Skip to content
Back to announcement

20231002_HERO_Transaksi Material Tanpa Persetujuan RUPS_31434066_lamp2.pdf

Asset transaction Needs review HERO

Source file signed link, expires in 15 minutes

This browser can't display the PDF inline. Open it in a new tab.

Extracted text 6

Page 1
                        INFORMATION DISCLOSURE FOR THE PUBLIC
        IN RELATION TO MATERIAL TRANSACTION AND AFFILIATED PARTY TRANSACTION
                             OF PT HERO SUPERMARKET TBK

 THIS INFORMATION DISCLOSURE FOR THE PUBLIC (“DISCLOSURE OF INFORMATION”) IS
 PROVIDED IN COMPLIANCE WITH: (A) INDONESIAN FINANCIAL SERVICES AUTHORITY (OTORITAS
 JASA KEUANGAN - "OJK") REGULATION NO. 17/POJK.04/2020 ON MATERIAL TRANSACTIONS AND
 CHANGES TO BUSINESS ACTIVITIES ("OJK RULE 17/2020"), (B) OJK REGULATION NO.
 42/POJK.04/2020 ON AFFILIATED PARTY TRANSACTIONS AND CONFLICT OF INTEREST
 TRANSACTIONS ("OJK RULE 42/2020"), AND (C) OJK REGULATION NO. 31/POJK.04/2015 ON
 DISCLOSURE OF MATERIAL INFORMATION OR FACTS BY ISSUERS OR PUBLIC COMPANIES ("OJK
 RULE 31/2015").




                                        PT HERO SUPERMARKET Tbk
                                              (“COMPANY”)

                                          Based in South Tangerang

                                             Business fields:
                      Engaged in supermarket, hypermarket, and other retail businesses.

                                           Store Support Centre
                                              (Headquarters)
                              Graha Hero, CBD Bintaro Jaya Sektor 7 Blok B7/A7
                                Pondok Jaya, Pondok Aren, South Tangerang,
                                          Banten 15220, Indonesia

                                         Telephone: (021) 8378 8388
                                        Official Website: www.hero.co.id

This Disclosure of Information is made in compliance with the Company's obligation to announce information to
the public regarding a material transaction conducted by the Company for the purposes of a subsequent
transaction with its Affiliate (as referred to in Law No. 8 of 1995 on Capital Market).

This Disclosure of Information contains information on a loan facility from MUFG BANK, LTD., JAKARTA
BRANCH (“Bank”) to the Company based on Loan Agreement dated September 27th, 2023 between the
Company and the Bank (“Facility Agreement”), which specifically is intended for a capital injection by the
Company into PT Rumah Mebel Nusantara (“RUMAH”), which is the Company’s Affiliate (being a controlled
subsidiary owned by the Company with a total percentage of ownership amounting to 99.99% of all issued and
paid-up capital in RUMAH) ("Transaction").

Vide this Disclosure of Information, the Company explains that:

1.    this Transaction is a Material Transaction as referred to in Article 3 paragraph (1) of OJK Rule 17/2020,
      with a transaction value of at least 20% of the Company's equity, on the basis that the loan facility received
      by the Company from the Bank is amounting to an equivalent of Rp400,000,000,000 (four hundred billion
      rupiah). Therefore, the percentage value of the Transaction is 37.47% against the Company's equity
      which is Rp1,067,636,000,000 (one trillion sixty-seven billion six hundred thirty-six million rupiah) based
      on the latest interim consolidated financial statements of the Company for the period ending June 30th,
      2023 as limited reviewed by Public Accountant Tanudiredja, Wibisana, Rintis & Partners;

2.    this Transaction is an Affiliated Party Transaction as referred to in Article 1 paragraph (3) of OJK Rule
      42/2020 that does not contain a Conflict of Interest as referred to in OJK Rule 42/2020, on the basis
      that the funds received by the Company from the Bank will be utilized as capital injection by the
      Company into RUMAH;



                                                                                                                   1
Page 2
3.    this Transaction is exempted from the requirements to obtain the approval of a General Meeting of
      Shareholders ("GMS") and to obtain a fairness opinion from an independent appraiser given that (a)
      with respect to the Material Transaction under OJK Rule 17/2020, the Company receives a loan directly
      from a bank and/or financial institution; and (b) with respect to the Affiliated Party Transaction under
      OJK Rule 42/2020, the Company is injecting a capital to RUMAH, its controlled subsidiary whose shares
      or capital are at least 99% owned by the Company; and

4.    this Transaction contains material information or facts which may affect the securities trading price of
      the Company on the Indonesia Stock Exchange ("IDX") or the investment decision of investors, potential
      investors or any other parties who may have interest on such information or facts ("Material
      Information"), as referred to in Article 1 of OJK Rule 31/2015.

