Brief example reference on
whether the (authorized) signature is executed with/without company’s stamp (as the legislation may implicate it in/for
the company’s document).
Point of example reference
|
(Authorized) signature
|
Company’s stamp
( cap/stempel
)
|
Company Law
(Number 40 of 2007)
|
stipulated for, i.e. the annual
report documentation in Article 67.
|
not stipulated at all.
|
Company Document Law
(Number 8 of 1997)
|
stipulated for, i.e.
company record in form of writing in Article 9.
|
not stipulated in explicit way, but implicitly as below (as the company
document)
|
|
Company Registration Law
(Number 3 of 1982)
|
stipulated for, i.e. the
company’s registration in Article 11.
|
not stipulated at all.
|
Regulation of Minister of Trade
(Number 37 of 2007)
This is the implementing regulation of the Company Registration Law
above.
|
stipulated for, i.e. the
company’s registration in Article 9
|
stipulated to be affixed in the company’s registration form, as below
(while its law above has not stipulated it).
|
Registration form under the Regulation
of Minister of Trade Number 38 of 2007:
|
Civil Code
|
stipulated for, i.e. legal document by parties, in Article 1869
|
not (specifically) stipulated.
|
|
|
Commercial Code
|
stipulated for, i.e. promissory note by issuer, in Article 174
|
not (specifically) stipulated.
|
Regulation of Minister of Trade
(Number 36 of 2007)
|
stipulated for, i.e. the
company’s permit documentation.
|
stipulated to be affixed in the company’s permit documentation as
below
|
|
|
BKPM Regulation
(Number 14 of 2017)
|
stipulated for, i.e. the
company’s report documentation.
|
stipulated to be affixed in the company’s report documentation as
below
|
|
etc.
|
|
|
|
|
|
Interpretation:
To the extent of current knowledge
and the above example references;
The laws-and-regulations have
insufficiently regulated (company’s) stamp so far, the (company’s) stamp is
regulated incomprehensively / less comprehensive this far (including its
specific / particular legal implication / consequences), but the (company’s)
stamp becomes a custom in legal practice over the official / formality of an
officially issued / executed document / agreement and adopted in many
administrative requirements, due to the incomprehensive fundamental laws-and-regulations,
the use of company’s stamp will be contextual to each matter / issue / purpose,
and sometimes obscurity are arising out, i.e. the tax, auction, governmental
institution, etc.) (sometimes) will be questioning the documentation (i.e. the invoice,
attachment, statement, etc. as the case may be) without the (company’s) stamp
can be deemed (by them) as defective / invalid / incomplete documentation;
other example, the issued corporate-cheque can (sometimes) be deemed (by the
bank) as completely executed if affixed with (company’s) stamp alongside with
the authorized signature, otherwise, they may reject its transaction, etc.
To avoid doubt, no
laws-and-regulations stipulate the replacement of the authorized signature over
the required company’s documentation under the laws with a (company’s) stamp.
Nonetheless, we cannot generalize
/ we cannot conclude in general manner whether all company documents require company’s stamp or not in relation
with its legal implication / consequences. As far the experiences, the
company’s stamp is applied on inter-institutional/parties’ administrative
document as required / requested / stipulated, besides such requirement /
request / stipulation, many companies implement the company stamp to gain other
parties reception / perception over the officially issued company document, and
to differentiate / separate it from personal / individual document signed by
the signatory, or as may be internally regulated by the board of the company.
