ILD This Week: Legal Due Diligence in Banking Sector

Christina Desy
 
With the 1945 Constitution setting public welfare as one of the prioritized objectives of Indonesia’s founding fathers, the financial sector plays a critical role in realizing this goal. Comprised of banks and non-bank institutions, the financial sector provides capital to businesses, entrepreneurs and the public in general so that they can carry out business activities as part of developing the nation’s economy.
 
Compared to other financial institutions, banks have a more fundamental function, as they act as the country’s financial backbone. Not only do banks gather and distribute capital, they also provide other important services – different from other financial institutions that usually only focus on more limited activities.

As a highly regulated industry, each activity that a bank engages in is covered by a specific regulation. Activities such corporate actions and almost every transaction require people working in this industry to take extra precautionary steps before undertaking them.
 
With legal certainty the central theme of last week’s Indonesian Law Digest (ILD) covering legal due diligence (“LDD”) in the mining sector (See ILD No. 399), the need to discuss LDD in other sectors, such as the banking sector becomes relevant. Last week’s ILD on LDD in the mining sector looked at it through the step by step process of LDD, also highlighting checklists of items that must reviewed by those involved in a mining sector LDD.

Similarly, this week’s ILD will cover checklists for LDD in the banking sector (e.g. employment, assets, insurance, material agreements as well as litigation and disputes) with a focus on the following areas:
a. Bank deed of establishment and constitutional documents;
b. Bank licenses and approvals; and
c. Bank reporting.
 
This ILD can be read here
Christina Desy
 
With the 1945 Constitution setting public welfare as one of the prioritized objectives of Indonesia’s founding fathers, the financial sector plays a critical role in realizing this goal. Comprised of banks and non-bank institutions, the financial sector provides capital to businesses, entrepreneurs and the public in general so that they can carry out business activities as part of developing the nation’s economy.
 
Compared to other financial institutions, banks have a more fundamental function, as they act as the country’s financial backbone. Not only do banks gather and distribute capital, they also provide other important services – different from other financial institutions that usually only focus on more limited activities.

As a highly regulated industry, each activity that a bank engages in is covered by a specific regulation. Activities such corporate actions and almost every transaction require people working in this industry to take extra precautionary steps before undertaking them.
 
With legal certainty the central theme of last week’s Indonesian Law Digest (ILD) covering legal due diligence (“LDD”) in the mining sector (See ILD No. 399), the need to discuss LDD in other sectors, such as the banking sector becomes relevant. Last week’s ILD on LDD in the mining sector looked at it through the step by step process of LDD, also highlighting checklists of items that must reviewed by those involved in a mining sector LDD.

Similarly, this week’s ILD will cover checklists for LDD in the banking sector (e.g. employment, assets, insurance, material agreements as well as litigation and disputes) with a focus on the following areas:
a. Bank deed of establishment and constitutional documents;
b. Bank licenses and approvals; and
c. Bank reporting.
 
This ILD can be read here
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