By BUDIARTO Law Partnership

CHECKLIST FOR INITIAL

DUE DILIGENCE REVIEW OF
PT Dharmapala Usaha Sukses
(DUS)
7 July 2015

Document

Status Date
Date
Received

Remarks

Please provide copies of each of the following

documents:
I.

CORPORATE ORGANIZATION AND GENERAL

INFORMATION
(a) -

DUS's Deed of Establishment and any

amendments to the Articles of Association
(the Articles); and

Legalization of, Approvals from and Reports

to the Minister of Laws and Human Rights
(MOLHR) of the Deed of Establishment
and Articles of Association including all of its
amendments,
registrations
with
the
Company Register at the Department of
Trade, and publications in the State Gazette
of the Republic Indonesia.

1. Deed of Establishment No. 18

dated September 21, 2000, made
before Ilmiawan Dekrit Supatmo,
S.H., then a Notary in Jakarta.

MOLHR Approval No. C-2928

HT.01.01Th.2001
dated
March 22, 2001;

Company
Registration
Certificate
No.
TDP
090517141167 at Company
Registration Office Central
Jakarta No. 951/BH 09.05/VI
2001 dated 25 June 2001;

Announcement
in
State
Gazette
No.
6907/2006
supplement to State Gazette
No. 51 dated 27 June 2006
on PT Dharmapala Usaha
Sukses dated 22 March
2001;

2. Deed of Meeting Resolution No.

29, dated 8 May 2001, made
before
E.
Betty
Budiyanti
Moesigit, S.H., Notary in Jakarta

Notarial letter: Notification of

changes in shareholders
structure and BOD BOC
composition
No.
325/AM/V/2001 dated 29
May 2001 (received 31 May
2001)

Note:
1

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
Please provide the Notification
receipt from MOLHR for Akta No.
29/2001.
3. Deed of Meeting Resolution No.
22 dated 20 August 2003, made
before Veronica Lily Dharma,
S.H. Notary in Jakarta with
Receipt of Notice Letter from
MOLHR No. C-UM.02.01.14183
dated 10 September 2003

Notification receipt issued by

MOLHR
No.
CUM.02.01.14183

Registered in the company

registry No. 07.01.2004

Note:
Please provide us The evidence of
company registration with Company
Registration Office Jakarta.
4. Deed of Meeting Resolution No.
21 dated 15 December 2003,
made before Veronica Lily

Notification receipt issued of

changes issued by MOLHR
No. C-UM.02.01.16982

5. Deed of Minutes of Meeting

No.16 dated October 14, 2003,
made before Veronica Lily
Dharma, S.H., then a Notary in
Jakarta:

MOLHR Approval No. C28685

HT.01.04Th.2003
dated December 09, 2003
and C-UM.02.01.18023 dated
December 23,2003;

Company
Registration
Certificate
No.
TDP
090517141167 at Company
Registration Office Central
Jakarta
No.
2

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
0027/RUB.09.05/I/2004
dated 07 January 2004;

Announcement
in
State
Gazette
No.
95//2004
supplement to the State
Gazette No. 09 dated 30
January
2004
on
PT
Dharmapala Usaha Sukses
dated 09 December 2003;

Share of Sale and Purchase

Agreement dated 20 August
2003;

6. Statement of Meeting Resolution

No. 80 dated June 12, 2006
made before Eliwaty Tjitra, S.H.,
then a Notary in Jakarta;

Minutes of Extraordinary
Shareholders Meeting dated
30 May 2006;

The
Deed
has
been
approved by MOLHR Decree
No.
C-20000
HT.01.04Th.2006 dated July
10, 2006;

Company
Registration
Certificate
No.
TDP
090515141167 at Company
Registration Office Central
Jakarta
No.
3152/RUB
09.05/XII 2007 dated
07
December 2007;

Note:
Please provide Announcement in
state gazette and supplement to the
state gazette for deed no 08/2006;
7. Shareholders
Circular
Resolution No. 18 dated 4
November 2007 made before
Notary Eliwaty Tjitra, S.H., then
a Notary in Jakarta;

The
Deed
has
been
approved by MOLHR Decree
3

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
No.
C-05564
TH.2007;

HT.01.04-

The deed has been

notified to the MOLHR
pursuant to notification
receipt
No.
CUM.HT.01.10-5398
dated
December
07,
2007;

Note:
Please provide us The evidence of
company registration at Company
Registration Office Jakarta pursuant
to deed no. 18 /2007;
8. Statement of Meeting Resolution
No. 224 dated December 26,
2007 made before Sutjipto, S.H.,
Mkn. Then a Notary in Jakarta;

The
Deed
has
been
approved by MOLHR Decree
No.
AHU01722.AH.01.02.Tahun 2008
dated January 15, 2008

Company Registration No.

AHU0002714.AH.01.09.Tahun
2008 dated 15 January 2008;

Note:
Please provide us an Announcement
on the state gazette and supplement
to the state gazette for deed No.
224/2007 and the evidence of
company registration at Company
Registration Office Jakarta.
9. Unanimous Written Resolution
of Shareholders No.40 dated 22
February 2010 made before
Ashoya Ratam, S.H., Mkn. A
notary in Jakarta ;

The
Deed
has
been
approved by MOLHR Decree
No. AHU-01.10-05640 dated
March 2010,08;
4

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks

Company Registration No.

AHU0017462.AH.01.09.Tahun
2010 dated 08 March 2010;

Note:
Please provide us The evidence of
company registration at Company
Registration Office Jakarta pursuant
to deed No.40/2010
10. Unanimous Written Resolution
of Shareholders No.12 dated 26
November 2012 made before
Ashoya Ratam, S.H., Mkn. A
notary in Jakarta;

The
Deed
has
been
approved by MOLHR Decree
No.
AHU-64062.
AH.01.02.Tahun 2012 dated
December 2012, 13 and
Company Registration No.
AHU0108539.AH.01.09.Tahun
2012 dated 13 December
2012.

The Deed has been notified

to the MOLHR pursuant to
notification receipt No. AHUAH.01.10-01365
date
January 22, 2013 and
Company Registration No.
AHU0003252.AH.01.09.Tahun
2013 dated 22 January 2013.

Note:
Please provide us an Announcement
on state gazette and supplement to
the state gazette for deed No.
12/2012 and The evidence of
company registration at Company
Registration Office Jakarta pursuant
to deed No. 12/2012.
11. Unanimous Written Resolution
of Shareholders in lieu of an
Extraordinary General Meeting
5

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
of Shareholders No.12 dated 26
November 2012 made before
Utiek R. Abdurachman, S.H.,
Mli.,Mkn. A notary in Jakarta;

The Deed has been notified

by MOLHR Decree No. AHUAH.01.10-39471
date
September 23, 2013;

Company Registration No.

