PT Bank Mandiri Persero Tbk.
MANAgEMENT DISCUSSION ANALySIS OF MANAgEMENT’S PERFORMANCE
f. Bank Soundness at the lowest rank of PK 2 for last 12-month and the lowest
assessment rank of PK 3 on the last 6-month period.
g. In addition to the national Bank with headquarter in Indonesia, Foreign
Banks’ Branch Oice KCBA who meet the requirements can also
performTrust.
If Trustee is unable to meet the requirements, the Bank has 6 months to
complete the requirements and during this period will not apply for another
Trust Agreement.
If up to 6-month time Trustee cannot meet the requirement, the Trust assets
funds must be returned to the settlor or the settlor designated Trustee successor
in accordance with the Trust Agreement.
TRUSTEE EVENT COVERAGE: In the course of Trust, the Trustee may
act as:
a. Paying agent
• Open and close accounts on behalf of the settlor;
• Receive and deposit funds into the settlor’s account;
• Perform payments from the account of the settlor to the
Beneiciary and or other parties; • Records, documents, and document
administration related to the settlor account.
b. investment agent
• Implemented based on a clear and detail instructions from the settlor,
which is tailored to the type of activity or the instruments used.
• In the event that the settlor instructed the Trustee to invest
the funds other than the activities stipulated in the legislation
in force such as the Banking Law and Capital Market Law,
the investment fund must be performed by the investment
manager.
c. Borrowing agent
• Obtain loans with the evidenced of the loan agreement;
• Perform hedge transactions; • Reserve funds to pay the loan
based on the mechanisms that is established by settlor andor
• Other activities associated with the borrowing
SETTLOR CRITERIA: a. A corporate customer
b. Not ailiated with the bank c. Settlor can act as a Beneiciary
EVENT LISTING TRUST a. Trustee shall make a record of the
activities on the separate bank accounts, including details of each
Trust activity, which at least contains the transactions and positions of Trust
treasure.
b. Trustee shall record the mutations account separately for each of the
settlor and beneiciary.
4. Bank Indonesia Regulation No. 1424PBI2012 on Single Ownership
In the Indonesian Banking a. Each Party may only be a
Controlling Shareholder PSP at one Bank. This provision is
excluded for:
1 PSP in 2 two each Bank that conducts business with diferent
principles, namely conventional and based on Sharia principles,
and
2 PSP in 2 two Bank, one of which is a mixture of Joint Venture
Bank. b. In the event that the PSP:
1 Is involved in more than 1 one Bank, or
2 Purchase shares of another bank, which resulted in becoming PSP
in more than one Bank
PT Bank Mandiri Persero Tbk.
It is obliged to make an adjustments to these provisions
by: 1. Perform merger or consolidation
of the banks at maximum of 1 one year;
2. Establish a Holding Company in the Banking industry at least in 1
one year; or 3. Establish Function Holding in
the period of 6 six months Since the validity of Bank Indonesia
Regulation, for those who have a PSP at more than 1 one Bank; or
After the execution of the purchase of shares of another bank which
resulted in meeting the criteria in being the PSP of the purchased
Bank.
OwNERSHIP STRUCTURE ADJUSTMENT
a. Merger or Consolidation
Bank merger or consolidation are given incentives in the form of:
1. Termporary concession of with Statutory Reserves gwM
requirement; 2. Completion time extension of
the maximum Lending Limit BMPK;
3. Concession in opening a branch oice; andor
4. Temporary concession on the implementation of Good
Corporate Govenance GCG.
b. Formation of a Holding Company
1. Form of legal entity in Banking Industry is a limited liability
company incorporated in Indonesia and in accordance with
the legislation in Indonesia.
2. Holding Companies in Banking can only perform investment
activities, which include the provision of management
services in order to improve the efectiveness of consolidation,
business strategy, and inancial optimization of business groups
under its management.
3. Holding Companies in Banking is 1 one level above the directly
controlled banks. 4. Holding Companies in Banking
can stand as 1 one legal entity or the Financial Holding Company,
which consolidates inancial institutions owned by the PSP.
c. Holding function
1. Holding function can only be performed by the PSP with
Indonesian legal entity or Indonesian government agencies.
