GMOS For Determining The Utilization of Profit

1 109 determines the tantiem and the bonus greater than those that have been budgeted in connection with the exceeding of the determined target, then the difference between the tatntiem and the bonus is taken from the net profit of the year concerned. 248 f. In the event that the Company does not have net income but indicates an improved performance which is demonstrated through the achievement of the targets that have been determined, the Company may grant the tantiems for the Board of Directors and Board of Commissioners as well as bonuses for all employees, provided that it has been budgeted and accounted for as an expense. 249 g. The Board of Directors and Board of Commissioners are responsible jointly and severally for the losses of the Company, in the case of shareholders can not return the interim dividend if the Company suffers for losses. 250 h. Shareholders who represent at least 110 one tenth of the shares issued may request for the interim dividend. 251

7. GMOS for Determining Changes to The Articles of Association

a. Amendments to the Articles of Association are determined by GMOS. 252 b. The agenda of the amendment to the Articles of Associaton should be stated clearly in the call of the GMOS 253 c. GMOS for amending the Articles of Association can be held if at least 23 two thirds of the total shares with valid voting rights are present or represented and the decision is valid if it is approved by at least 23 two thirds part of the total number of votes issued. 254 d. If the GMOS for amending the Article of Association does not reach a quorum, the second GMOS can be held. 255 e. Second GMOS can legitimately take decisions if at least 35 three- fifths of the total shares with valid voting rights are present or 248 Article of Association of PT SUCOFINDO PERSERO Article 26 Paragraph 5 249 Article of Association of PT SUCOFINDO PERSERO Article 26 Paragraph 6 250 Article of Association of PT SUCOFINDO PERSERO Article 26 Paragraph 14 251 Article of Association of PT SUCOFINDO PERSERO Article 26 Paragraph 15 252 Article of Association of PT SUCOFINDO PERSERO Article 28 Paragraph 1 253 Article of Association of PT SUCOFINDO PERSERO Article 28 Paragraph 2 254 Article of Association of PT SUCOFINDO PERSERO Article 28 Paragraph 3 255 Article of Association of PT SUCOFINDO PERSERO Article 28 Paragraph 4 109 CHAPTER I INTRODUCTION CHAPTER II BOARD OF DIRECT ORS BOD CHAPTER III BOARD OF COMISSIONERS BOC CHAPTER IV ACTIVITY AMONG COMP ANY’S ORGAN CHAPTER V CLOSING 1 110 represented, and the decision is valid if it is approved by at least 23 two thirds part of the total number of votes issued. 256 f. The amendment to the Articles of Association must be made by a notarial deed and in Indonesian language. 257 g. Amendment to the Articles of Association which is not made by a notarial deed must be stated in Notarial Deed no later than 30 thirty days from the date of resolution of GMOS. 258 h. Application for approval of the amendment to the Articles of Association and notification of amendment to the Articles of Association are submitted to the Minister of Justice and Human Rights no later than 30 thirty days from the date of notarial deed which contains the amendment. 259

8. GMOS for the Merger, Consolidation, Acquisition, Separation and Change of Legal Entity

a. With due regard to the prevailing legislation, the merger, consolidation, acquisition, separation and change of legal entity of the Company can only be done based on the resolution of the GMOS, which is attended by the Shareholders which represents at least ¾ three quarters of the total shares issued by the Company with valid voting rights and decision is approved by at least ¾ three quarters of the total votes. 260 b. In the event that the first GMOS does not reach a quorum, the second GMOS may be held. 261 c. Second GMOS is legitimate and may take a decision if at least 23 two thirds of the total shares with valid voting rights are present or represented, and decision is legitimate if it is approved by at least ¾ three quarters of the number of votes issued. 262 d. The merger, consolidation, acquisition, separation and conversion of legal entity shall be made by a notarial deed and in Indonesian language. 263 256 Article of Association of PT SUCOFINDO PERSERO Article 28 Paragraph 5 257 Article of Association of PT SUCOFINDO PERSERO Article 28 Paragraph 6 258 Article of Association of PT SUCOFINDO PERSERO Article 28 Paragraph 10 259 Article of Association of PT SUCOFINDO PERSERO Article 28 Paragraph 11 260 Article of Association of PT SUCOFINDO PERSERO Article 30 Paragraph 1 261 Article of Association of PT SUCOFINDO PERSERO Article 30 Paragraph 2 262 Article of Association of PT SUCOFINDO PERSERO Article 30 Paragraph 3 263 Article of Association of PT SUCOFINDO PERSERO Article 30 Paragraph 4 110