Affiliated Mining Services Provider Regulation
Author | William A. Sullivan/Christian Teo Purwono & Partners |
Profession | Licensed Foreign Advocate in Indonesia as well as a Solicitor of the Supreme Court of New South Wales |
Pages | 65-70 |
CHAPTER 5
Affiliated Mining Services
Provider Regulation
I.Executive Summary
1. Overview
The Affiliated Mining Services Provider Regulation (hereinafter referred to as
“DGoMCR 376/2010”) was issued with legal effect from May 10, 2010,
and by way of implementation of Article 9 of GR 28/2009.
2. Approach
2.1 Affiliated Mining Services Provider: An “Affiliated Mining Services
Provider”is a business entity having any of the following relationships
with an IUP/IUPK holder.
a. The IUP/IUPK holder has not less than 20% direct share ownership
in the Affiliated Mining Services Provider;
b. The IUP/IUPK holder has some direct share ownership in the
Affiliated Mining Services Provider and has not less than 50% of
the voting rights in respect of the Affiliated Mining Services Pro-
vider pursuant to an agreement allowing the IUP/IUPK holder to
indirectly control the financial and operational policies of the
Affiliated Mining Services Providers; or
c. The IUP/IUPK holder is authorized to appoint or dismiss the
Finance Director, the Operational Director, or other similar execu-
tives of the Affiliated Mining Services Provider.
2.2Appointment: An IUP/IUPK holder may only appoint an Affiliated
Mining Services Provider in certain circumstances where:
a. There is no “similar”[unaffiliated] Mining Services Provider in the
subject Regency/City and/or Province; or
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