AHU0088745.AH.01.09.Tahun
2013 dated 23 September
2013;

12. Unanimous Written Resolution

of Shareholders No. 27 dated 18
March 2014 made before
Ashoya Ratam, S.H., Mkn. A
notary in Jakarta;

The
Deed
has
been
approved by MOLHR Decree
No. AHU-00512.40.20.2014
dated April 2014, 15 and
Company Registration No.
AHU-00512.40.20.2014.
dated 15 April 2014.

The Deed has been notified

by MOLHR Decree No. AHU02758.40.22.2014 date April
15, 2014 and Company
Registration
No.
AHU02756.40.22.2014 dated April
15, 2014.

Note:
Please provide an Announcement in
state gazette and supplement to the
state gazette for deed no 27/2014
and The evidence of company
registration
with
Company
Registration Office Jakarta pursuant
to deed No. 27/2014.
13. Unanimous Written Resolution
of Shareholders in lieu of an
Extraordinary General Meeting
of Shareholders No. 03 dated 3
6

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
February 2015 made before
Ashoya Ratam, S.H., Mkn. A
notary in Jakarta;
Note:
The
evidence
of
company
registration
with
Company
Registration Office Jakarta pursuant
to deed No. 3/2015 and notification
receipt from MOLHR.
14. Unanimous Written Resolution
of Shareholders in lieu of an
Extraordinary General Meeting
of Shareholders No.34 dated 24
April 2015 made before Ashoya
Ratam, S.H., Mkn. A notary in
Jakarta;

The Deed has been notified

by MOLHR Decree No. AHU01.03.0927334 date April 27,
2015;

Company Registration No.

AHU-3497372.AH.01.11.
Tahun 2015 dated April 27,
2015;

Note:
Please provide us with the he
evidence of company registration
with the Company Registration Office
Jakarta
pursuant
to
deed
No.34/2015.

(b) Minutes of Annual General Meetings of

Shareholders and Extraordinary General
Meetings of Shareholders

Annual Report of The Board of

Directors of PT DUS for the financial
year 2006.

(c) minutes of General Meetings of Shareholders

which appointed current members of BOD and
BOC and names and addresses of such
members

1. Deed of Minutes of Meeting

No.73 dated June 12, 2001, made
before Agus Madjid, S.H., then a
Notary in Jakarta;
Note:
Please provide the notification receipt
from
MOLHR
and
company
registration certificate issued by the
7

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
company registration office Jakarta;
2. Unanimous Written Resolution of
Shareholders No. 12 dated 21
May 2008 made before Ashoya
Ratam, S.H., then a Notary in
Bekasi;

The Deed has been notified

by MOLHR Decree No. AHUAH.01.10-17207 date July
07, 2008;

Company Registration No.

AHU-0056210.AH.01.09
Tahun 2008 dated 07 July
2008;

Company
Registration
Certificate
at
Company
Registration Office Central
Jakarta dated 30 April 2009;

3. Unanimous Written Resolution of

Shareholders
No.
01
1
September 2009 made before
Ashoya Ratam, S.H., then a
Notary in Bekasi;

The Deed has been notified

by MOLHR Decree No. AHUAH.01.10-15921
date
September 14, 2009;

Company Registration No.

AHU-0061220.
AH.01.09
Tahun
2009
dated
14
September 2009;

Note:
Please provide us the evidence of
the registration of deed No. 01/2009;
with the company registration office
Jakarta.
4. Unanimous Written Resolution of
Shareholders No. 03 12 August
2011 made before Ashoya
Ratam, S.H., then a Notary in
Jakarta;

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks

The Deed has been notified

by MOLHR Decree No. AHUAH.01.10-28681
date
September 09, 2011;

Company Registration No.

AHU0073147.AH.01.09.Tahun
2011 dated 09 September
2011;

Note:
The evidence of the registration of
deed No. 03/2011 with the company
registration office Jakarta.
5. Unanimous Written Resolution of
Shareholders in lieu of an
Extraordinary General Meeting of
Shareholders No.72 dated 11
September 2013 made before
Utiek R. Abdurachman, S.H., Mli.,
Mkn. A notary in Jakarta;
Note:
Please provide notification receipt
issued by MOLHR and company
registration certificate with the
company registration office Jakarta;
6. Unanimous Written Resolution of
Shareholders No. 47 dated 25
November 2013 made before
Ashoya Ratam, S.H., then a
Notary in Jakarta;

The Deed has been notified

by MOLHR Decree No. AHUAH.01.10-53184
date
December 09, 2013;

Company Registration No.

AHU0117516.AH.01.09.Tahun
2013 dated 09 December
2013;

Note:
Please provide the evidence of the
9

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
registration of deed 47/2013 with the
company registration office Jakarta.

(d) evidence of payment of capital contributions by

shareholders:
-

amount of authorized, issued and paid-up

capital; and

Type of issued shares.

Note:
Please
provide
documents
evidencing of payment of capital
contributions by the shareholders.

(e) Shareholdings
-

Any share option agreements or

arrangements and/or pre-emptive rights
and/or conversion rights over the DUS's
share capital including purchase plans,
warrant arrangements and employees
stock ownership or a bonus plans;

Any pledges documents over the share

capital of the Company;

Any documents related to Companys

share transfer, including it Sales and
Purchase Agreement and all the approval
from General Meeting of Shareholder;

Shareholdings
1. Deed No.29/2001

Deed of Share Sale and

Purchase
No
9853/Waar/V/2001,
made
before Agus Madjid, S.H.,
then a Notary in Jakarta;

Deed of Share Sale and

Purchase
No
9854/Waar/V/2001,
made
before Agus Madjid, S.H.,
then a Notary in Jakarta;

Deed of Share Sale and

Purchase
No
9855/Waar/V/2001,
made
before Agus Madjid, S.H.,
then a Notary in Jakarta;

Deed of Share Sale and

Purchase
No
9856/Waar/V/2001,
made
before Agus Madjid, S.H.,
10

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
then a Notary in Jakarta.
Note:
Please provide us with a notification
receipt issued by MOLHR.
2. Deed of Minutes of Meeting
No.22 dated August 20, 2003,
made before Veronica Liliy
Dharma, S.H., then a Notary in
Jakarta;

Minutes of General Meeting

of Shareholder approving the
transfer of shares in the
Company dated 20 August
2003;

The Deed has been notified

by MOLHR Decree No. CUM.02.01.14183
date
September 10, 2003;

Company
Registration
Certificate
at
Company
Registration Office Central
Jakarta dated October 10,
2003.

