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20241118_MBMA_Laporan Informasi dan Fakta Material_31778877_lamp2.pdf

Asset transaction Needs review MBMA

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                         INFORMATION DISCLOSURE TO SHAREHOLDERS RELATED
                                    TO AFFILIATED TRANSACTION
                         PT MERDEKA BATTERY MATERIALS TBK (THE “COMPANY”)

This Information Disclosure to Shareholders (as defined below) is made to provide an explanation to the public in
connection with the loan agreement between the Company and PT Merdeka Tsingshan Indonesia which is a
Controlled Entity of the Company.

The Transaction is an Affiliated Transaction as stipulated in the Regulation of the Financial Services Authority of
Republic of Indonesia No. 42/POJK.04/2020 on Affiliated Transaction and Conflict of Interest Transaction.

THE INFORMATION AS STATED IN THIS INFORMATION DISCLOSURE IS IMPORTANT TO BE READ AND
ATTENTION BY THE SHAREHOLDER OF THE COMPANY.

IF YOU HAVE DIFFICULTIES UNDERSTAND THE INFORMATION AS SET FORTH IN THIS INFORMATION
DISCLOSURE, YOU SHOULD CONSULT WITH A LEGAL COUNSEL, A PUBLIC ACCOUNTANT, A FINANCIAL
ADVISOR OR ANY OTHER PROFESSIONAL.

THE BOARD OF COMMISSIONERS AND BOARD OF DIRECTORS OF THE COMPANY DECLARE THAT ALL
INFORMATION OR MATERIAL FACTS CONTAINED IN THIS INFORMATION DISCLOSURE ARE COMPLETE
AND TRUE AND NOT MISLEADING.

THE BOARD OF COMMISSIONERS AND BOARD OF DIRECTORS OF THE COMPANY DECLARE THAT
THIS AFFILIATED TRANSACTION DOES NOT CONTAIN ANY CONFLICT OF INTEREST.




                                   PT MERDEKA BATTERY MATERIALS TBK

                                             Business Activities
  Holding company for business groups engaged in nickel and other mineral mining, processing and other related
                                business activities that are vertically integrated

                              Domiciled in South Jakarta, DKI Jakarta, Indonesia

                                                Headquarter Office
                               Treasury Tower, 69th Floor, District 8 SCBD Lot. 28.,
                               Jl. Jend. Sudirman Kav. 52-53, South Jakarta 12190
                           Telephone: +62 21 3952 5581; Facsimile: +62 21 3952 5582
                                       E-mail: corsec@merdekabattery.com
                                        Website: www.merdekabattery.com

                                             This Information Disclosure
                                     is issued in Jakarta on 18 November 2024




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                                             DEFINITION

“Affiliation”            :   Means the parties as reffered in Article 1 number 1 UUPM as amended by
                             UUP2SK, namely:
                              a. family relationships due to marriage up to the second degree, both
                                 horizontally and vertically, namely the relationship of a person with:
                                 1. husband or wife;
                                 2. parents of the husband or wife and the husband or wife of the
                                     children;
                                 3. grandparents of the husband or wife and the husband or wife of the
                                     grandchildren;
                                 4. siblings of the husband or wife along with the husband or wife from
                                     their siblings; or
                                 5. the husband or wife of the sibiling of the person concerned.
                             b. family relationships due to descent up tp the second degree, both
                                 horizontally and vertically, namely the relationship of a person with:
                                 1. parents and childres;
                                 2. grandparents and grandchildren; or
                                 3. siblings of the person concerned.
                             c. relationship between a party and employees, director or commissioner
                                 of the party;
                             d. relationship between 2 (two) companies which there is 1 (one) or more
                                 members of the same board of directors, management, board of
                                 commissioners, or supervisors are the same;
                             e. relationship between a company and a party, whether direct or indirect,
                                 by any means, controlling or controlled by the company or that party in
                                 determining the management and/or policies of the company or the
                                 concerned party;
                             f. relationship between 2 (two) or more companies controlled, whether
                                 direct or indirect, by any means, in determining the management
                                 and/or policies of the company by the same party; or
                             g. relationship between the company and a major shareholder, that is a
                                 party that direct or indirect own at least 20% (twenty percent) of the
                                 shares with voting rights of the company.

“Conflict of Interest”   :   The difference between the economic interests of a public company and
                             the personal economic interests of members of the board of directors,
                             members of the board of commissioners, major shareholders, or
                             controlling entities that may be harm to the public company concerned.

“Indonesia Stock         :   The regulator in the capital market for stock exchange transactions, which
Exchange”                    in this case is held by PT Bursa Efek Indonesia, is domiciled in South
                             Jakarta.

