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Beneficial Owner Agreement
"I need a Beneficial Owner Agreement for a Singapore-based investment company acquiring 60% beneficial ownership in an Indonesian mining corporation, effective March 2025, with enhanced regulatory reporting requirements and specific provisions for OJK compliance."
1. Parties: Identification of the legal owner(s) and beneficial owner(s), including complete details as required by Indonesian regulations
2. Background: Context of the agreement, relationship between parties, and purpose of the beneficial ownership arrangement
3. Definitions: Key terms including 'Beneficial Owner', 'Legal Owner', 'Shares', 'Company', and other relevant definitions as per Indonesian regulations
4. Declaration of Beneficial Ownership: Clear statement of beneficial ownership arrangement, including percentage of ownership and nature of benefits
5. Rights and Obligations of Legal Owner: Duties, responsibilities and limitations of the legal owner in managing the assets
6. Rights and Obligations of Beneficial Owner: Entitlements and responsibilities of the beneficial owner, including decision-making powers
7. Regulatory Compliance: Obligations regarding beneficial ownership reporting and compliance with Indonesian regulations
8. Financial Arrangements: Distribution of profits, handling of losses, and financial responsibilities
9. Confidentiality: Confidentiality obligations and permitted disclosures
10. Duration and Termination: Term of the agreement and circumstances for termination
11. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law provisions
12. General Provisions: Standard clauses including notices, amendments, and severability
1. Power of Attorney: Optional section granting specific powers to the beneficial owner, used when direct control over certain decisions is required
2. Anti-Money Laundering Provisions: Detailed AML compliance obligations, recommended when parties are subject to enhanced due diligence
3. Tax Arrangements: Specific provisions regarding tax obligations and responsibilities, needed when tax implications are significant
4. Change of Control Provisions: Procedures for handling changes in beneficial ownership, recommended for complex ownership structures
5. Insurance and Indemnification: Additional protection clauses, recommended when significant assets are involved
1. Schedule 1 - Asset Details: Detailed description of assets or shares subject to beneficial ownership
2. Schedule 2 - Reporting Requirements: Specific reporting obligations and deadlines under Indonesian regulations
3. Schedule 3 - Fee Schedule: Details of any management fees or cost arrangements between parties
4. Appendix A - Beneficial Ownership Structure Chart: Visual representation of the ownership structure
5. Appendix B - Required Regulatory Forms: Templates or copies of mandatory beneficial ownership disclosure forms
6. Appendix C - Corporate Authorizations: Copies of relevant corporate approvals and authorizations
Authors
Banking and Financial Services
Real Estate
Mining and Natural Resources
Manufacturing
Investment and Private Equity
Infrastructure Development
Energy
Technology
Telecommunications
Professional Services
Legal
Compliance
Corporate Secretariat
Risk Management
Finance
Corporate Governance
Regulatory Affairs
Investment
Board Secretariat
Shareholder Services
Corporate Secretary
Legal Counsel
Compliance Officer
Chief Legal Officer
Risk Manager
Company Director
Chief Financial Officer
Investment Manager
Corporate Governance Officer
Regulatory Affairs Manager
Board Member
Managing Director
Shareholder Relations Manager
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