Sales
and
purchase
agreement
(underhand)
made by and between
Marlena and Anton dated
August 20, 2003.

3. Deed of Meeting Resolution No.

21 dated December 15, 2003
made before Veronica Liliy
Dharma, S.H., then a Notary in
Jakarta

The Deed has been notified

by MOLHR Decree No. CUM.02.01.1709
date
February 13, 2004;

Company

Registration
11

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
Certificate
at
Company
Registration Office Central
Jakarta dated 30 March
2004;
Note:
Please provide us with share sale
and purchase for deed No. 21/2003.
.
4. Deed No. 05 dated 26 May 2005
made before Veronica Liliy
Dharma, S.H., then a Notary in
Jakarta

The Deed has been notified

by MOLHR Decree No. CUM.02.01.8126 date June
13, 2005;

Share Sale and Purchase

dated May 10, 2005;

Note:
Please
provide
us
Company
Registration Certificate at Company
Registration Office Jakarta for Deed
No05/2005;
5. Statement of Meeting Resolution
No. 07 dated May 02, 2006
made before Eliwaty Tjitra, S.H.,
then a Notary in Jakarta;

The Deed has been notified

by MOLHR Decree No. CUM.02.01.7439 date May 08,
2006;

Company registration dated

August, 28, 2006.

6. Deed No. 224/2007:

Deed of Shares Sale and

Purchase No.67 dated 14
December 2007;

Unanimous
Written
Resolution of the Board of
Directors of PT DUS date10
December 2007;
12

By BUDIARTO Law Partnership

Document

Any shareholders agreements and/or joint

venture agreement;

Shareholders Register and Special Share

Register of DUS; and

Status Date
Date
Received

Remarks

Circular
Resolution
of
Shareholders of PT DUS
dated 10 Dec 2007;

Deed of Share Sale and

Purchase dated 10 Dec 2007
no. 67 between PT PIP, PT
ST, Nugroho Singgih, Gandy
Rahrdaja and FEAP Limited.

Note:
Please provide us with the current
Shareholders register and Special
Share Registrar.

Share Certificates or Collective Share

Certificates issued by DUS.

1. Far East Agri Private Limited s

Collective
Share
Certificate
representing 3712 shares, share
numbers 89089 to and including
92800 issued in the name of
Gandy Rahardja dated 15
February 2008 ;
2. Sunny
George
Vergheses
collective
Share
Certificate
representing 928 shares share
numbers 88161 to and including
89088 issued in the name of
Gandy Rahardja dated 15
Ferbruary2008;

(f)

Details of Directors and Commissioner:

Manoj Velayudha Marar (President

Director),
Arya
Arvind
Kumar
(Director), Sharma Anjani Kumar
(Director)

Note :

Identity Card/Passport

Please provide copy of identity

card/passport of the Director/ name
as mentioned above
-

Tax File Number

Manoj Velayudha Marar (President

Director) : 09.141.839.2-019.000

13

By BUDIARTO Law Partnership

Status Date
Date
Received

Document

Remarks
Arya Arvind Kumar (Director) :
88.795.152-3-522.000
Sharma Anjani Kumar (Director) :
Note :
We havent receive NPWP number
for Sharma Anjani Kumar

Statement
latter
relinquishment (if any)

for

citizenship

Statement Letter for change of name (if

any)

Afiliates List and its details (if any)

(g) Legal Entity Shareholder:

-

the
holding
company's
Deed
of
Establishment, the Articles of Association;
and evidence of registration of the Deed of
Establishment;

Deed of Articles of Association of Far

East Agri PTE, LTD. Dated 16 August
2007;

the deed was approved by

Ministry of Foreign Affairs
Singapore dated 3 April 2014;

Any amendments to the Articles and

evidence of approval of the Articles by the
MOLHR;
Deeds which prove the structure of BoD
and BoC of the holding company;

Details of Directors and Commissioner:

License/regulatory Compliance (such as

Company Registration/TDP, Companys
Operating License/SIUP and Tax File
Number/NPWP).

(h) Individual Shareholders:

Note:
Please provide passport of Sunny
George Vergheses.

ID Card/ Passport;

Tax File Number;

14

By BUDIARTO Law Partnership

Status Date
Date
Received

Document

(i)

II.

Statement
latter
relinquishment (if any)

for

Statement Letter for change of name (if

any)

Remarks

citizenship

Acknowledgement Letter of DUSs Annual

Financial
Statements
(Surat
Tanda
Penerimaan Laporan Keuangan Tahunan
Perusahaan/STP-LKTP)
issued
by
the
Directorate of Business and Company
Registration

LICENSES/REGULATORY COMPLIANCE
Licenses held by DUS:
(a)

the Company Registration Certificate for Head

and Branch Office;

1. TDP
No.
09.05.1.71.41167
issued on October 10, 2003 valid
until June 25, 2006;
2. TDP
No.
09.05.1.15.41167
issued on March 30, 2004 valid
until June 25, 2006;
3. TDP
No.
09.05.1.15.41167
issued on June 28, 2011 valid
until June 25, 2011;
4. TDP
No.
09.05.1.15.41167
issued on 7 December 2007
valid until June 25, 2011;
5. TDP
No.
09.05.1.15.41167
issued on January 15, 2008 valid
until January 15, 2013;
6. TDP
No.
09.03.1.15.60177
issued on April 30, 2009 valid
until January 15, 2013;
7. TDP
No.
09.03.1.10.60177
issued on July 21, 2011 valid
until January 15, 2013;
8. TDP No.
09.03.1.10.60177
issued on January 7, 2013 valid
until January 15, 2018;
9. TDP
No.
09.03.1.10.60177
issued on February 25, 2015
valid until January 15, 2018.
15

By BUDIARTO Law Partnership

Document
(b)

Any documents or permits issued by

Department of Trade which is related to DUSs
trading activities;