“MOLHR”                  :   Minister of Law and Human Rights of the Republic of Indonesia.

“MTI”                    :   PT Merdeka Tsingshan Indonesia, domiciled in South Jakarta, is a
                             limited liability company established and operated under the laws of the
                             Republic of Indonesia.

“Financial Services      :   An independent state institution, which has the functions, duties and
Authority” or “OJK”          authorities to regulate, supervise, examine and investigate as referred to
                             the Law No. 21 Year 2011 on the Financial Services Authority, as amended
                             by UUP2SK.

“Shareholders”           :   Parties who have the benefit of the shares of the Company, both in the
                             form of scripts and in collective custody which is keep and administered in
                             the securities account at the Indonesian Central Securities Depository,
                             which registered in the Shareholders Register of the Company which is
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                            administered by the Securities Administration Bureau appointed by the
                            Company.

“Independent            :   Public Appraisal Services Office of Iskandar dan Rekan, an independent
Appraiser” or “KJPP”        appraiser registered with the OJK who have been appointed by the
                            Company to conduct an assessment of the fair value and/or fairness of the
                            Transaction.

“Controlling Entity”    :   Means the Controlling Entity as reffered in POJK 9/2018, namely the party
                            who, either directly or indirectly:
                            a. owns shares in a public company of more than 50% (fifty percent) of
                                 all shares with voting rights that have been fully paid up; or

                            b.   has the ability to determine, either directly or indirectly, in any way the
                                 management and/or policies of a public company.

“Agreement”             :   Loan Agreement made by and between the Company with MTI which is
                            made on 14 November 2024, along with any changes, additions and
                            replacements, which may be made later.

“Company”               :   PT Merdeka Battery Materials Tbk, domiciled in South Jakarta, is a
                            publicly listed company whose shares are listed on the Indonesian Stock
                            Exchange, which is established and operated based on the laws of the
                            Republic of Indonesia.

“POJK 9/2018”               OJK Regulation No. 9/POJK.04/2018 regarding Public Company
                            Takeover.

“POJK 17/2020”          :   OJK Regulation No. 17/POJK.04/2020 regarding Material Transactions
                            and Changes in Business Activities.

“POJK 35/2020”              OJK Regulation No. 35/POJK.04/2020 regarding Assessment of Material
                            Transactions and Changes in Business Activities.

“POJK 42/2020”          :   OJK Regulation No. 42/POJK.04/2020 regarding Affiliated Transactions
                            and Conflict of Interest Transactions.

“Rupiah” or “Rp” or     :   References to Rupiah which is the legal currency of the Republic of
“IDR”                       Indonesia.

“SCM”                   :   PT Sulawesi Cahaya Mineral, domiciled in South Jakarta, is a limited
                            liability company established and operated under the laws of the
                            Republic of Indonesia.

“Affiliated             :   Any activity and/or transaction conducted by a public company or a
Transaction”                controlled entity with an Affiliation of a public company or an Affiliation of a
                            member of the board of directors, member of the board of commissioners,
                            the major shareholders, or the controlling entity, including any activity
                            and/or transaction conducted by a public company or controlled entities for
                            the benefit of affiliation of public company or Affiliation of member of the
                            board of directors, member of the board of commissioners, major
                            shareholders or Controlling Entities.

“Conflict of Interest   :   Transactions that are carried out by public companies or controlled entities
Transaction”                with any party, both with affiliation and parties other than affiliations that
                            contain a conflict of interest.

“USD” or “US$”          :   Reference to the United States Dollar which is the legal currency of the
                            United States.
                                                                                                               3
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     “UUP2SK”                  :   Law No. 4 of Year 2023 on Financial Sector Development and
                                   Strengthening, State Gazette of the Republic of Indonesia No. 4 of Year
                                   2023, along with all its implementing regulations.

     “UUPM”                        Law No. 8 of Year 1995 on Capital Markets and its implementing
                                   regulations.

                                                 INTRODUCTION

In order to comply with the provisions of POJK 42/2020, the Board of Directors of the Company announces
Information Disclosure to provide information to the Shareholders of the Company that on 14 November 2024,
the Company and MTI have signed an Agreement with details as described in the Transaction Agreement
Summary below ("Transaction”).

The transaction carried out is an Affiliated Transaction as referred to POJK 42/2020, in which MTI is a controlled
entity of the Company. However, this Affiliated Transaction is not a Conflict of Interest Transaction as set forth
in POJK 42/2020.

The Affiliated Transaction carried out by the Company complied with the procedures set forth in Article 3 of
POJK 42/2020 and has been executed accordingly per generally accepted business practices.

