PT Kustodian Sentral Efek Indonesia

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Account Structure in KSEI

ACG Cross Training

Bangkok, 27-28 June 2006

KSEI – Kustodian Sentral Efek Indonesia

(ICSD – Indonesian Central Securities Depository)

• Introduction

– KSEI in Indonesian Capital Market

– Scripless Implementation Background

• KSEI Participants

• Collective Custody

– Regulation on Accounts and Sub Accounts

• Account Type & Structure

• Indirect Account  Sub Accounts

• Benefit & Advantage of Sub Accounts

• Investor Types

• Account Details & Maintenance

• Transactions in C-Best

• Corporate Action (Entitlement & Distribution)

• Securities Holder List

• Issues

• Conclusion

Outline

Introduction - KSEI in Indonesian Capital Market

Ministry of Finance

Capital Market Supervisory Agency

(BAPEPAM)

Stock Exchange :

Jakarta Stock Exchange

Surabaya Stock Exchange

Scripless Trading

Indonesian Clearing and Guarantee

Institution

PT KPEI

Indonesian Central Securities

Depository

PT KSEI

Clearing-Netting

SRO (Self Regulatory Organization)

Book-entry Settlement

Introduction - Scripless Implementation Background

• Began in July 2000

• Fully Scripless since June 2002

• C-Best (Central depository and Book Entry Settlement System)

• Stock Exchange settlement performed Electronic-Based

• Time Frame Settlement (T+3) : since September 2002

• OTC transaction & Settlement

• Automatic transfer of securities ownership by book-entry

• Automatic Corporate Actions process

• Actual Data (as of 31 May 2006) :

Total Participants : 167 entities

(148 Brokers, 19 Bank Custodians)

Total Issuers : 437 entities

Total Securities instruments : 667

(384 shares, 240 corp.bonds, 24 Warrants, 2 Rights, 11 MTN, 6 PN)

Total Asset (value of all securities recorded) : 583.303 Billion IDR

: 63.080 Trillion USD

KSEI Participants

• KSEI Participants are :

-

Brokers (Securities Companies)

-

Custodian Banks

-

Other parties approved by Bapepam ( The Capital Market Supervisory Agency) ;

 KPEI for the function of Stock Exchange Transaction Settlement

 Foreign CSDs for cross-border settlement

As of 31 May 2006 : 167 Participants

148 Brokers

19 Custodian Banks

Investor opens a securities account in Securities Company or

Custodian Bank

Collective Custody

Electronic

Records KSEI

ASII 10000

Scrip

Records

ISSUER / REGISTRAR

ICSD / KSEI

Merrill Lynch

ASII 2000

ING Baring

ASII 3000

HSBC

ASII 2000

CITIBANK

ASII 2000

BROKER/

CUSTODIAN BANK

Morgan

Stanley

ASII 1500

Bankers

Trust

ASII 500

Northern

Trust

ASII 3000

Chase

Manhattan

ASII 2000

Goldman

ASII 2000

Collective Custody

Legal Basis

Law Number 8 Year 1995 of The Republic of Indonesia regarding Capital Market

Fungible :

Securities In Collective Custody issued by the same Issuer are interchangeable with and equivalent to other Securities of the same type and class

Under the name of CSD :

Securities in Collective Custody at a Central Securities Depository shall be recorded in the Issuer’s registry of Security-holders in the name of the Central Securities

Depository as the representative of its account-holders

Segregation of assets :

Securities Companies must comply with BAPEPAM Rules upon accepting clients’ Securities and must : a. register clients’ Securities in accounts that are separate from own accounts ; and b. maintain secured facilities for safekeeping clients’ assets, under separate records for each client.

Collective Custody

BAPEPAM Rule No. III.C.7 regarding Sub Account at ICSD :

Client Investor is the recognized holder of securities account at Participant

Participant is a Securities Company or Custodian Bank that has opened a securities account at KSEI

• A sub securities account is the securities account of each client recorded in the Participant’s security account at KSEI

KSEI Participant is obligated to :

• open a sub account in name of each client

• record client owned securities in respective sub accounts

• assure accuracy of client securities balance (internal vs ICSD data )

• assure accuracy of client identity (internal vs ICSD data )

KSEI is obligated to :

• hold separate administration for the recording of securities in each sub securities account

• deliver daily reports on the position of sub security accounts to respective Participants

KSEI only maintains contact with and is responsible to respective Participants pertaining to the administering of Sub Securities Accounts

Investor has the right to check the accuracy of the report concerning the balance of securities he owns

(data at Participant vs data at ICSD)