Status Date
Date
Received

Remarks
1. Letter
No.
6475/DAGLU.4.2/XI/2003
for
Import
Goods
issued
by
Department of Industrial and
Trade dated November 21, 2003
with attachment;
2. Letter
No.
245/DAGLU.4.2/I/2004
for
Import
Goods
issued
by
Department of Industrial and
Trade dated January 12, 2004
with attachment;
3. Letter
No.
883/DAGLU.4.2/II/2004
for
Country of Origin Amendment
issued
by
Department
of
Industrial and Trade dated
February 6, 2004;
4. Letter
No.
2885/DAGLU.42/V/2004 for Extension Letter
No.
245/DAGLU.4.2/I/2004
issued
by
Department
of
Industrial and Trade dated May
28, 2004;
5. Letter
No.
2487/DAGLU.4.2/IV/2004
for
Port of Destination Amendment
issued
by
Department
of
Industrial and Trade dated April
28, 2004;
6. Letter
No.
4620/DAGLU.4.2/IX/2004
for
Second Extension of Letter No.
245/DAGLU.4.2/I/2004
issued
by Department of Industrial and
Trade dated September 1, 2004;
7. Letter
No.
6645/DAGLU.4.2/XII/2004
for
Import
Goods
issued
by
Department of Industrial and
Trade dated December 29, 2004
with attachment;
8. API-T Holder (DUS) for Sugar
dated March 18, 2005 and valid
16

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
until March 17, 2010
9. API-T
Holder
(DUS)
for
Electronic and its Components
dated February 26, 2004 and
valid until February 24, 2009
10. API-T
Holder
(DUS)
for
Electronic and its components
(Extension and Amendment)
dated March 18, 2009
11. API-T Holder (DUS) for Sugar
(Amendment) dated March 25,
2009
12. API-T Holder (DUS) for Sugar
(Amendment) dated January 21,
2008
13. API-P (Angka Pengenal Importir
Produsen) No. 090500712-B
issued by Ministry of Trade
dated September 10, 2012;
14. Trade Business License (SIUP)
No.
1.420/09-01/PB/V/2001
dated 29 May 2001
15. Trade Business License (SIUP)
No. 0351/1.824.51 dated 10
February 2004
16. Trade Business License (SIUP)
No. 02551/1.824.271 dated 14
June 2006
17. Trade Business License (SIUP)
No. 05088/1.824.271 dated 3
December 2007

(c)

Any documents or permits related to Import /

Export activities;

1. Recommendation Letter for Raw

Sugar Importer Producer No.
27/IAK/IV/2005
issued
by
Directorate General of Chemical
and Agro Industry dated April 25,
2005

Application
Letter
for
Recommendation
No.
050/Dir-DUS/DagluIndag/III/05 dated March 23,
17

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
2005 issued by DUS
2. Acknowledgement of Importer
Producer for Raw Sugar No.
504/DAGLU/IP/5/2005
dated
May 20, 2005;
3. Letter for Securitization of Import
Raw Sugar No. 511.1/2942
issued
by
Department
of
Industrial
and
Trade
on
September
2005
(date
unknown);
4. Acknowledgement of Importer
Producer for Raw Sugar No.
927/DAGLU/IP/9/2005
dated
September 29, 2005;
5. Recommendation Letter for Raw
Sugar Importer Producer No.
577/IAK/V/2006
issued
by
Directorate General of Chemical
and Agro Industry dated May 15,
2006

Application
Letter
No.
018/Dir-DUS/IKAHH/IV/06 for
Recommendation of IP Raw
Sugar issued by DUS dated
May 18, 2006

6. Acknowledgement of Importer
Producer for Raw Sugar No.
495/DAGLU/IP/7/2006
dated
July 3, 2006;
7. Recommendation Letter for Raw
Sugar Importer Producer No.
1369/IAK/12/2006 issued by
Directorate General of Chemical
and
Agro
Industry
dated
December 22, 2006

Application
Letter
for
Recommendation
No.
049/Dir-DUS/IKAHH/XI/06
dated November 20, 2006
issued by DUS

8. Acknowledgement of Importer
Producer for Raw Sugar No.
18

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
32/DAGLU/IP/1/2007
January 11, 2007;

dated

Application
Letter
for
Importation of IP Raw Sugar
No. 001/Dir-DUS/Daglu/I/07
dated January 5, 2007

9. Recommendation Letter for Raw

Sugar Importer Producer No.
1151/IAK/09/2007 issued by
Directorate General of Chemical
and
Agro
Industry
dated
September 24, 2007
10. Acknowledgement of Importer
Producer for Raw Sugar No.
576/DAGLU/IP/11/2007
dated
November 5, 2007;

Application
Letter
for
Importation of IP Raw Sugar
No. 017/Dir-DUS/Daglu/X/07
dated 1 October 2007

11. Letter of Distribution for Raw

Sugar No. 1357/IAK/11/2007
dated November 19, 2007
12. Acknowledgement of Importer
Producer for Raw Sugar No.
04.IP-04.12.0083
dated
December 18, 2012;
13. Acknowledgement of Importer
Producer for Raw Sugar No.
04.IP-04.13.0099 dated April 12,
2013;
14. Acknowledgement of Importer
Producer for Raw Sugar No.
04.IP-04.13.0114 dated June 21,
2013;
15. Acknowledgement of Importer
Producer for Raw Sugar No.
04.IP-04.13.0126
dated
November 19, 2013;
16. Acknowledgement of Importer
Producer for Raw Sugar No.
04.IP-04.13.0135
dated
19

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
December 13, 2013;
17. Acknowledgement of Importer
Producer for Raw Sugar No.
04.IP-04.14.0004 dated March
10, 2014

(d)

Any documents or permits issued by the

Indonesian Customs and Excise;

1. Notification
Letter
for
Registration
No.
S011339R/BC.1/2004 issued by
Indonesian Customs and Excise
dated August 31, 2004;
2. Notification
Letter
for
Explanation of GB Bond No.
S/1919/BC.2/2005 issued by
Indonesian Customs and Excise
dated August 31, 2005
3. Customs and Excise Number
01.011339 issued by Directorate
General of Customs and Excise
dated October 31, 2011
4. Customs and Excise Number
01.011339 issued by Directorate
General of Customs and Excise
dated October 11, 2012

(e)

Taxpayer Registration Number (Nomor Pokok

Wajib Pajak) for Head and Branch Office;

1. NPWP number 02.062.239.5022.000 (DUS Office at Menara

Batavia)
2. NPWP number 02.062.239.5073.000
(DUS
Office
at
Gandaria Office 8)
3. NPWP number 02.062.239.5522.001 (Manufacture)
4. Notification
Letter
No.
S1934/WPJ.06/KP.1005/2004 for
Free Income Tax (PPh) issued
by Directorate General of
Taxation dated September 27,
2004
5. Notification
Letter
No.
S.995/WPJ.06/KP.1010/2006 for
Equalization of Income Tax
(PPh) Article 22 Import and PPN
Import issued by Directorate
20

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
General of Taxation dated July
11, 2006

(f)

Certificate of Company Domicile for Head and

Branch Office;