In conclusion, to carry out the Transaction, the Company is not required to (i) obtain the approval of a GMS,
and (ii) have an appraiser to appraise the fair market value of the transaction object and/or its fairness,
although, in accordance with the prevailing rules, the Company must publish a Disclosure of Information to the
public regarding the Transaction and submit supporting documents to the OJK no later than 2 (two) working
days after the execution date of the Transaction and report the result of the Material Transaction in the Annual
Report.

If you have difficulty understanding this Disclosure of Information or are in doubt about making a decision, you
should consult an investment advisor or other professional advisor.

                 This Disclosure of Information is published on October 2nd, 2023

                                                 FOREWORD

This Disclosure of Information is made to comply with the provisions of OJK Rule 17/2020, OJK Rule 42/2020,
and OJK Rule 31/2015.

                   I.       BRIEF DESCRIPTION OF PARTIES IN THE TRANSACTION



A.    Brief Description of the Company

1.    Brief History of the Company

      PT Hero Supermarket Tbk (“Company”) was established in Jakarta based on the Notary Deed of Djojo
      Mulyadi, S.H., No. 19 dated July 5th, 1971 under the name PT Hero-Mini Supermarket. The Deed of
      Establishment of the Company was approved by the Minister of Justice, Director of the Directorate of
      Civil Affairs for the Head of the Legal Entity Service, from the Register of the Minister of Justice No. J.A.
      5/169/11 date August 5th, 1972.

      Company’s Articles of Association have been amended from time to time. The latest amendment was
      in relation to amendment to the Articles of Association in order to adjust the Period of Establishment of
      the Company (Article 2 of the Articles of Association) based on the Deed of Statement of Shareholders
      Resolutions on the Annual General Meeting of Shareholders No. 88 dated May 31st, 2023 made before
      Mala Mukti S.H., LL.M. The deed has been approved by the Minister of Law and Human Rights of the
      Republic of Indonesia with Decree No. AHU-AH.01.03-0075367 and has been registered in the Company
      Register No. AHU-0107307.AH.01.11.TAHUN 2023 dated June 12th, 2023.

      The Company firstly listed its shares on the Indonesia Stock Exchange through an Initial Public Offering
      held in 1989 under share code "HERO".

      The Company's head office is located at Graha Hero, CBD Bintaro Sektor 7 Blok B7 / A7 South
      Tangerang.

2.    Capital and Shareholding Composition

      The Company's current capital structure is as follows:

                                                                                                                  2
Page 3
                                                                     Nominal                  Total Nominal Value
                   Information                Number of Shares       Value per                        (Rp)
                                                                    Shares (Rp)
        Authorized Capital                         9,000,000,000             50                       450,000,000,000

        Issued and Paid-Up Capital                 4,183,634,000             50                       209,181,700,000



      The Company's shareholders composition, based on the Shareholders Register issued by the
      Company's Share Registrar (Biro Administrasi Efek (BAE)), PT EDI Indonesia, as of June 30th, 2023
      and until the report was published, is as follows:

                               Shareholders                             Number of Shares                     %
         Mulgrave Corporation B.V.                                                 2,660,194,960                    63.59
         The Dairy Farm Company Ltd*                                               1,075,607,367                    25.71
         PT Hero Pusaka Sejati                                                          112,123,931                  2.68
         Public Shareholders                                                            335,707,742                  8.02
                                  Total                                            4,183,634,000                     100

      *) The above number of shares includes the share ownership through another shareholder, namely Credit Lyonnais
      Securities Asia (CLSA) Ltd.