In accordance with the provisions of Article 4 Paragraph 1 POJK 42/2020, this Transaction is an Affiliated
Transaction which is required to use an Independent Appraiser in determining the fairness of the Affiliated
Transaction, which the fairness of the transaction needs to be announced to the public. Furthermore, the
Company has received the fair value for this Transaction based on the Appraisal Report from KJPP No. No.
00281/2.0118-00/BS/02/0520/1/XI/2024dated 14 November 2024 on the Fairness Opinion Report on of
Provision of Loan Facilities Transaction to MTI by the Company (“Appraisal Report”).

Moreover, the Company is obliged to announce Information Disclosure to the public and submit the Appraisal
Report along with other supporting documents to OJK no later than the end of 2 (two) business days after the
Transaction date as referred to in Article 4 POJK 42/2020.

                                    DESCRIPTION OF THE TRANSACTION

Information Regarding the Parties Involved

1.    Company
      The Company, domiciled in South Jakarta, was initially established under the name PT Hamparan Logistik
      Nusantara based on Deed of Establishment No. 66 dated 20 August 2019, made before Darmawan Tjoa, S.H.,
      S.E., Notary in Jakarta, which has been approved by the MOLHR based on Decree No. AHU-
      0041804.AH.01.01.TAHUN 2019 dated 22 August 2019.

      The Articles of Association of the Company have been amended several times and most recently amended
      pursuant to the Deed of Statement of Shareholder Decisions on Amendments to the Articles of Association
      No. 190 dated 21 June 2024, made before Jose Dima Satria, S.H., M.Kn., Notary in Jakarta, which has been
      approved by the MOLHR based on Decree No. AHU-0037618.AH.01.02.TAHUN 2024 dated 25 June 2024,
      and has been notified to the MOLHR as reflected by the Receipt of Notification Letter on the Amendments to
      Articles of Association No. AHU-AH.01.03-0158280 dated 25 June 2024.

      Based on the provisions of Article 3 of the articles of association of the Company, the Company's aims and
      objectives are to engage in holding company activities and other management consulting activities. To achieve
      the aims and objectives mentioned above, the Company carry out the following business activities

      1.   Holding Company Activities

           Carrying out holding company activities, including ownership and/or control of its subsidiary group; and



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2.   Other Management Consulting Activities

     Other management consulting activities where the main activity (as relevant) is providing assistance with
     advice, guidance and business operations and other management organizational issues, such as
     strategic and organizational planning; decisions relating to finances; marketing objectives and policies;
     human resource planning, practices and policies; scheduling planning and production control.

To achieve the main business activities mentioned above, the Company carry out the following business
activities:

1.   Providing services as counselors and negotiators in designing corporate mergers and acquisition; and

2.   Providing services including assistance with advice, guidance, and business operations and other
     management organizational issues, such as strategic and organizational planning; decisions relating to
     finances; marketing objectives and policies; human resource planning, practices and policies; scheduling
     planning and production control. The provision of these services includes financial assistance, advice,
     guidance and operations for various management functions, agronomic and agricultural economic
     management consultations in the agricultural and similar fields, design of accounting methods and
     procedures, cost accounting programs, budget monitoring procedures, provision of funding, advice and
     assistance for businesses and community services in planning, organizing, efficiency and supervision,
     management information and others including infrastructure investment study services.


Capital Structure and Shareholder Compostion of the Company

Based on the Deed of Statement of Meeting Resolutions on Amendments to the Company's Articles of
Association No. 190 dated 21 June 2024 which has received approval from MOLHR based on Decree No.
AHU-0037618.AH.01.02.TAHUN 2024, and has been notified to the MOLHR as reflected by the Receipt of
Notification Letter on the Changes to the Articles of Association No. AHU-AH.01.030158280 both dated 25
June 2024, the authorized capital of the Company is divided into 430,000,000,000 (four hundred and thirty
billion) shares with a nominal value per share of IDR 100 (one hundred Rupiah). Based on List of
Shareholders of the Company on 31 October 2024 issued by PT Datindo Entrycom as the Share Registrar
of the Company, the capital structure and composition of the shareholders of the Company are as follows

                                                      Nominal Value IDR 100 per Share
                    Details
                                                 Number of Shares        Nominal Value (IDR)          %

 Authorized Capital                                  430,000,000,000       43,000,000,000,000