1. Certificate of Company Domicile

No. 71/1.824/11/2001 dated 11
May 2001 valid until May 11,
2002
2. Certificate of Company Domicile
No. 503/085/VIII/2004 dated
August 24, 2004 and valid until
August 24, 2005 (Branch Office
in Cilacap)
3. Certificate of Company Domicile
No. 182/1.824/IX/2004 dated
September 23, 2004 valid until
September 23, 2005;
4. Certificate of Company Domicile
No.
117/1.824/2005
dated
October 25, 2005 valid until
October 25, 2006;
5. Certificate No. 191/1.824/2006
dated May 16, 2006
6. Certificate of Company Domicile
No.
503/094/IX/2006
dated
September 9, 2006 valid until
September 9, 2007;
7. Certificate No. 443/1.824/2007
dated October 30, 2007
8. Certificate of Company Domicile
No.
443/1.824/2007
dated
October 30, 2007 valid until
October 30, 2008;
9. Certificate of Company Domicile
No.
005/1.824/2008
dated
January 7, 2008 valid until
January 7, 2009;
10. Certificate of Company Domicile
No. 242/1.824/2011 dated June
10, 2011 valid until June 10,
2012;
11. Certificate of Company Domicile
No. 175/1.824.1/10 dated July 6,
21

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
2010 valid until July 6, 2011;
12. Certificate of Company Domicile
No. 244/1.824/2012 dated May
30, 2012 valid until May 30,
2013;
13. Certificate of Company Domicile
No. 319/1.824/2013 dated May
2, 2013 valid until May 2, 2014;
14. Certificate of Company Domicile
No. 187/1.824/2014 dated April
15, 2014 valid until April 15,
2015
15. Certificate of Company Domicile
No. 2959/27.1.1/31.74.05.1001/1755.13/2015 dated April 16,
2015 valid until April 16, 2016

(g)

Taxable Entrepreneur Number (Pengusaha

Kena Pajak);

1. Statement of Tax Registration

No.
PEM
95/WPJ.04/KP.1003/2001 issued
by Directorate General of
Taxation dated June 14, 2001
2. Statement of Tax Registration
No.
PEM025/WPJ.05/KP.0503/2001
issued by Directorate General of
Taxation dated May 16, 2001
3. Letter of Taxable Entrepreneur
Number
No.
PEM212/WPJ.05/KP.1103/2003
issued by Directorate General of
Taxation dated October 1, 2003
4. Statement of Tax Registration
No.
PEM61/PB/WPJ.05/KP.1103/2003
issued by Directorate General of
Taxation dated September 30,
2003
5. Moving
Letter
No.
PEM924/WPJ.06/KP.0803/2003
issued by Directorate General of
Taxation dated September 30,
2003

22

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
6. Notification
Letter
No.
S212/WPJ.05/KP.1103/2003
regarding Tax Invoice dated
October 1, 2003
7. Moving
Letter
No.
PEM795/WPJ.06/KP.0903/2004
issued by Directorate General of
Taxation dated August 26, 2004;
8. Statement of Tax Registration
No.
PEM01725/WPJ.06/KP.1203/2008
issued by Directorate General of
Taxation dated July 21, 2008
9. Statement of Tax Registration
No.
PEM01726/WPJ.06/KP.1203/2008
issued by Directorate General of
Taxation dated July 21, 2008
10. Letter of Taxable Entrepreneur
Number
No.
PEM00151/WPJ.06/KP.1203/2011
issued by Directorate General of
Taxation dated June 24, 2011;
11. Statement of Tax Registration
No.
PEM00150WPJ.06/KP.1203/2011
issued by Directorate General of
Taxation on June 24, 2011;

(h)

Organization Chart of DUS;

(i)

Nuisance permit (or HO (Hinder Ordonnantie)).

Nuisance
Permit
No.
503/011/I/27/2004 issued by Cilacap
Local Government dated January 27,
2004

(j)

Business Location Permit (SITU);

Decree of Cilacap Regent No.

503/002/35/Tahun
2004/Cp.
Regarding Building Construction
Permit on January 2004 (date
unknown)

(k)

Any permits or registrations required by

Regional government rules or regulations;

Investment Licenses:

23

By BUDIARTO Law Partnership

Status Date
Date
Received

Document
(a)

Foreign Investment Approvals, Principle

License including all its amendments;

Remarks
1. Approval
of
Office
Address
Amendment issued by Investment
Coordinating Board (BKPM) dated
July 13, 2011;
Principle
License
No.
1145/I/IP/PMA/2014 dated April
14, 2014 issued by Investment
Coordinating Board (BKPM)
Note:
Please Provide:
1. Laporan Kegiatan Penanaman
Modal Semester I Tahun 2005;
2. Surat Persetujuan Penanaman
Modal Dalam Negeri No.
94/I/PMDN/2001 tanggal 04 Juni
2001
jis.
297/B.2/A.6/2003
tanggal 20 tahun 2003;
3. No. 73/III/PMDN/2004 tanggal
22 Juni 2004.

(b)

Domestic Investment
amendments;

Approvals

and

its

1. Letter of Approval of Domestic

Investment issued by Investment
Coordinating Board (BKPM) No.
94/I/PMDN/2001 dated 4 July
2001;
2. Letter of Approval for Expansion
of Domestic Investment issued
by Investment
Coordinating
Board
(BKPM)
No.
75/II/PMDN/2001
dated
11
December 2001;

(c)

Periodic Investment Activity Report (Laporan

Kegiatan Penanaman Modal);

Investment Activity Report (LKPM)

Semester I year 2007 dated 3
September 2007
Note:
Please provide DUS LKPM from
2007 until 2015.

(d)

Business Licenses (Izin Usaha) issued by the

Indonesian Investment Coordinating Board
(Badan Koordinasi Penanaman Modal);

1. Industrial Business License No.

583/T/INDUSTRI/2005 dated 7
July 2005

24

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
2. Industrial Business License No.
322/T/INDUSTRI/2009 dated 2
April 2009
Note:
Please provide:
1. Persetujuan Perubahan Status
Perusahaan PMDN menjadi
PMA
No.
236/V/PMA/2007
tanggal 3 Desember 2007 dan
2. Sk BKPM No. 371/B.3/A.9/2008
tanbggal 19 agustus 2008.