Broker B

Broker A

Custodian Bank X

Own Deposit account

Client Dep

Account 1

Client Dep

Account 2 delivery account receipt

Account

Lending & borrowing

Collateral account

Own Deposit account

Client Dep

Account A

Client Dep account B

Account Type

delivery account receipt

Account

Lending & borrowing

Collateral account

Own Deposit account

Client Dep account X

Client Dep account Y

Client Dep account Z

Custodian Bank

Non Clearing Member

Depository Acc

Cash Sec

Sub Acc

Cash Sec

Sub Acc

Cash Sec

Broker

Clearing Member

Depository Acc

Cash Sec

Delivering Acc

Cash Sec

Receiving Acc

Cash Sec

Collateral Acc

Cash Sec

L & B Acc

Cash Sec

Sub Acc

Cash Sec

Sub Acc

Cash Sec

Account Structure

KSEI

KPEI Issuer

Registrar

Payment Bank

Depository Acc

Cash Sec

Nostro Acc

Cash Sec

Nostro Acc

Cash Sec

Indirect Account

• Investors own accounts at Brokers / Custodians

• Brokers / Custodians possess their own accounts and their clients’ accounts at KSEI

Request &

Docs

Request &

Docs

Investors

Brokers/

Custodians

Verify

Process

Archive

Confirmation Confirmation

• KSEI holds separate administration for the recording of securities in each sub securities account

There is No Omnibus Account

Securities Recording on Accounts

KSEI

Brokers /

Custodian

Banks

Account Holder : Br 1

Own

Sec. A

Sec. B

IDR

Cust. A

Sec. A

Sec. D

IDR

Cust. B

Sec. C

Sec. D

IDR

Br 1

Br 1 Cust. A Cust. B

Customer A Customer B

Investors

Account Holder : CB 2

Own

Sec. A

Sec. B

IDR

Cust. X

Sec. A

Sec. D

IDR

Cust. Y

Sec. C

Sec. D

IDR

CB 2 Cust. X Cust. Y

CB 2

Customer X Customer Y

Benefit & Advantage of Sub Accounts

Investor Protection

Assurance of separated bookkeeping for securities owned by the investor and those owned by the custodian

Assurance of accurate recording of investor securities ownership position

Assurance of rights attached to securities such as dividend; right to attend RUPS

(Shareholder General Meeting), as investor will be listed in the List of Shareholders issued by KSEI

Availability of real time investor data in KSEI , for the purpose of :

• performing corporate action

• Issuer’s reporting to Bapepam, Stock Exchange, Central Bank, for among others: investigation.

Monitoring share ownership of > 5%

• investigation by authorities, like: Bapepam, Court of Justice, Police.

• producing reports.

Corporate action proceeds distribution efficiency .

Assuring proper tax rate applied upon investor in the occurrence of

Corporate Action

• Individual Investor

– Local

– Foreign

• Institutional Investor :

– Local :

• Limited Company

• Brokers

• Insurance

• Bank

• Government of Indonesia

• Pension Fund

• Mutual Fund

• Foundation

• Jamsostek (Labor Social Security)

• Cooperative

• Custodian Bank

• Taspen (Civil Servant Insurance Savings)

– Foreign :

• Tax Treaty (each country)

Investor Types

Account Details

• Account Number

AB001 – XY12 – 001 – 99

Local_Code – Client_Code – Acc_Type – CheckDigit

• Correspondent Account Number : account on PB (mirroring acct)

– only for Own Acct and Collat.Acct

• Account Description : name of client

• Status :

Available/Blocked/Closed

• Tax ID

• Blocking Reason (if any; only for Blocked Acct.)

• ID number :

KITAS / COR / COD / NPWP

• Address

• Nationality

Account Maintenance

Open Account :

Supporting documents will define the investor type and tax rate of the account

No documents  the highest tax rate (20%)

Upload facility (Internal use)

Modify :

– Usually to change / to adjust tax rate, address, account description.

Block/Unblock :

– To Pledge / unpledge, Lock-up by Stock Exchange, other reasons.

Close :

Account should be zero balance

Can Not be recycled

Account linkage :

Related to Post Trade Processing module.

To link an Investment Manager’s sub account to a custodian bank

Data and Supporting Documents

Local Individual : Identity No and address according to Identity Card

Foreign Individual : copy of ID card if residing in Indonesia or copy of Certificate of

Tax Residence (COTR) legalized by tax office if otherwise.

Local Institution :

- Foundation, Cooperative, Insurance, Ltd. : copy of Tax Registration

- Pension Fund : copy of State Minister of Finance Decree (SKMK) and Tax Reg.

- Mutual Fund : copy of Effective Letter (from Bapepam) and Tax Registration

- Jamsostek JHT : State Minister of Finance Decree (SKMK)

- Jamsostek Non JHT : copy of Tax Registration

- Taspen : copy of Tax Registration

Foreign institution: copy of Certificate of Tax Residence (COTR) legalized by tax office,

Foreign Institution exempted from income tax: State Minister of Finance Decree No.

