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PRESS RELEASE
The Issuance of Bapepam Rule
 

Today on July 17th 2003, Bapepam issued 3 (three) rules to revise preceding rules which are: Bapepam Rule No. IX.A.2 concerning Registration Procedures of a Public Offering, No. IX.D.1 concerning Pre-emptive Rights, and No X.K.4 concerning Report of the Utilization of Funds Received from a Public Offering.

A.

Bapepam Rule No. IX.A.2. Registration Procedures of a Public Offering 

  The purpose of this revision is to shorten time limit of  a Public Offering in order to improve its effectivity and efficiency.
   
  These are the main points of the revisions :
  1. The requirement to announce Preliminary Prospectus which is part of Registration Statement is not employed in a case of the offering exercised by Small and Medium Enterprises or the offering aims at certain Parties and the nature of offering is limited.
  2. The period of 180 (one hundred and eighty) days, between the date of most recent financial statement and the date of the effectiveness of Registration Statement is changed into 6 (six) months.
  3. The time limit of 3 (three) working days for securities allotment of a Public Offering is shortened into 2 (two) working days. 
  4. The availability of certification ownership of securities that are not listed in Stock Exchanges is shortened from 5 (five) working days into 2 (two) working days after allotment.
  5. The limit to execute Securities listing in Stock Exchanges after allotment is shortened from 5 (five) days into 3 (three) working days.
  6. The time limit for Underwiter to Report Public Offering is shortened from 5 (five) into 3 (three) working days.
  7. The time limit between the time Registration Statement declared effective and the time to report Public Offering result to Bapepam is shortened from 15 (fifteen) days into 10 (ten) working days.
     
     
B. Bapepam Rule No. IX.D.1 concerning Pre-emptive Rights.
  The purpose of this revision is to adjust the regulation with already commenced scripless trading, therefore the revision shortens time limit for the execution of Preemptive Rights.
   
  The followings are main topics of revision:
  1. The number of issued and outstanding warrant is adjusted from 30% of paid in capital at the time of warrant issuance into 35% of paid in capital at the time of Registration Statement is submitted.  
  2. The atest time for sharesholder to be recorded in shareholder list to have the right of Preemptive Rights is shortened form 11 (eleven) into 8 (eight) working days after General Meeting of Shareholder.
  3. The issuance of new securities is shortened from 5 (five) working days into 2 (two) working days after Preempitve Rights exercised.
  4. Trading period of Premptive Right is limited for at least 5 (five) working days and 30 (thirty) working days at the longest after distribution of Preemptive Right ends.
  5. The time for distribution of Preemptive Right certificates is shortened from 5 (five) working days into 1 (one) working days after listed shareholder has right on Preemptive Right.
  6. The time for allotment is shortened from 2 (two) days into 1 (one) working day after Preemptive Rights trading ends.
     
     
C. Bapepam Rule No. X.K.4 concerning Reports on the Use of Fund Received from a Public Offering.
  The purpose of this revision is to improve disclosure of fund received from a public offering so public can get this information. 
   
  The followings are main topics of the revisions:
  1. Other than to report to Bapepam, Issuers or Public Companies have to account for it in Annual General Meeting of Shareholders and or to make report to a Trustee.
  2. Explanation of fund realization in the Annual General Meeting of Shareholders should be carried out periodically each year.   
  3. Prior to make any changes on the utilization of fund received from Bond Offering, permission has to be attained from Trustee after having an approval from Bondholders General Meeting. 
  4. The report on utilization of the last fund have to be reported to Bapepam and have to account for it in the Annual General Meeting of Shareholder and or to report it to Trustee in the next period.
  5. Considering that for all this time the requirement to report the utilization of fund received from an Initial Public Offering (IPO) only employed for Shares or Bonds Issuers, it is necessary also to include Issuers which exercise Equity Offering (other than shares).

 

 

   

 

Jakarta, 17 July 2003

 

CAPITAL MARKET SUPERVISORY AGENCY

On behalf of

Chairman

 

Director of Regulation and Legal Counsel Bureau

 

 

 

 

 

Robinson Simbolon

 

NIP. 060047831


 
   


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