When considering whether to lend
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When considering whether to lend Start Comparison
1. Is it necessary or advisable for any lender, arranger, facility agent or security agent to be licensed, qualified or otherwise entitled to carry on business in this jurisdiction: (a) by reason only of its execution, delivery or performance of the finance documents; or (b) to enable it to enforce its rights under the finance documents?
No. It is not necessary for an offshore lender, arranger, facility agent or security agent to be licensed, qualified or entitled to do business in the Republic of Indonesia because of its execution, delivery or performance of the Asia Pacific Loan Market Association facility agreement (or other facility agreement), fee letters, Indonesian law security documents, intercreditor agreement, account management agreement and subordination agreement ("Finance Documents") or to exercise or enforce any of its rights under the Finance Documents in the Republic of Indonesia.
2. Will any lender, arranger, facility agent or security agent be deemed to be resident, domiciled, carrying on business or subject to tax by reason only of the execution, delivery, performance or enforcement of the finance documents?

No. An offshore lender, arranger, facility agent or security agent is not deemed to be resident, domiciled or carrying on business in Indonesia by reason only of the negotiation, preparation, execution, delivery, performance or enforcement of or receipt of any payment under the Finance Documents if the offshore lender, arranger, facility agent or security agent is not deemed to have a presence in Indonesia (e.g., no presence of their employees for more than the time test under the Indonesian Income Tax Law, which is 60 days within a 12-month period).

3. Are there any regulatory reporting requirements that lenders must observe in connection with those transactions?

No. Lenders are not required to do any reporting. However, Indonesian borrowers receiving offshore loans from foreign lenders are subject to periodic reporting of offshore loans to Bank Indonesia (Indonesia's central bank) and the Ministry of Finance of the Republic of Indonesia.

4. Is it necessary to establish a place of business in your jurisdiction in order to enforce any provision of the finance documents?

Generally, it is not necessary for offshore entities to establish a place of business in the jurisdiction of the Republic of Indonesia to enforce any provision of the Finance Documents.

5. Is a foreign bank/financial institution permitted to approach local entities for business?

Assuming that the business is involved in lending activities, a foreign bank/financial institution is generally permitted to approach local entities for business. If the business is related to offering hedging or structured products, there are certain restrictions or prohibitions (e.g., requiring approval from Bank Indonesia) on offering the products to local entities.