Fiduciary Background

Previously reported on August 7, 2012, the government through the Minister of Finance Regulation No. 130/PMK.010/2012 concerning the registration of fiduciary guarantees requires finance companies that carry out consumer financing for motorized vehicles with a fiduciary guarantee. The obligation to register a fiduciary guarantee at the Fiduciary Registration Office must be carried out no later than 30 calendar days from the date of the consumer financing agreement.

Before the fiduciary guarantee certificate is received by the finance company, the finance company is prohibited from withdrawing the fiduciary guarantee object in the form of a motor vehicle. Furthermore, PMK also stipulates that the withdrawal of fiduciary collateral objects in the form of motor vehicles by finance companies must meet the provisions and requirements as stipulated in the law on fiduciary guarantees and have been agreed upon by the parties in the motor vehicle consumer financing agreement.

If the finance company does not follow the provisions in the PMK, the finance company may be subject to sanctions in the form of warnings, freezing of business activities, and revocation of business licenses. The sanctions provisions show that PMK strictly requires finance companies to register fiduciary guarantees and obtain a fiduciary guarantee certificate. This is in accordance with the Fiduciary Guarantee Law and indirectly to provide justice and legal protection for consumers.

Since the enactment of a Government Regulation that requires all Financing Companies to register Fiduciary Guarantees, many Notaries have received income from their Fiduciary registration services. Notary parties must be financially prepared and additional investment for office equipment and additional human resources. The Notary's office is busy because there are many employees, let alone many Fiduciary work orders.

Starting from this situation, for more than 4 (four) years, we have helped provide solutions for Notaries in the registration process and the making of their Fiduciary Deed. Not all Notaries have large office assets with modern equipment. We help Notary Offices who only have limited resources by transferring their work to us (a kind of Outsorce Company) in exchange for services that are mutually beneficial.