(e)

Investment Facilities;

1. Letter No. 224/Pabean/2004 for

Import Duty Facility issued by
Investment Coordinating Board
(BKPM) dated 2 August 2004
2. Letter No. 244/Pabean/2005 for
Import Duty Facility issued by
Investment Coordinating Board
(BKPM) dated 21 July 2005
3. Letter No. 242/Pabean/2006 for
Import Duty Facility issued by
Investment Coordinating Board
(BKPM) dated 26 July 2006
4. Letter No. 48/A.6/2007 for
Extension Application of Import
Duty
Facility
issued
by
Investment Coordinating Board
(BKPM) dated 5 April 2007

Application
Letter
for
Extension Application Import
Duty Facility issued by DUS
No.
05/DUS-Dir/III/2007
dated 15 March 2007

5. Extension of Import Duty Facility

Period for DUS issued by
Investment Coordinating Board
(BKPM) No. 326/Pabean/2007,
dated 26 October 2007
(f)

Any permits or registrations issued or granted

by the Indonesian Investment Coordinating

1. Letter of Clarification for BKPM

Letter of Approval issued by
25

By BUDIARTO Law Partnership

Document
Board;

Status Date
Date
Received

Remarks
Investment Coordinating Board
(BKPM) No. 101/B.3/A.7/2003
dated 25 July 2003
2. Letter of Amendment of Limited
Importer Identification Number
(APIT)
No.
440/APIT/2003
PMDN issued by Investment
Coordinating Board (BKPM)
dated 15 October 2003
3. Letter of Amendment of Limited
Importer Identification Number
(APIT)
No.
440/APIT/2003
PMDN issued by Investment
Coordinating Board (BKPM)
dated 14 November 2003
4. Letter
of
Approval
for
Amendment of Project Location
No. 297/B.2/A.6/2003 issued by
Investment Coordinating Board
(BKPM) dated 20 October 2003
5. Letter of Approval for Change of
Office
Address
No.
120/B.3/A.7/2003 issued by
Investment Coordinating Board
(BKPM) dated 27 October 2003
6. Letter of Approval for Extension
of Project Completion No.
73/III/PMDN/2004 issued by
Investment Coordinating Board
(BKPM) dated 22 June 2004
7. Letter
of
Assignment
for
Machinery
Verification
No.
141/B.3/A.6/2004 issued by
Investment Coordinating Board
(BKPM) dated 21 June 2005
8. Letter of Approval for Change
Status from PMDN into PMA No.
236/V/PMA/2007
issued
by
BKPM dated
9. Letter of Approval for Status
Amendments from PMDN into PMA
issued by Investment Coordinating
Board (BKPM) No. 236/V/PMA/2007
dated 3 December 2007
26

By BUDIARTO Law Partnership

Status Date
Date
Received

Document

Remarks
10. Letter of Approval for Change of
Office
Address
No.
371/B.3/A.9/2008 issued by
Investment Coordinating Board
(BKPM) dated 19 August 2008
11. Letter of Limited Importer
Identification
Number
No.
25/APIT/2008/PMA issued by
Investment Coordinating Board
(BKPM) dated 18 January 2008
12. Letter of Approval for Change of
Office
Address
No.
142/1/IU/III/PMA/INDUSTRI/201
1
issued
by
Investment
Coordinating Board (BKPM)
dated 13 July 2011

Environmental and Safety Matters:

(a)

Environmental License (Izin Lingkungan)

(b)

All licenses and consents held by the

Company concerning the protection of the
environment and workplace security

(c)

Governmental approvals on the documents of:

(i) AMDAL which consist of (i) Study of
Environmental Impacts (Analisa Dampak
Lingkungan); (ii) Environment Management
Plan (Rencana Pengelolaan Lingkungan) and;
(iii) Environment Monitoring Plan (Rencana
Pemantauan
Lingkungan);
or
(ii)
Environmental Management Effort (Usaha
Pengelolaan Lingkungan or UKL) and the
Environmental Monitoring Effort (Usaha
Pemantauan Lingkungan or UPL);
License

Decree of Cilacap Regent No.

590/460.a/02/Tahun 2003 regarding
Location Permit for Sugar Factory
with 1.5 HA (Hectares) in
Tambakreja dated 10 December
2003

(d)

Liquid
Waste
Disposal
Pembuangan Limbah Cair);

(e)

Approval and Permit for the utilization,

management, processing, storage, and
transportation of Hazardous and Toxic

Note:
Please provide us with UKL and UPL
that has been approved pursuant to
approval No. 660.1/0879/37/2008
dated December 11, 2008.

(Izin

27

By BUDIARTO Law Partnership

Status Date
Date
Received

Document

Remarks

Material;
(f)

Any permits or registrations required by

regional Government rules or regulations;

Licenses
Activities

III.

Related

to

Plantation

Business

(a)

Location Permits (Izin Lokasi);

(b)

Approval from the Department of Forestry on

the utilization and/or relinquishment of forest
area (if any);

(c)

Plantation Business License (IUP-B / IUP-P /

IUP);

(d)

Any permits or registrations required by

Regional government rules or regulations;

ASSETS
Land
(a)

List of all real property owned or occupied by

DUS specifying type of license of ownership,
type of land rights, place, extent, and the
expiry dates of land rights;

1. Deed of Sale and purchase

agreement
No.891/Keb.Baru/1997;
2. Property rights on apartment
units No. 90/I/II province Jakarta,
regency South Jakarta, district
Kebayoran Baru, sub-district
Pulo dated 12 September 1997;
3. Rights of Ownership No.46
Province
Jakarta,
Central
Jakarta, district Sawah Besar
sub district Gunung Sahari Utara
dated 9 July 1996 under the
name of Khouw Lena isteri
Liauw SE Yoeng;
4. Handover agreement land use
rights of port management
section a period of 20 years No.
HK.0501/07/TNT-2004 dated 26
January 2004 valid until 31
December 2023;
5. Handover agreement land use
rights of port management
28

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
section a period of 20 years No.
HK.0501/08/TNT-2004 dated 26
January 2004 valid until 31
December 2023;
6. Handover agreement land use
rights of port management
section a period of 10 years No.
HK.0501/992/TNT-2005
dated
30December 2005 valid until 31
March 2015;
7. Right to Build No.797 Province
West Java, Tangerang, Distric
Ciledug, Sub-district Karang
Muly dated 25 July 1997 valid
until 18 June 2015;
8. Right to Build No.800 Province
West Java, Tangerang, Distric
Ciledug, Sub-district Karang
Muly dated 25 July 1997 valid
until 24 Sept 2025;
9. Right
to
Build
No.00811
Province Central Java, Cilacap,
Distric South Cilacap, Subdistrict TambakReja dated 13
March 2007 valid until 31
December 2023;
10. Right to Build No.787 Province
West Java, Tangerang, Distric
Ciledug, Sub-district Karang
Muly dated 26 June 2004 valid
until 31 December 2023;
11. Right
to
Build
No.00812
Province West Java, Tangerang,
Distric
Ciledug,
Sub-district
Karang Muly dated 15 February
2007 valid until 31 December
2023;
12. Rights of Ownership No.1026
Province Jakarta, West Jakarta,
district Palmerah sub district Jati
Pulo dated 28 December 1978,
registered under the name of Juli
Josette;
Note:
29