 Issued and Paid-up Capital
 PT Merdeka Energi Nusantara                          54,045,287,677        5,404,528,767,700        50.044
 Huayong International (Hong Kong) Limited             8,149,060,000          814,906,000,000         7.546
 PT Alam Permai                                        5,861,079,300          586,107,930,000         5.427
 Winato Kartono                                        2,361,003,614          236,100,361,400         2.186
 Andrew Phillip Starkey                                     2,316,200              231,620,000        0.002
 Public                                               37,576,673,109        3,757,667,310,900        34.795
 Total                                               107,995,419,900       10,799,541,990,000       100.000
 Portfolio Shares                                    322,004,580,100       32,200,458,010,000


Composition of the Board of Commissioners and Board of Directors of the Company

Based on the Deed of Shareholder Decision Statement No. 54 dated 16 January 2023 which has been
notified to the MOLHR as reflected by the Receipt of Notification Letter on the Changes to Company Data
No. AHU-AH.01.09-0027503 dated 19 January 2023 and registered in the Company Register at the MOLHR
under No. AHU-0012541.AH.01.11.TAHUN 2023 dated 19 January 2023 in conjunction with Deed of
Statement of Shareholders Decision on Amendments to the Articles of Association No. 60 dated 20
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     February 2023 which has been notified to the MOLHR as reflected by the Receipt of Notification Letter on
     the Changes to Company Data No. AHU-AH.01.09-0093759 dated 20 February 2023 and registered in the
     Company Register at the MOLHR under No. AHU-0036466.AH.01.11.TAHUN 2023 dated 20 February
     2023 in conjunction with Deed of Shareholder Decision Statement No. 156 dated 30 June 2023 has been
     notified to the MOLHR as reflected by the Receipt of Notification Letter on the Changes to Company Data
     No. AHU-AH.01.09-0135091 dated 6 July 2023 and registered in the Company Register at the MOLHR
     under No. AHU-0126139.AH.01.11.TAHUN 2023 dated 6 July 2023 in conjunction with Deed of Meeting
     Decision Statement No. 89 dated 20 October 2023 which has been notified to the MOLHR as reflected by
     the Receipt of Notification Letter on the Changes to Company Data No. AHU-AH.01.09-0179842 dated 31
     October 2023 and registered in the Company Register at the MOLHR under No. AHU-
     0218000.AH.01.11.TAHUN 2023 dated 31 October 2023, all made before Jose Dima Satria, S.H., M.Kn.,
     Notary in Jakarta, the composition of the members of the Board of Commissioners and Board of Directors
     of the Company on the date this Information Disclosure was published is as follows following:

     Board of Commissioners:
     President Commissioner   : Winato Kartono
     Commissioner             : Michael W. P. Soeryadjaya
     Independent Commissioner : Dr. Didi Achjari, S.E., M.Com., Ak.

     Board of Directors:
     President Director             : Devin Antonio Ridwan
     Vice President Director        : Jason Laurence Greive
     Director                       : Titien Supeno
     Director                       : Andrew Phillip Starkey

2.   MTI
     MTI, domiciled in South Jakarta, is a limited liability company established under the Deed of Establishment
     No. 40 dated 18 March 2021, made before Darmawan Tjoa, S.H., S.E., Notary in Jakarta, which has been
     approved by the Minister by virtue of Decree No. AHU0019293.AH.01.01.TAHUN 2021 dated 18 March
     2021.

     Article of Association of MTI has been last amended based on Deed of Circular Resolutions in Lieu of
     Extraordinary General Meeting of Shareholders No. 33 dated 9 March 2022, drawn up before Darmawan
     Tjoa, S.H., S.E., Notary in Jakarta, which has been approved by Minister by virtue of Decree No. AHU-
     0016812.AH.01.02.TAHUN 2022 dated 9 March 2022 and has been notified to the Minister as reflected by
     the Receipt of Notification Letter of the Amendment of Articles of Association No. AHU-AH.01.03-0154821
     dated 9 March 2022 (“Deed 33/2022”).

     Based on the provisions of Article 3 of Articles of Association of MTI, the purpose and objective of MTI are
     to carry out a business in the field of other inorganic basic chemical industries; iron and steel making
     industry; precious base metal manufacturing industry; non-iron base metal manufacturing industry; and
     specific telecommunications operations for self-purposes.

     To achieve the abovementioned purposed and objectives, MTI may carry out the business activites as
     follows:

     1.   Other Inorganic Basic Chemical Industry (KBLI 20114);
          Carrying out other basic inorganic chemical industries that produce chemical substances such as
          phosphorus with its derivatives, sulfur with its derivatives, nitrogen with its derivatives, and basic
          chemical industry that produces halogen compound and their derivatives, metals except alkali metal,
          oxide compounds except for pigments. Including the raw material industry for explosives, including
          carrying out an inorganic basic chemical industry that produces chemical substances through the
          construction and operation of the project (Project) which includes a sulphide roast plant, crusher
          factory, grinder and float (CGF) factory, chloridising roast factory, acid filter plant high pressure (HPAL)
          and metal extraction or screening plants (as a whole, Factories) and other necessary infrastructure.

