Senin, 23 Juni 2014

Requirements to Become a Legal Consultant Capital Markets

According to Annex Decision of the Chairman of the Capital Market Supervisory Agency and Financial Institution Number: KEP-16/BL/2011 About Registration Legal Consultant who is operating in the Capital Markets ("Bapepam"), Capital Market Legal Consultants is a legal consultant who has obtained the registered mark Bapepam-LK to conduct activities in the capital market.

Legal consultants who conduct activities in the capital market must be registered with Bapepam-LK and meet the following requirements:
a. Indonesian citizen;
b. Member of the Association of Capital Market Legal Consultants ("HKHPM"). HKHPM is a professional organization of practicing lawyers who specialize in the field of Capital Markets;
c. has a bachelor's degree in higher education law (Tier 1);
d. never committed a disgraceful act and / or convicted of a criminal offense in the financial sector;
e. have good character and morals;
f. serves as associate at law firm which meets the following requirements:
1) led by co-responsible for the legal due diligence and legal opinions;
2) in conducting legal due diligence, apply at least two (2) levels of control or supervision of legal counsel who is responsible for signing the report and the intermediate supervisor to supervise the executive staff;
3) have and implement a quality control system in conducting legal due diligence and provide a legal opinion; and
4) for the law firm that has only one peer Capital Market Legal Consultants, to be able to carry out activities in the capital market shall make cooperation agreements with other law firm who has a Capital Market Legal Consultant colleagues about the transfer of responsibility when Market Legal Consultants capital is concerned is unable to perform their duties;
g. have the authority given by the peer to bind themselves by a third party on behalf of the law firm, where he serves as legal counsel no peer; and
h. has expertise in capital market can be met through Professional Education with the fewest number of thirty (30) credit units profession with material prepared by HKHPM.

Professional Education referred to in the letter h is a matter of education to the charge of Capital Market law and the law of the economic activities organized by HKHPM, others who work with HKHPM, or parties that have been approved or recognized by Bapepam before the enactment of this Bapepam .

Parties who want to become a legal consultant to apply for capital markets lawyers as a Capital Market to Bapepam-LK - that since the enactment of Law No. 21 Year 2011, merged into the Financial Services Authority in duplicate-2 (two).

Applications for registration, accompanied by the following documents:
a. Documents pertaining to legal counsel:
1) copy of the membership card HKHPM;
2) a copy of the document Taxpayer Identification Number on behalf of the relevant legal consultant;
3) a copy of Identity Card is still valid;
4) recent photograph to the size of a single sheet of colored 4x6;
5) a copy of an undergraduate degree with a background in higher education law (Tier 1), which has been validated;
6) a copy of the Professional Education certificate has been legalized;
7) a statement with sufficient stamp stating that legal counsel has never committed a disgraceful act and / or convicted of a criminal offense in the financial sector;
8) a statement by stating that the stamp is quite willing to be examined by legal counsel for compliance HKHPM professional standards and code of ethics Capital Market Legal Consultants compiled by HKHPM; and
9) a statement from a colleague or law firm leaders who stated that legal counsel can bind themselves by a third party on behalf of the law firm, legal counsel if the concerned is not located as colleagues.

b. Documents relating to law firm:
1) a copy of the deed of establishment law firm and its amendment;
2) a copy of the document Taxpayer Identification Number on behalf of the law firm;
3) cooperation agreements law firm where lawyers become partners with another law firm who has a Capital Market Legal Consultant on the transfer of responsibility if legal counsel is concerned is unable to perform their duties, the law firm that has only one person co-Consultant Capital Market Law;
4) law firm organizational chart that shows leadership, peer arrangement, intermediate supervisors and executive staff;
5) domicile certificate law firm of authorized institutions;
6) document the quality control system in carrying out legal due diligence and provide a legal opinion; and
7) a statement with sufficient stamp signed by the head of law firm associates who stated that the law firm will act in accordance with the legislation in the Capital Market and other applicable regulations.

So basically to be able to become a consultant capital market law, a person must be a legal consultant in a law firm, then must be a member HKHPM and professional education has followed the stock market.

Thus the answer from us.

Basic Law:
Decision of the Chairman of the Capital Market Supervisory Agency and Financial Institution Number: KEP-16/BL/2011 About Registration Legal Consultant who is operating in the Capital Markets.

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