3.   Board of Commissioners and Board of Directors of the Company

     The current composition of the Board of Commissioners and Board of Directors of the Company is as
     follows:

     Board of Commissioners
     President Commissioner                    : Ipung Kurnia
     Independent Commissioner                  : Erry Riyana Hardjapamekas
     Independent Commissioner                  : Lindawati Gani
     Independent Commissioner                  : Natalia Poerwati Pangastuti Soebagjo
     Commissioner                              : Jan Martin Onni Lindstrom
     Commissioner                              : Tom Cornelis Gerardus van der Lee
     Commissioner                              : Christopher Bryan Bush


     Board of Directors
     President Director                        : Ingemar Patrik Lindvall
     Director                                  : Hadrianus Wahyu Trikusumo
     Director                                  : Kalani Naresh Kumar
     Director                                  : Dina Sandri Fani
     Director                                  : Hendy
     Director                                  : Man Kit Lee

4.   Business Activities

     Based on Article 3 of the Company's Articles of Association, the purposes and objectives and main
     business activities of the Company is to engage in retail business.

B.   Brief Description of RUMAH

1.   Incorporation of RUMAH

     RUMAH was established based on Deed of Establishment No. 48 dated May 18th 2020 made before
     the Notary Mala Mukti, S.H., LL.M. The deed of establishment was approved by the Minister of Law and
     Human Rights of the Republic of Indonesia in its Decision Letter No. AHU-0024520.AH.01.01.Year 2020
     dated, May 19th, 2020.

     The RUMAH’s office is located at di Jalan Sutera Boulevard Kav. 45, Kel. Kunciran, Kec. Pinang,
     Tangerang City, Banten Province.
                                                                                                                            3
Page 4
2.   Shareholding Composition of RUMAH

     RUMAH's current shareholders composition is as follows:

         No.        Name of Shareholders       Number of Shares    Total Paid-up Capital Stock   Percentage of
                                                                                                  Ownership
          1     PT Hero Supermarket Tbk               70,233,411              702,334,110,000             99.99%

          2     PT Hero Intiputra                             1                        10,000             0.01%

                       TOTAL                          70,233,412              702,334,120,000           100.00%



     The majority shareholder of RUMAH based on the composition of share ownership above is Company
     with an ownership of 99.99%, while the rest is PT Hero Intiputra of 0.01%.

3.   Board of Commissioners and Board of Directors of RUMAH

     The current composition of the Board of Commissioners and Board of Directors of RUMAH is as follows:

     President Commissioner               : Ipung Kurnia
     Commissioner                         : Dina Sandri Fani
     President Director                   : Ingemar Patrik Lindvall
     Director                             : Hadrianus Wahyu Trikusumo
     Director                             : Paulus Raharja

4.   Business Activities of RUMAH

     In accordance with Article 3 of the Deed of Establishment of RUMAH, the purposes and objectives and
     main business activities of RUMAH is to engage in retail business.


                              II.    DESCRIPTION OF THE TRANSACTION

A.   Transaction

     The Transaction is a loan facility received by the Company from the Bank which will subsequently utilized
     by the Company to be injected as equity into RUMAH.

     RUMAH is a controlled subsidiary owned by the Company with a total percentage of ownership
     amounting to 99.99% of all issued and paid-up capital in RUMAH.

B.   Transaction Value

     The Company entered a Loan Agreement with the Bank and receive a loan facility equivalent of
     Rp400,000,000,000 (four hundred billion rupiah). The percentage value of the Transaction is 3 7.47%
     against the Company's equity which is Rp1,067,636,000,000 (one trillion sixty-seven billion six hundred
     thirty-six million rupiah) based on the latest interim consolidated financial statements of the Company
     for the period ending June 30th, 2023 as limited review by Public Accountant Tanudiredja, Wibisana,
     Rintis & Partners.

     The Company used the proceeds from this loan as well as existing cash on its balance sheet and
     injected in sum of Rp450,000,000,000 (four hundred fifty billion rupiah) into RUMAH for the issuance of
     45,000,000 new shares each with a nominal value of Rp10,000 per share that will be subscribed entirely
     by the Company. This capital increase in RUMAH has been approved by the circular resolutions of the
     Board of Commissioners of the Company dated September 6th, 2023 and the circular resolutions in lieu
     of an extraordinary general meeting of shareholders of RUMAH also the circular resolutions of the Board
     of Commissioners of RUMAH, respectively dated September 18th, 2023.




