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In brief

On 30 August, the Indonesian competition authority (“KPPU“) issued Circular No. 9/KPPU/SE/VIII/2022, clarifying that it will accept apostilled foreign official documents.

Since Indonesia acceded to the Apostille Convention in 2021, The KPPU’s position on this has been unclear, particularly with regard to how powers of attorney issued abroad should be processed. With this Circular, it the authority has now confirmed that documents issued in a member state of the Apostille Convention will only need to be notarized and apostilled to be accepted by KPPU.


Only official documents need to be legalized or apostilled

Don’t be alarmed. Not all documents submitted to the KPPU have to be legalized or apostilled. This requirement only applies to documents issued abroad that are to be used for official purposes, such as powers of attorney. Other documents, such as supporting documents for a merger filing purpose or evidence submitted in an investigation, are not normally required to be legalized or apostilled.

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Author

Mita Djajadiredja is a senior partner in the Mergers & Acquisitions Practice Group and the key contact for Technology, Media & Telecommunications in Indonesia. She has more than 20 years of experience in M&A and private equity, as well as corporate alliances, including joint ventures, shareholder agreements and strategic business alliances. Mita advises a wide range of domestic and international clients across various industry sectors, including real estate, insurance, finance, manufacturing and trading.

Author

Mochamad Fachri is an Associate Partner in Baker McKenzie, Jakarta office.

Author

Dyah Ayu Paramita is an Associate Partner in Hadiputranto, Hadinoto & Partners, Jakarta office.

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