- The Board of Directors of PT Bursa Efek Indonesia ("BEI") has issued Circular No. SE-00010/BEI/07-2023 ("Circular 10/2023"), which has been in force since 31 July 2023. Circular 10/2023 contains an elucidation of various provisions that relate to the listing of share and non-share equity securities, as issued by listed companies ("Listings").
- As a consequence, the previous framework to clarify Listings-related provisions, i.e. Circular of the BEI No. SE-00009/BEI/08-2022 ("Circular 9/2022"), was repealed and replaced upon the enforcement of Circular 10/2023.
- Broadly speaking, the provisions set out under Rule No. I-A as the Appendix to Decree of the Board of Directors of PT BEI No. KEP-00101/BEI/12-2021 ("Rule I-A") that have now been clarified under Circular 10/2023 are substantially similar to those that originally featured under Circular 9/2022 and address the following areas: 1) Free-float shares; 2) Pro-forma financial statements; and 3) Requirements for listed companies to remain listed on the BEI and/or the main board.
- However, Circular 10/2023 now includes a number of provisions under Rule No. I-V as the Appendix to Decree of the Board of Directors of PT BEI No. KEP-00104/BEI/07-2023 ("Rule I-V") as a part of the above-described clarified areas.
- Newly clarified under Circular 10/2023 are submissions of price stabilization reports through the additional allotment option for public offerings, as mandated under Rule I-A and Rule I-V, which should contain the following information at the least: 1) Transaction date; 2) Number of purchased shares; 3) Amount of accumulated shares that have been purchased and their percentage (up until the relevant reporting date); and 4) Value of accumulated shares that have been purchased (up until the relevant reporting date).
- In addition, Circular 10/2023 has also now clarified that the submission of any share distribution evidence to relevant shareholders, as mandated under Rule I-A and Rule I-V, should include the following information at the least: 1) Single investor identification number; 2) Names of shareholders; 3) Number of shares obtained by each shareholder; 4) Percentage of shares obtained by each shareholder; and 5) Total number of shares resulting from the allotment.
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