     2.   Iron and Steel Making Industry (KBLI 24101);
          Carrying out the business of making iron and steel in basic forms, such as iron ore pellets, sponge
          iron, pig iron and the making of iron and steel in the form of coarse steel such as ingots, steel billets,
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      bloom steel and steel slabs. This includes the manufacture of iron and alloy steel. Including furnace,
      steel converter, rolling mill and finishing activities; production of pig iron in basic forms such as blocks;
      production of iron alloy; production of iron products that are reduced directly from iron ore and other
      hollow iron products; production of iron from refining by electronic processes and other chemical
      processes; production of iron grains and iron powder; production of ingots or other basic forms; re-
      smelting of scrap iron or steel ingots; and semi-finished steel production.

 3.   Base Metal Manufacturing Industry (KBLI 24201);
      Carrying out the business of refining, smelting, alloying and casting precious metals in basic forms
      (ingots, billets, slabs, rods, pellets, blocks, sheets, pigs, alloys and powders) such as silver ingots,
      gold ingots, platinum pellets and so on.

 4.   Non-Iron Base Metal Manufacturing Industry (KBLI 24202);
      Carrying out a refining, smelting, alloying and casting business of non-ferrous metals in basic forms
      (ingots, billets, slabs, rods, pellets, blocks, sheets, pigs, alloys and powders) such as brass ingots,
      aluminum ingots, zinc ingots, copper ingots, tin ingots, brass billets, aluminum billets, brass slabs,
      aluminum slabs, brass rods, aluminum bars, brass pellets, aluminum pellets, bronze alloys, nickel
      alloys and bearing metals and rare earth metals and alloys rare earth metals (15 elements lanthanides
      plus elements scandium and yttrium).

 5.   Specific Telecommunications Activities for Self-Purpose (KBLI 61992);
      Carrying out a telecommunications operation that is specifically used for selfpurpose in terms of
      developing hobbies and self-training.

 Capital Structure and Shareholder Composition of MTI

 Based on the Deed of Circular Decision Statement in Lieu of the Extraordinary General Meeting of
 Shareholders No. 42 dated 10 May 2021, made before Darmawan Tjoa, S.H., S.E., Notary in Jakarta, which
 has obtained approval from the MOLHR based on Decree No. AHU-0028507.AH.01.02.TAHUN 2021 dated
 10 May 2021 and has been notified to the MOLHR as reflected by the Receipt of Notification Letter of
 Amendment to Articles of Association No. AHU-AH.01.03-0301259 dated 10 May 2021 in conjunction with
 Deed 33/2022, the capital structure and composition of shareholders in MTI is as follows:

                                                       Nominal Value IDR 1.000.000 per Share
                     Details
                                                     Number of Shares          Nominal Value (IDR)            %

  Authorized Capital                                             1,260,000         1,260,000,000,000

  Issued and Paid-up Capital
  PT Batutua Pelita Investama                                    1,008,000         1,008,000,000,000               80
  Wealthy Source Holding Limited                                   252,000           252,000,000,000               20
  Total                                                          1,260,000         1,260,000,000,000              100
  Portofolio Shares                                                        -                          -


Capital Structure and Shareholder Composition of MTI
Based on the Deed of Statement of Circular Resolutions of MTI Shareholders in Lieu of the Annual General
Meeting of Shareholders No. 79 dated 26 July 2024, made before Darmawan Tjoa, S.H., S.E., Notary in Jakarta
which was notified to the MOLHR as reflected by the Receipt of Notification Letter of Changes to Company Data
No. AHU-AH.01.09-0233668 dated 31 July 2024, the composition of the Board of Commissioners and Board of
Directors of MTI on the date of publication of this Information Disclosure is as follows:
Board of Commissioners
President Commissioner          :   Winato Kartono
Commissioner                    :   Gavin Arnold Caudle
Commissioner                    :   Xin Zhi
Commissioner                    :   Renhui Wang


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     Board of Directors
     President Director            : Albert Saputro
     Director                      : David Thomas Fowler
     Director                      : Fan Zhang
     Director                      : Cheng Li

Transaction Value and Scope of the Agreement

Pursuant to the Agreement, the Company as the lender, agreed to provide financing funds to MTI in the amount
up to US$200,000,000 (two hundred million United States Dollars). The funds will be used by MTI for general
corporate purposes.