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
Please
provide
documents:

the

following

(a)

The extension of Certificate

HMSRS No. 90/90/I/II/pulo
for apartment unit No. 90/I/II;

(b)

The extension of right to build

No.797/1997;

(c)

Right to build certificate

No.510 and its extension;

(b)

Copies of land title deeds (certificates) and

situation drawings/deeds of relinquishment/
surat girik, and all leases and sub-leases, of
land building or office space if any;

Handover agreement land use rights

of port management section a period
of
20
(twenty)
years
No.
HK.0501/07/TNT-2004
dated
26
January 2004 Valid until 31
December 2023

(c)

Encumbrances, if any, on land/building (e.g.

(mortgages));

1. POA of grating of security rights

No. 08 dated 9 December 2003
between PT DUS and Pt Bank
Danamon Indonesia, Tbk;
2. POA of grating of security rights
No. 09 dated 10 December 2003
between PT DUS and Pt Bank
Danamon Indonesia, Tbk
3. POA of Grating of Security
Rights No. 10 dated 10
December 2003 between PT
DUS
and
PT
Danamon
Indonesia, Tbk.
4. Security Rights No. 8831
Province Central Java, Cilacap
dated 21 Aug 2004;
5. Security Rights No.3082/2003
Province Jakarta, South Jakarta
dated 25 Dec 2003;
6. Security Rights No. 386/2004
Province
Jakarta,
Central
Jakarta dated 04 march 2004;
7. Security Rights No. 385/2004
Province
Jakarta,
Central
Jakarta, District Sawah Besar,
30

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
sub-district Gunung Sahari Utara
dated 04 March 2004;
8. POA of grating of security rights
No. 07 dated 09 December
2003;
9. Security
Rights
Province Banten,
dated 08 Jan 2004;

No.
145
Tangerang,

10. Security Rights No. 183 province

Banten, Tangerang dated 23 Jan
2004;
11. Security Rights No. 8831
province Central Java, Cilacap
dated 21 August 2004;
Other Assets
(d)

Details of other assets (movables) of DUS:(i.e.,

list of inventory, list of equipment, machinery
and vehicles);

Details List of PT DUS Fixed AssetsEquipment as per July 31, 2007;

(e)

Certificates of Intellectual Property Rights,

including Trademark, Patent, Copyrights, and
Industrial Design or other intellectual property
rights (i) owned or (ii) used by DUS and any
licenses taken or granted or registered user
agreements and countries of registration;

Note:

(f)
IV.

Please
provide
us
with
the
documents of Intellectual Property
Rights

Details of any royalties, or any other exclusive

rights. (if any);

LOANS, FOREIGN CURRENCY TRANSACTIONS

AND GUARANTEES
(a)

list of any loans made by or to DUS (including

shareholder loans); and

1. Joint Financing dated 18 Dec

2003 between PT DUS with PT
Suryatama
Tigamitra
as
amended pursuant to Joint
Financing dated 1 June 2005
and lastly amended by Joint
Financing dated 04 Dec 2006
between PT DUS with PT
Suryatama Tigamitra valid until
04 Dec 2007;
Note:
Please confirm whether this loan
31

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
arrangement is still exist.
2. Approval of Credit Facility
beetwen PT DUS with PT Bank
Danamon dated 13 Mei 2003
No. B.732.S.CBD;

Deed of Meeting Resolution

No. 23, dated 20 August
2003, under Veronica Lily
Dharma, S.H. Notary in
Jakarta;

Commissioner Approval letter

dated 20 August 2003 re.
bank loan from PT Bank
Danamon Indonesia Tbk

Approval
of
extension
availability Period dated 3
Dec 2003 No. B.2588.S.CBD;

Technical and operational

implementation
Pick
Up
Service (withdraws) by third
party;

Cooperation
agreement
between PT Bank Indonesia,
Tbk and PT DUS;

Approval
of
extension
availability Period Tranche II
dated 21 April 2004 No.
B.650.S.CBD;

Revised Offering Letter to

Restructure
DUS
Loan
Facilities dated May 25,
2005;

Note:
Please confirm whether this loan
arrangement is still exist.
(b)

any guarantees, indemnities or security

granted by DUS or by any shareholder or third
party in respect of any liability of DUS (e.g.,
Fiduciary Transfer Agreement(s) (FTA),
Acknowledgement of Indebtedness (AOI),

1. Deed of Fiduciary Guaranty

(Machine) No. 69 dated 31 Mei
2005 between DUS and PT
Bank Danamon, Tbk;

32

By BUDIARTO Law Partnership

Document
Mortgage, Assignment of Receivables, Pledge,
etc.).

Status Date
Date
Received

Remarks
2. Deed of Grant Agreement
guaranties
(Receivables
Guarantor) No. 79 dated 31 May
2005;
3. Deed of Grant Agreement
Guaranties
(Receivables
Guarantor) No. 80 dated 31 May
2005;
4. Deed of Grant Agreement
Guaranties
(Receivables
Guarantor) No. 81 dated 31 May
2005;
5. Acknowledgement
of
Indebtedness dated 2 May 2006
on Joint Financing dated 18 Dec
2003 between PT DUS with PT
Suryatama Tigamitra;
6. Cessie Deed No.66 dated 10
Deed of Fiduciary Dec 2007
7. Addendum to Share Sale and
Purchase
Agreement
and
Shareholder Loan Sale and
Purchase
Agreement
10
December 2007;
8. POA No. 68, 69,70, 72 deed 10
December 2007;
9. Cessie Deed No. 65 dated 10
Dec 2007 between PT Bank
Danamon Indonesia Tbk and
Olam International Limited;
10. Deed of fiduciary guarantee
(inventory and/or receivable)
dated 16 May 2006 No. 27;
Note:
Note:
Please provide us with Loan Sale
and Purchase Agreement dated
October 1, 2007 made by and among
PT Prima Indah Perkasa, PT
Suyatama Tigamitra, Mr. Nugroho
Singgih, Mr. Gandy Rahardja, Far
East Agri and Mr. Sunny George.
33

By BUDIARTO Law Partnership

Document
V.

Status Date
Date
Received

Remarks

BANKING ARRANGEMENTS
(a)

names and addresses of DUS's bankers;

(b)

details of bank accounts operated and DUSs

authorized signatories; and

(c)

any secured or unsecured overdraft or other

loan facilities security granted for loans (e.g.,
debentures, mortgages, charges or other).

