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  Chapter I


Article 1
In this Law, what is meant by:
1. Afiliasi adalah:
  a. a family relationship by marriage and descent to the second degree, horizontal as well as vertical;
  b. a relationship between a Person and its employees, directors, or commissioners;
  c. a relationship between two Companies with one or more directors or commissioners in common;
  d. a relationship between a Company and a Person that directly or indirectly, controls or is controlled by that Company;
  e. a relationship between two Companies that are controlled directly or indirectly by the same Person; or
  f. a relationship between a Company and a substantial shareholder.
2. A Member of a Securities Exchange is a Broker-Dealer, licensed by BAPEPAM, that is permitted by the rules of the Securities Exchange to use its systems and facilities.
3. A Securities Administration Agency is a Person that, under contract, maintains ownership records of an Issuer’s Securities and distributes entitlements on such Securities.
4. A Securities Exchange is a Person that organizes and provides the system and facilities that are used to bring together offers of those who intend to buy and sell Securities.
5. Securities are promissory notes, commercial paper, shares, bonds, evidences of indebtedness, Participation Units of collective investment contracts, futures contracts related to Securities, and all derivatives of Securities .
6. An Issuer is a Person who makes a Public Offering.
7. Material Information is any important and relevant fact concerning events, incidents or data that may affect the price of a Security on an Exchange or that may influence the decisions of investors, prospective investors or others that have an interest in such information.
8. A Custodian is a Person who provides safekeeping services with respect to Securities and Securities-related assets and other services, including collection of dividends, interest, and other entitlements, the settlement of Securities Transactions, and agency services for clients who are account holders.
9. A Clearing Guarantee Institution is a Person that clears and guarantees the settlement of Securities Exchange Transactions.
10. A Central Securities Depository is a Person that acts as a central Custodian for Custodian banks, Securities Companies and others.
11. An Investment Manager is a Person other than an insurance Company, pension fund or bank with respect to its own lawful activities, that, as a business, manages Securities Portfolios or collective investment Portfolios for clients or groups of clients.
12. The Minister is The Minister of Finance of The Republic of Indonesia
13. The Capital Market is the activity of trading and Offering Securities to the Public, the activity of a Public Company with respect to Securities it has issued, and the activities of Securities-related institutions and professions.
14. An Investment Advisor is a Person who, for a fee, renders advice to others regarding the sale or purchase of Securities.
15. A Public Offering is an offer to sell Securities to the public, made by an Issuer in ways stipulated in this Law and its implementing regulations.
16. Collective Custody is the service of safekeeping Securities owned jointly by more than one Person whose interests are represented by the Custodian.
17. An Underwriter is a Person who makes an agreement with an Issuer to conduct a Public Offering, with or without the obligation to purchase Securities that are not sold.
18. A Broker-Dealer is a Person who engages in the business of buying and selling Securities for the account of others or for his own account.
19. A Registration Statement is the set of documents that must be submitted to BAPEPAM by a Public Company, or by an Issuer in a Public Offering.
20. A Company is a limited liability company as defined in Law Number 1 of 1995 on Limited Liability Companies (Article 1, item 1 in the General Provisions).
21. A Securities Company is a Person who engages in the business of Underwriter, Broker-Dealer and/or Investment Manager.
22. A Public Company is a Company that has at least 300 shareholders and a paid-in capital of at least three billion rupiah, or such other number of shareholders and paid-in capital that may be stipulated in Government Regulations.
23. A Person is a natural person, a Company, a partnership, an association or any organized group.
24. A Securities Portfolio is a collection of Securities that is owned by a Person or Persons.
25. The Disclosure Principle is the general guideline that requires an Issuer, a Public Company, and other Persons subject to this Law, to disclose to the public within a certain time, Material Information with respect to their business or Securities, when such information may influence decisions of investors in such Securities and/or the price of the Securities.
26. A Prospectus is written information that is intended to induce another Person to buy Securities in a Public Offering
27. An Investment Fund is a vehicle used by an Investment Manager to gather funds from the public for investment in a Securities Portfolio.
28. A Securities Exchange Transaction is a contract between Members of a Securities Exchange in accordance with Exchange rules, that relates to the purchase, sale, borrowing, lending, or other contractual arrangement regarding Securities or the price of Securities.
29. A Participation Unit is the method of measuring a Person’s ownership interest in a collective investment Portfolio.
30. A Trust-Agent is a Person who represents the interests of holders of credit Securities.

Article 2
The Minister shall determine general policy with respect to the Capital Market.


 

Chapter II

 
   


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