The Transaction is not a material transaction as referred in POJK 17/2020 considering that the value of
Transaction does not reach 20% (twenty percent) of the Company's equity value in accordance with the
Financial Statements of the Company and its subsidiaries for the six-month period ended 30 June 2024 audited
by KAP Tanubrata Sutanto Fahmi Bambang & Rekan.

Nature and Affiliated Relationships

The nature of the affiliation relationship between the Company and MTI, as follows:

1.   MTI is a controlled entity of the Company which shares is indirectly owned by the Company in the amount
     of 80% (eighty percent) through PT Batutua Pelita Investama (“BPI”); and

2.   There is a commissioner of MTI who also serve as a member of the board of commissioners or the
     Company.

                                    SUMMARY OF APPRAISER’S REPORT
KJPP who has been appointed by the Board of Directors of the Company as the independent appraiser in
accordance with engagement letter No. 186.1/IDR/DO.2/Pr-FO/X/2024 dated 21 October 2024, has been
requested to provide an assessment of and provide an opinion of the Transaction’s fairness.

Fairness Opinion Report on Transaction
The following is a summary of the KJPP’s fairness opinion report on the Transaction as stated in its report No.
No. 00281/2.0118-00/BS/02/0520/1/XI/2024 dated 14 November 2024

a.    Transacting Parties
      The transacting parties are the Company and MTI, where the Company is acting as a lender and MTI is
      acting as a borrower.

b.    Appraisal Object
      The object of the Appraisal is a transaction plan for providing loan facilities to MTI by the Company.

c.    Purpose and Objective of Appraisal
      The purpose of the appraisal is to provide a fairness opinion on the propoesd transaction for
      implementation of the proposed transaction.

d.    Limiting Assumptions and Conditions
        1.   Appraisal report is a non disclaimer opinion.
        2.   The appraiser has reviewed the legal status of the documents used in the assessment process.
        3.   Data and information come from sources whose accuracy can be trusted.
        4.   The financial projections used are financial projections that have been adjusted to reflect the
             fairness of the financial projections made by management with their ability to achieve (fiduciary
             duty), if the assessment uses financial projections.
        5.   KJPP is responsible for the implementation of assessments and the fairness of financial projections.
        6.   The assessment report is publicli available save for any confidential information, which may affect
             the operation of the Company.
        7.   KJPP is responsible for the assessment report and final value conclusion.
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      8.    KJPP has obtained information on the legal status of the Assessment Object from the Company.
      9.    Assumptions and other limiting conditions are disclosed in the assessment report.

e.   Approach and Methodology
     In accordance with the scope of the assessment, the approaches and methods used are:

       1.   Conduct transaction analysis.
       2.   Conduct qualitative analysis of the transaction.
       3.   Conduct quantitative analysis of the transaction.
       4.   Conduct collateral analysis related to the transaction.
       5.   Conduct a fairness analysis of the transaction value.
       6.   Conduct analysis of other relevant factors.

f.   Conclusion
     The amount of funds from the transaction object in the form of providing loan facilities to MTI by the
     Company can be repaid at maturity, thus it can be concluded that the amount of funds from the transaction
     object is fair.

     The results of the analysis of the interest rates on loans from the Company charged to MTI are still within
     the range of similar interest rates from several previous transactions, thus it can be concluded that the loan
     interest rates charged by the Company to MTI is fair.

     The results of the analysis of the financial impact of the transactions to be carried out on the interests of
     shareholders provide the conclusion that carrying out the transactions will increase the profit of the
     Company and profitability on a consolidated basis which can provide added value for the Company,
     thereby being in line with the interests of shareholders.

     The results of the analysis of business considerations used by company management in relation to the
     proposed transaction that will be carried out in the interests of shareholders are that the Company as a
     shareholder of MTI can indirectly through BPI support MTI's funding needs so that MTI can provide added
     value to the Company in accordance with the interests of shareholders.

     Based on the conclusions from the results of the analysis above, we are of the opinion that the transaction
     is fair.


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                    THE EFFECT OF THE TRANSACTION ON THE FINANCIAL CONDIITION OF THE COMPANY
           The Effect of the Transaction on the Financial Condition of the Company

           The table below shows an overview of the financial condition of the Company and its subsidiaries as of 30 June
           2024 before and after carrying out the Affiliated Transaction.