PT Bank Danamon Indonesia, Tbk,

with address at Menara Bank
Danamon Lt. 5, Jl. Prof. Dr. Satrio
Kav. E4/6

1. Letter for re-conveyance from

PT Bank Danamon dated 10
December 2007
2. Letter of Notification from PT
Bank
Danamon
No.
01100196520401
dated
4
August 2004
3. Letter of Notification from PT
Bank
Danamon
No.
011001965620402 dated 31
August 2004
4. Letter of Notification from PT
Bank
Danamon
No.
01100196520403
dated
28
September 2004
5. Letter of Notification from PT
Bank
Danamon
No.
01100196520404
dated
4
November 2004
6. Letter of Notification from PT
Bank
Danamon
No.
01100196520406
dated
17
December 2004

VI.

INSURANCE
All of the existing Insurance policies of DUS. Please
include details of outstanding and refused/rejected
claims;

All Risk Insurance :

Policy
No.
JK-R02-00-2007-0200000140-000
Insurance Period : 365 days starts
from 1 February 2007 until 5 January
2008
Occupancy : Sugar Factory
Total

Sum

Insured
34

Rp

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
215.700.000.000

VII.

Invoice
No.
JK.2007-02-0100000459 issued by Reliance
Insurance to DUS dated 26
February 2007

Total Amount : Rp. 485.352.000,-

TAXATION
Land and building tax receipts;

1. Notification Letter for Land and

Building
Tax
No.
973/468/31.3/2005
dated
2
September 2005 in Cilacap
2. Tax Receipt dated 3 January
2005 with due date 30
September 2005
3. Tax Receipt dated 3 January
2006 with due date 30
September 2006
4. Tax Receipt dated 8 January
2007 with due date 28
September 2007

VIII.

IX.

FINANCIAL STATEMENTS
(a)

audited report; or

(b)

unaudited report;

DUSs proforma balance sheet per 2

May 2006

EXISTING CONTRACTS, COMMITMENTS AND

MISCELLANEOUS AGREEMENTS WITH THIRD
PARTIES
(a)

agency, distributor, joint venture, partnership or

similar agreements;

(b)

sales contracts;

Corporation Agreement between PT.

(Persero) Pelabuhan Indonesia III
Cabang Tanjung Intan with PT DUS
regarding operation Refined Sugar
Factory at Tanjung Intan Port No.
HK.0501/09/TNT-2004
dated
26
January 2004

35

By BUDIARTO Law Partnership

Status Date
Date
Received

Document
(c)

supply contracts;

(d)

hire purchase, credit sale or leasing contracts

for vehicles and equipment;

(e)

consulting,
contracts;

(f)

contracts
with
shareholders,
directors,
commissioners and key employees;

technical

and

other

Remarks

service

OUTSTANDING OR POTENTIAL
X.

LITIGATION AND CLAIMS

(a)

claims by third parties against DUS, claims by

DUS against third parties other litigation (court
filing) disputes with third parties. (Please
indicate DUSs potential liability); and

1. Claims by DUS against PT Bank

Danamon Indonesia, dated 22
September 2006 with Court
Order from South Jakarta
Supreme
Court
No.
1450/Pdt.G/2006/PN.Jkt.Sel
dated 29 November 2007

Settlement Plan dated 27

November 2007 between
DUS and PT Bank Danamon
Indonesia

2. Memorandum of Understanding
dated 10 December 2007
between DUS and PT Bank
Danamon Indonesia for Claim
Repeal
No.
1450/Pdt.G/2006/PN.Jkt.Sel
3. Deed of Determination (Akta
Penetapan) No. 126/2006 EKS
from Central Jakarta Supreme
Court;
4. Deed of Determination Akta
Penetapan)
No.
58/PEN.EKS/APHT/2006/PN.TN
G. from Tangerang Supreme
Court dated 6 December 2007
(b)

material non-compliance with applicable laws,

regulations or government policies.

36

By BUDIARTO Law Partnership

Document
XI.

Status Date
Date
Received

Remarks

EMPLOYMENT ARRANGEMENTS
(a)

list of employees and date of first hire;

Please provide us PT DUS list of

employees.
Please provide us PT DUS
mandatory Report on Manpower.

(b)

Mandatory Report on Manpower (Wajib Lapor

Tenaga Kerja or WLTK);

(c)

minimum wage paid to employees;

(d)

Certificate of Social Security (Jamsostek /

BPJS) and evidence of payment for the last 3
(three) months;

Please provide us PT DUS certificate

of social; security (Jamsostek/BPJS)

(e)

Manpower Plan (Rencana Penggunaan

Tenaga Kerja Asing), Foreigners Working
Permit (Izin Kerja Tenaga Asing) and Limited
Stay Permit (Kartu Izin Tinggal Terbatas) and
other required registration for expatriate
employees;

Please provide us PT DUS with the

document of manpower plan and
foreigners working permit and limited
stay permit, if any

(f)

outsourcing contract (if any);

(g)

Company Regulation or collective agreements;

Company Regulation PT DUS dated

01 July 2005;
Note:
Please provide us with the approval
of company regulation with the
Ministry of Manpower

XII.

(h)

existing and pending employee labor disputes;

(i)

Registration documents of the Labor Unions;

MISCELLANEOUS
Other material documents as DUS may provide or
BLP may request.

1.

Certificate of Inspection No.

3239465
issued
by
SUCOFINDO for Inspection of
used machinery and equipment
dated 24 December 2003 (date
of inspection = 31 October 2003,
2 November to 4 November
2003)

2. Decree of Ministry of Finance

No. 1114/KM.4/2005 regarding
License for Bonded Warehouse
(PPGB) to PT DUS dated 24
June 2005
37

By BUDIARTO Law Partnership

Document

Status Date
Date
Received

Remarks
3. Approval Letter No. 513/14918
for Raw Sugar Discharge issued
by Central Java Governor dated
14 October 2005
4. Approval Letter No. 513/19128
for Raw Sugar Discharge issued
by Central Java Governor dated
9 November 2006

Application
Letter
No.
048/DUS-Dir/Pemda/XI/06
issued by DUS to Central
Java Governor for Raw
Sugar Discharge dated 2
November 2006

5. Approval Letter No. 513/12791

for Raw Sugar Importation
issued by Central Java Governor
dated 31 August 2005

Application
Letter
No.
013/DUS-Plant/X/05 issued
by DUS to
Central Java
Governor dated 10 October
2005

38