                                                                                                               4
Page 5
C.      Nature of Their Affiliated Relationship

        Here is the structure of Company shareholders that describes the affiliate relationship between
        Company and RUMAH:




         *) Number of shares includes shares owned by the shareholder through Credit Lyonnais Securities Asia (CLSA) Ltd.


 III.        TRANSACTION CONSIDERATIONS AND REASONS AND ITS EFFECT ON THE COMPANY'S
                                      FINANCIAL CONDITION

A.      Consideration and Reason for the Exercise of the Transaction

        The challenges associated with the pandemic has severely impacted RUMAH’s financial position. The
        equity capital injection into RUMAH strengthens RUMAH’s balance sheet, which will in turn support
        RUMAH business operations and future growth. Concurrently, the Company has adequate financial
        headroom to support the majority of this equity capital injection into RUMAH through the loan facility
        with the Bank.

B.      Transaction's Effect on the Company's Financial Condition

        The Company believes that this Transaction will not have a materially negative financial impact towards
        the Company.

C.      Consideration and Reason for the Entrance into the Transaction with Affiliated Party Compared
        to a Similar Transaction if Entered into with a Non-Affiliated Party

        Given that RUMAH is a subsidiary of the Company, there is no alternative to entering into a non-affiliated
        party transaction to support RUMAH with respect to the equity capital injection.

        V.      STATEMENT OF THE BOARD OF DIRECTORS AND BOARD OF COMMISSIONERS

1.      The Board of Directors and Board of Commissioners of the Company state that the Transaction is a
        Material Transaction that does not require the approval of a GMS and to appraise its fairness value for
        its implementation as referred to in OJK Rule 17/2020.

2.      The Board of Directors and Board of Commissioners of the Company state that the Transaction is an
                                                                                                                            5
Page 6
      Affiliated Party Transaction and does not contain a Conflict of Interest as referred to in OJK Rule
      42/2020.

3.    The Board of Directors and the Board of Commissioners of the Company are responsible for the
      accuracy of all information contained in this Disclosure of Information, and after careful examination of
      all the available information relating to the Transaction, hereby declare that to the best of their knowledge
      and confidence, there is no other important and material information relating to the Transaction that is
      not disclosed in this Disclosure of Information that could cause this Disclosure of Information to be untrue
      and/or misleading.

                                    VI.       ADDITIONAL INFORMATION

Should the shareholders of the Company need further information, they may contact the Company at:

                                       PT HERO SUPERMARKET Tbk
                                    Store Support Centre (Head Office)
                               Graha Hero Building, CBD Bintaro Jaya Sektor 7
                              Blok B7/A7 Pondok Jaya, Pondok Aren, Tangerang
                                      Selatan, Banten 15220, Indonesia
                                          Telepon: (021) 8378 8388

                                             Attn.: Corporate Secretary
                                           Email: extcomm@hero.co.id
                                          Official website: www.hero.co.id
                                               Yours faithfully,
                                     Board of Directors of the Company




                                                                                                                  6

File

File Open PDF
Source IDX
Size0.26 MB
Published2 Oct 2023
Pages6
Characters18,572
Text sourceEmbedded text layer
OCR confidence—

Names mentioned 0 people and organisations named in the text · linked when the evidence is strong

The name pass has not read this document yet.

Extraction attempts how the parser did, and what it refused

Nothing structured was extracted from this document — the attempts below say why.

Rule parser Needs review confidence 0.091 1046 ms 12 Sep 2026 22:03
Raw output
{'appraiser_exempt': None,
 'appraiser_name': '',
 'assets': [],
 'currency': None,
 'fact_type': '',
 'issuer_name': '',
 'kind': 'MATERIAL_FACT',
 'kjpp_name': '',
 'letter_number': '',
 'object_text': '',
 'object_truncated': False,
 'parties': [],
 'pct_of_equity': None,
 'reference_period': '',
 'requires_rups': None,
 'rups_date': None,
 'ticker': '',
 'transaction_date': None,
 'valuation_date': None,
 'value': None}
↑↓ select ↵ open ⇧↵ see every result