                                                                                  AUDITED         PROFORMA        PROFORMA
                           DESCRIPTION                              UNIT
                                                                                30 JUNE 2024     ADJUSTMENTS     30 JUNE 2024
ASSETS
CURRENT ASSETS

Cash and cash in banks                                               USD
                                                                                   247,164,840             -         247,164,840
Trade receivables                                                    USD
                                                                                   177,619,585             -         177,619,585
Other receivables                                                    USD
                                                                                     1,154,591             -           1,154,591
Inventories                                                          USD
                                                                                   202,496,661             -         202,496,661
Advances and prepayments - current portion                           USD
                                                                                    23,000,281             -          23,000,281
Prepaid taxes                                                        USD
                                                                                    78,413,727             -          78,413,727
Estimated claims for tax refund                                      USD
                                                                                    60,003,412             -          60,003,412
Total current assets                                                 USD
                                                                                  789,853,097              -        789,853,097
NON-CURRENT ASSETS

Advances and prepayments - non-current portion                       USD
                                                                                    45,225,333             -          45,225,333
Advances of investments                                              USD
                                                                                    11,267,306             -          11,267,306
Investment in associates                                             USD
                                                                                    51,382,203             -          51,382,203
Right-of-use assets                                                  USD
                                                                                     7,338,184             -           7,338,184
Property, plant and equipment                                        USD
                                                                                 1,508,525,825             -       1,508,525,825
Mining properties                                                    USD
                                                                                   516,025,381             -         516,025,381
Goodwill                                                             USD
                                                                                   358,694,581             -         358,694,581
Prepaid taxes                                                        USD
                                                                                     7,079,297             -           7,079,297
Deferred tax assets                                                  USD
                                                                                     1,524,116             -           1,524,116
Intangible assets                                                    USD
                                                                                       699,457             -                699,457
Other non-current assets                                             USD
                                                                                     1,811,929             -           1,811,929
Total non-current assets                                             USD
                                                                                2,509,573,612              -      2,509,573,612
TOTAL ASSETS                                                         USD
                                                                                3,299,426,709              -      3,299,426,709
LIABILITIES AND EQUITY
LIABILITIES
CURRENT LIABILITIES
                                                                     USD
Trade payables                                                                     206,279,967             -         206,279,967
                                                                     USD
Accrued expenses - current portion                                                  49,032,549             -          49,032,549
                                                                     USD
Taxes payable                                                                        3,413,266             -           3,413,266
                                                                     USD
Dividends payables                                                                   7,804,902             -           7,804,902
                                                                     USD
Contract liabilities                                                                 1,416,257             -           1,416,257


                                                                                                                             10
Page 11
                                                                       USD
Derivative liabilities - current portion                                             414,255             -                414,255
Borrowings - current portion:
                                                                       USD
    - Bank loans and credit facility                                              26,053,038             -          26,053,038
                                                                       USD
    - Bonds payable                                                               31,945,910             -          31,945,910
                                                                       USD
    - Lease liabilities                                                            1,820,379             -           1,820,379
                                                                       USD
Total current liabilities                                                       328,180,523              -        328,180,523
NON-CURRENT LIABILITIES
                                                                       USD
Accrued expenses - non-current portion                                             7,957,818             -           7,957,818
Borrowings - net of current portion:
                                                                       USD
    - Bank loans and credit facility                                             256,003,092             -         256,003,092
                                                                       USD
    - Loans from shareholder                                                     195,000,000             -         195,000,000
                                                                       USD
    - Loans from shareholder of subsidiary                                        24,681,300             -          24,681,300
                                                                       USD
    - Lease liabilities                                                            2,782,120             -           2,782,120
                                                                       USD
    - Bonds payable                                                               59,149,022             -          59,149,022
                                                                       USD
Deferred tax liabilities                                                          91,241,354             -          91,241,354
                                                                       USD
Post-employment benefits liability                                                 2,339,991             -           2,339,991
                                                                       USD
Provision for rehabilitation, reclamation and mine closure                         6,827,733             -           6,827,733
                                                                       USD
Derivative liabilities – non-current portion                                         406,650             -                406,650
                                                                       USD
Total non-current liabilities                                                   646,389,080              -        646,389,080
                                                                       USD
TOTAL LIABILITIES                                                               974,569,603              -        974,569,603
EQUITY
Share capital                                                          USD
                                                                                 739,792,644             -         739,792,644
Additional paid-in capital - net                                       USD
                                                                                 765,623,482             -         765,623,482
Difference in value from transactions with non-controlling interests   USD
                                                                                    (365,412)            -           (365,412)
Other comprehensive loss                                               USD
                                                                                    (258,130)            -           (258,130)
Retained earnings                                                      USD
                                                                                  47,349,697             -          47,349,697
Non-controlling interests                                              USD
                                                                                 772,714,825             -         772,714,825
TOTAL EQUITY                                                           USD
                                                                              2,324,857,106              -      2,324,857,106
TOTAL LIABILITIES AND EQUITY                                           USD
                                                                              3,299,426,709              -      3,299,426,709


         DESCRIPTION, CONSIDERATION, AND REASON FOR THE AFFILIATED TRANSACTION COMPARED WITH
              OTHER SIMILIAR TRANSACTION WHICH ARE NOT PERFOMED WITH AFFILIATED PARTIES
          By implementing the Transaction, The Company can provide funding support that will be used by MTI as
          described in the Transaction Value and Scope of Agreement.