574/KMK.04/2000 dated December 26th 2000

Armed Forces (ABRI) : Letter of Acknowledgement from Dir. Gen. of Tax

Indonesia Government: RI State Regulation

Transactions in C-Best

• Depository Management

– Deposit

– Withdrawal

– Security Transfer (within one Member)

• Clearing and Settlement

– DFOP/RFOP

– DVP/RVP

• Cash Management

– Book Transfer (cash transfer within one Member)

– Wire Transfer (cash withdrawal)

• Collateral Deposit

• Lendable Deposit

• Post Trade Processing

– Trade Confirmation

– Settlement Instruction

Instruction Creation

Input via C-Best workstation

C-Best Server

Instruction

Investor

Investor

Participant

• 6-eyes principle (create, check, approve)

4-eyes principle (create direct check, approve)

2-eyes principle (create direct approve)

File upload

Instruction

Participant

KSEI

OTC

SECTRS

BTS

WT

DCONF

REC

Participants are responsible for the data they input.

Stock Exchange Settlement

OTC

Custodian

Bank

Selling broker

Own

Account

Client

Account

K S E I stock stock

Buying broker

Own

Account

Client

Account

Receiving

Account

Delivery

Account

Receiving

Account

KPEI

Account

Delivery

Account cash cash

Collateral

Account

Collateral

Account alignment

L & B

Account

L & B

Account

KPEI synchronize

Stock

Cash

OTC

Payment Bank

Over The Counter Transaction

A

Brokers /

Cust. Banks

1. DVP

INSTRUCTION

A

MATCHING

PROCESS

KSEI

B

2. RVP

INSTRUCTION

B

Brokers /

Cust. Banks

X

Brokers /

Cust. Banks

3. DFOP

INSTRUCTION

X Z

4. RFOP

INSTRUCTION

Z

Brokers /

Cust. Banks

1. DVP : DELIVERY VERSUS PAYMENT

2. RVP : RECEIVE VERSUS PAYMENT

3. DFOP : DELIVERY FREE OF PAYMENT

4. RFOP : RECEIVER FREE OF PAYMENT

Corporate Action

• Mandatory CA

– Cash dividend

• Voluntary CA

– IPO

– Stock dividend

– Mix dividend

– Stock bonus

– Stock split / reverse split

– Merger / acquisition

– Interest payment

– Principal payment (Redemption)

– Right / Warrant distribution

– Proxy Voting

– Exercise of

Right/Warrant

– Securities conversion

General Process of Mandatory CA

Announcement

Date (AD)

Reminder Date

(Rem Date)

Record

Date (RD)

Effective date

(1) (2)

Announcement Report

(On AD/ Rem Date)

(3)

Member Entitlement

Report

(RD + 1)

Invitation Letter

(RD + 1)

Credit Entitlement of CA

(4)

Member Entitlement

• Containing the list of all accounts (including own account and clients’ sub accounts that are entitled to proceeds of Corporate Action)

Generated on Record Date + 1

• All KSEI members receive this report via workstation

Voluntary CA Process

Announcement date

Start

Exercise period

Instruction

Deadline

Effective date x days *

Voluntary CA

Instructions

* The Rights/Warrants and cash positions will be debited automatically in the exercise request amount

Distribution of CA proceed

ISSUER

Payment Bank

(cash proceed)

Registrar

(sec proceed)

Issuer’s account

Proceeds member 1

Own Deps a/c

Client a/c 001

Client a/c 002

Client a/c 003

Client a/c 004 member 2

Own Deps a/c

Client a/c A

Tax

Central tax account

Security Holder List

• Issuer / Registrar requirement

• On request (Ad hoc report)

• Containing the complete data of Security holders :

– General Data :

• Security Name & Code

• Record Date

• Total Securities Issued

– Security holder list :

• Name

• ID number

• Address

• Investor type

• Nationality

• Tax rate

• Member Name & Code (where the investor open the account with)

• Securities Amount

• Percentage of ownership

• Status of account

Issues on Sub Accounts Implementation

• Still practices physical archiving of COD/COTR and other supporting documents

• Uncertainty of investors numbers

– Some brokers do not open sub accounts for some of their clients.

– Investors may keep several accounts at different brokers/custodians under the same or different names or ID numbers

• Rely on the data given by brokers/custodians

Conclusion

KSEI implements Indirect Account (Sub Account)

• Does not need to deal with thousands of investors. KSEI only deals with Participants (Brokers & Custodian)

• Reduce operational activities :

– No Counter Desk

– Participants (Brokers & Custodians) assure the accuracy of client identity .

( KYC)

• Investor Protection :

– Separate bookkeeping

– Assurance of rights attached to any CA event.

• Corporate Action process efficiency ;

– CA Entitlement & Distribution : up to investors’ depository accounts.

Thank You

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