The Stock Management Agreement serves as a crucial document for companies in Indonesia seeking to outsource their stock and securities administration to professional service providers. This agreement is particularly relevant for both listed and unlisted companies requiring efficient management of their share registry, corporate actions, and shareholder communications. The document is structured to comply with Indonesian Company Law (Law No. 40 of 2007), Capital Market Law (Law No. 8 of 1995), and relevant OJK regulations, ensuring all stock management activities meet regulatory requirements. It outlines comprehensive services including shareholder record maintenance, dividend processing, corporate action management, regulatory reporting, and stakeholder communications. The agreement becomes especially important when companies grow, go public, or need to enhance their corporate governance practices in the Indonesian market context.
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1. Parties: Identification of the stock management service provider and the company/client
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope of Services: Formal appointment of the stock manager and detailed description of services to be provided
5. Duration and Termination: Term of the agreement and conditions for termination
6. Stock Manager's Obligations: Detailed responsibilities and duties of the stock manager
7. Company's Obligations: Responsibilities and duties of the company
8. Fees and Payment Terms: Fee structure, payment schedule, and related terms
9. Confidentiality: Provisions regarding handling of confidential information
10. Regulatory Compliance: Compliance with Indonesian laws and OJK regulations
11. Representations and Warranties: Standard representations and warranties from both parties
12. Liability and Indemnification: Limitations of liability and indemnification provisions
13. Force Majeure: Provisions for unforeseen circumstances
14. Governing Law and Dispute Resolution: Choice of law and dispute resolution mechanisms
15. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Electronic Trading Platform: Required when the service includes electronic trading system access
2. International Securities Services: Include when dealing with international securities or cross-border transactions
3. Corporate Actions Services: Add when the scope includes handling corporate actions
4. Reporting Services: Include when custom reporting requirements are needed
5. Sub-custodian Arrangements: Required when sub-custodians will be involved
6. Anti-Money Laundering Provisions: Include for high-risk clients or when required by regulations
7. Business Continuity: Add when specific business continuity requirements are needed
1. Schedule 1 - Service Level Agreement: Detailed service levels and performance metrics
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees and charges
3. Schedule 3 - Authorized Persons: List of authorized personnel from both parties
4. Schedule 4 - Operating Procedures: Detailed operational procedures and processes
5. Schedule 5 - Reporting Requirements: Templates and specifications for required reports
6. Appendix A - Power of Attorney: Standard form of power of attorney if required
7. Appendix B - Contact Details: Contact information for key personnel and escalation paths
8. Appendix C - System Requirements: Technical requirements for electronic systems if applicable
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