2. Function Holding led by: • One member of the board of
directors of the PSP Bank; • One of the oicers appointed
by the head of government agency of the Republic of
Indonesia.
OBLIGATIONS OF BANK MANDIRI
a. As a PSP
1. In the event that Bank Mandiri decides to establish a Holding
Company in Banking, the Bank shall submit the plans
for the implementation of the establishment of Holding Company
in Banking and transfer of shares from the PSP to the Holding
Company in Banking to Bank Indonesia with attachment of
supporting documents.
2. In the event that Bank Mandiri choses to form the Holding
Function, the Bank shall submit the supporting documents regarding
the information and execution of Holding Function and its
implementation plan to the Bank Indonesia.
3. Both the Holding Company in Banking and the Holding Function
shall provide strategic direction and consolidated inancial
statements of its subsidiary.
PT Bank Mandiri Persero Tbk.
MANAgEMENT DISCUSSION ANALySIS OF MANAgEMENT’S PERFORMANCE
b. As a State Owned Bank
1. Banks with the similar PSP is mandatory to develop and
submit compliance plan to the Bank Indonesia at least 3 three
months after the applicable of the Regulation of Bank
Indonesia, which contains chosen method, the action plan, and
implementation timelines.
Compliance of the provisions can be prepared and submitted by each
Bank or jointly by banks with the same PsP and shall be signed by
the Board of directors and Board of Commissioners of each Bank and
acknowledged by the PsP.
2. Banks with the same PsP shall report the progress in
implementing the regulation compliance to Bank indonesia
every quarter since the approval of Bank indonesia on the compliance
plan.
5. Bank Indonesia Regulation No. 1425PBI2012 on Foreign
Exchange Acceptance of export and Withdrawal of Foreign Debt in
Foreign Exchange
OBLIGATIONS OF FOREIGN EXCHANGE ACCEPTANCE OF EXPORT DHE
THROUGH FOREIGN EXCHANGE BANK
a. dHe revenue obligations through foreign exchange banks is not
applicable for state-owned dHe that received through Bank indonesia or
dHe received in cash in the country as long it is explained in writing
and with suicient supporting documentation.
b. DHE acceptance should be made no later than the end of the third month
after the month of enrollment of Export Declaration PEB.
c. DHE receipts derived from the method of payment usance LC,
consignment, payment terms, collection, with maturities exceeding
or equal to 3 months after the month of PEB enrollment, It must be
performed no later than 14 days after the payment due date. In the event
that the deadline falls on a holiday, then DHE receipt should be done on
the next working day.
d. Submission of the information contained on the PEB to the foreign
exchange banks as well as a written explanation with supporting
documents to apply for admission. DHE is applicable for PEB with a
value greater than USD10,000.00 or its equivalent. Submission of the
information on the PEB regarding DHE through foreign exchange
banks made no later than the 5th of the following month after the DHE is
received.
e. In the event that exporters receive DHE cash to PEB with a value greater
than USD10,000.00 or its equivalent then the exporter must submit a
written explanation and supporting documents no later than the 5th of
the month following the month of PEB enrollment.
f. For DHE receipt for payment in issued LC, consignment, term
payment, collection with maturities exceeding or equal to 3 months
after the month of enrollment PEB, exporters must submit a written
explanation with supporting documents to the foreign exchange
bank to be forwarded to Bank Indonesia at the latest on the 5th of
the month following the month of PEB enrollment. In case the deadline
is in holiday, the submision can be carried out on the next working day.
g. In the event that DHE is smaller in terms of PEB value with a
diference of less than or equivalent to Rp50,000,000.00 than the DHE
received is according to the value of PEB and exporters do not have to
submit a written explanation and supporting documents.
h. For the less value diference in DHE and PEB greater than equivalent
Rp50,000,000.00, due to: • Foreign exchange, discounts
rebates, administrative fees, andor other costs associated international
trade, resulted in less diference between DHE and PEB value at
most 10 ten percent of the value of PEB; andor
• Tolling, repair services, operational leasing or inancial leasing,
valuation diferences in the price of goods at the time of export
agreements with the price at the time of receipt, the diference in the
composition of goods, diferences