          Thus, the Transaction will be more efficient if carried out with the Company as the holding company of MTI.
          Furthermore, it is hoped that the Transaction can have a positive impact on the Company, which ultimately
          creates added value for the Shareholders of the Company indirectly.

          Transactions have also been assessed by internal procedures with using similar terms and conditions as if the
          Transaction were conducted with a non-affiliated party, hence the terms and conditions of the Transaction are

                                                                                                                           11
Page 12
carried out by commomnly accepted business practices. Furthermore, the Transactions is also more effective
and efficient if it is carried out between parties affiliated of the Company.


 STATEMENT OF THE BOARD OF COMMISSIONERS AND BOARD OF DIRECTORS OF THE COMPANY
The Board of Commissioners and Board of Directors of the Company, individually and jointly, state that all
material information related to the Transaction has been disclosed and the information is not misleading and
the Transaction is not a Conflict of Interest Transaction as referred to POJK 42/2020 and is not a material
transaction as referred to POJK 17/2020 considering that the Transaction value does not reach 20% (twenty
percent) of the Company's equity value in accordance with the Financial Statements of the Company and its
subsidiaries for the six-month period ended 30 June 2024 which was audited by KAP Tanubrata Sutanto Fahmi
Bambang & Rekan.

The Board of Directors of the Company stated that the Transaction was carried out in accordance with the
procedures as required by POJK 42/2020 to ensure that Affiliated Transactions have been carried out in
accordance with prevailing regulation and generally accepted business practices.


                                        [this page intentionally left blank]




                                                                                                               12
Page 13
                                        ADDITIONAL INFORMATION
For further information, you can contact the Company at the following address:

                                      PT Merdeka Battery Materials Tbk
                                              Corporate Secretary
                               Treasury Tower, 69th Floor, District 8 SCBD Lot. 28
                              Jl. Jend. Sudirman Kav. 52-53, South Jakarta 12190
                                         Telephone: +62 21 3952 5581
                                          Facsimile: +62 21 3952 5582
                                     E-mail: corsec@merdekabattery.com
                                      Website: www.merdekabattery.com




Initial:




                                                                                     13

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Source IDX
Size0.71 MB
Published18 Nov 2024
Pages13
Characters48,362
Text sourceEmbedded text layer
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Names mentioned 29 people and organisations named in the text · linked when the evidence is strong

linked org MERDEKA BATTERY MATERIALS TBK p.1 ×11
linked org PT Alam Permai p.5
linked person Winato Kartono p.5 ×3
linked person Andrew Phillip Starkey p.5 ×2
linked person Dr. Didi Achjari · Commissioner p.6 ×2
linked person Devin Antonio Ridwan p.6
linked person Jason Laurence Greive p.6
linked person Titien Supeno p.6
linked person Gavin Arnold Caudle p.7
linked person David Thomas Fowler p.8
possible org PT Bursa Efek Indonesia p.2
possible person Michael W. P. Soeryadjaya p.6
possible person Albert Saputro p.8
unresolved org PT Merdeka Tsingshan Indonesia p.1 ×2
unresolved org Financial Services Authority p.1 ×2
unresolved org Minister of Law and Human Rights p.2
unresolved org Iskandar dan Rekan p.3
unresolved org PT Sulawesi Cahaya Mineral p.3
unresolved org KJPP p.4
unresolved org PT Hamparan Logistik Nusantara p.4
unresolved person Darmawan Tjoa · Notaris p.4 ×9
unresolved person Jose Dima Satria · Notaris p.4 ×3
unresolved org PT Datindo Entrycom p.5
unresolved org PT Batutua Pelita Investama p.7 ×2
unresolved org Wealthy Source Holding Limited p.7
unresolved org Tanubrata Sutanto Fahmi Bambang & Rekan p.8 ×2
unresolved org Tanubrata Sutanto Fahmi Bambang p.8 ×2

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 2498 ms 12 Sep 2026 22:56
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