate
Food and Beverage
Agriculture
Creative Industries
Import/Export
Healthcare
Education
Relevant Teams
Legal
Corporate Secretariat
Compliance
Finance
Corporate Governance
Business Development
Executive Management
Investment
Administrative
Relevant Roles
Company Director
Company Secretary
Legal Counsel
Corporate Lawyer
Business Owner
Entrepreneur
Managing Director
Chief Executive Officer
Chief Financial Officer
Compliance Officer
Corporate Governance Officer
Investment Manager
Business Development Manager
Company Founder
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