Skip to content
Back to announcement

20240423_MAPA_Informasi Transaksi Afiliasi_31628939_lamp2.pdf

Asset transaction Needs review MAPA

Source file signed link, expires in 15 minutes

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

Extracted text 8

Page 1
                     DISCLOSURE OF INFORMATION TO SHAREHOLDERS OF
                                PT MAP AKTIF ADIPERKASA TBK
                              (“DISCLOSURE OF INFORMATION”)
In compliance with the Financial Services Authority Regulation No. 42/POJK.04/2020 concerning
       Affiliate Transaction and Transaction with Conflict of Interest (“POJK 42/2020”).



   THE INFORMATION CONTAINED IN THIS DISCLOSURE OF INFORMATION IS OF UTMOST
 IMPORTANCE AND THEREFORE, MUST BE READ AND CONSIDERED BY THE SHAREHOLDERS OF
                  PT MAP AKTIF ADIPERKASA TBK (the “Company”)




                                    Main Business Activities:
                                   Engaged in general trading,
           including retail trade, and act as an agent or distributor for other parties

                            Domiciled in Central Jakarta, Indonesia

                                           Head Office:
                                 Sahid Sudirman Center, Lt. 26
                                   Jl. Jend. Sudirman Kav. 86
                                    Jakarta 10220, Indonesia
                                   Phone: +62 21 8064 8488
                                 Website: www.mapactive.id
                                 Email: corpsec@mapactive.id

THE BOARD OF DIRECTORS AND BOARD OF COMMISSIONERS OF THE COMPANY, EITHER
INDIVIDUALLY OR JOINTLY, ARE RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THE
INFORMATION AS DISCLOSED IN THIS DISCLOSURE OF INFORMATION AND AFTER CAREFUL
EXAMINATION, AFFIRM THAT THE INFORMATION CONTAINED IN THE DISCLOSURE OF
INFORMATION IS CORRECT AND THERE IS NO MATERIAL AND RELEVANT IMPORTANT FACT THAT
IS NOT DISCLOSED OR OMITED IN THE DISCLOSURE OF INFORMATION SO THAT THE INFORMATION
PROVIDED IN THE DISCLOSURE OF INFORMATION BECOMES INCORRECT AND/OR MISLEADING.




                     This Disclosure of Information is published in Jakarta
                                          on 26 April 2024
Page 2
                                          I. PRELIMINARY
On 28 March 2024, the Company and PT Sports Direct Indonesia having its domicile in Jakarta Pusat
(hereinafter referred to as “SDI”) has entered into Facility Agreement in which the Company agree
to grant loan facility to SDI in the maximum amount in Rupiah equivalent to USD 10,000,000 (Ten
Million United States Dollar) or such other amount agreed or to be agreed in writing between the
Company and SDI (“Facility Agreement”). Pursuant to the Facility Agreement, the Company’s
obligation to grant loan facility to SDI shall be effective on the date of Fairness Opinion over the grant
of loan by the Company to SDI. The Fairness Opinion over the Transaction is issued on 24 April 2024.

SDI is the Controlled Company of the Company with direct share ownership by the Company of 50%.

In accordance with the prevailing regulations, specifically the provision of Article 4 POJK 42/2020,
the Board of Directors of the Company hereby announces this Disclosure of Information for the
purpose of providing elaboration, consideration, and reasons of the Transaction (as defined below)
to the Shareholders of the Company in compliance with POJK 42/2020 specifically the provisions in
Article 4.

                                II.    DESCRIPTION OF THE TRANSACTION
A. Transaction
    a. Name and Date of the Transaction: The grant of loan facility from the Company to SDI as
       stipulated in the Facility Agreement (hereinafter referred to as “Transaction”).

     b. Object of Transaction: grant of loan facility by the Company to SDI based on Facility
        Agreement with the maximum amount in Rupiah equivalent to USD 10,000,000 (Ten Million
        United States Dollar) or such other amount agreed or to be agreed in writing between the
        Company and SDI, with interest rate 7.75% per annum (subject to annual review by the
        Company and SDI with a view to remaining in line with prevailing market rates). The loan
        shall be due and payable in full on a date falls five (5) years from the date of the agreement
        (i.e., 28 March 2029) or on the occurrence of event of default (whichever is the earlier).
        Unless the parties agrees otherwise, the term of the loan shall automatically extended for
        additional six (6) months.

     c. The Transaction value: Rp. 162,440,000,000 (One Hundred Sixty Two Billion Four Hundred
        Forty     Million    Rupiah)     which      is    equivalent    to    USD      10,000,000
        (Ten Million United States Dollar) calculated based on Bank Indonesia’s middle rate on the
        date of Fairness Opinion relating to the Transaction (24 April 2024), that is 1 USD = Rp.
        16,244.

B. Information Regarding the Parties Conducting Transactions
   1. PT Map Aktif Adiperkasa Tbk.
      a. Brief history
         The Company is domiciled in Jakarta Pusat, is incorporated based on Deed of
         Establishment No. 40 dated 11 March 2015, made before Hannywati Gunawan, SH, Notary
         in Jakarta. The Deed of Establishment of the Company has been ratified by the Minister of Law
         and Human Rights of the Republic of Indonesia based on Decree No. AHU-
         0011719.AH.01.01.TAHUN 2015 dated 13 March 2015.

          The Articles of Association of the Company were amended from time to time, lastly was
          amended based on Deed of Restatement of Minutes of Meeting No. 172, dated 20 June
          2023, made before Hannywati Gunawan, SH, Notary in Jakarta, which has been notified to
          the Minister of Law and Human Rights as evidenced by Receipt of Notification of
          Amendment of Articles of Association No. AHU-AH.01.03-0083476 dated 26 June 2023.
Page 3
b. Purposes, Objectives and Business Activities
   Based on Article 3 of the Articles of Association of the Company, the purpose and objective
   of the Company is to conduct business in the area of:
   a. wholesale and retail trade;
   b. logistic and warehouse; and
   c. professional, scientific and technical activities

   To achieve the above purpose and objectives, the Company may conduct business
   activities as follow:

   Main Business Activity
   a. to perform business in the area of wholesale, other than car and motorcycle and retail,
      other than car and motorcycle;
   b. to act as agent, supplier, franchisee and/or distributor for other entities and
      companies, whether local or overseas.

   Supporting Business Activities
    a. To conduct import and export across islands/regions as well as locally, for any goods
        that can be traded, either for own calculations, or for calculations of other people, or
        legal entities on the basis of commission;
    b. To conduct business in the textile (factory) industry for any material that can be
        produced in the country, including apparel, shoes and handicrafts;
    c. To conduct business in the transportation sector using motorized vehicles, either to
        transport passengers and to transport goods;
    d. Carry out accounting activities and management consulting activities, in the field of
        providing services and consulting in general, including management consulting
        services, production, accounting methods and procedures as well as human resource
        development (except for travel services and consultants in the fields of law and
        taxation).

c. Capital Structure and Share Ownership
   As of the date of this Disclosure of Information, the capital structure and shareholders
   composition of the Company is based on the Company’s Shareholders Register as per 31
   March 2024 issued by PT Datindo Entrycom, as Securities Administration Bureau of the
   Company, that is as follows:
                                                               Nominal amount
                                           Number of
             Description                                          @Rp10                   (%)
                                            Shares
                                                                    (Rp)
    Authorised Capital                   50,000,000,000            500,000,000,000

    Issued and Paid Up Capital:

    PT Mitra Adiperkasa Tbk.             19,618,986,600            196,189,866,000        68.83

    Public                                8,885,013,400             88,850,134,000        31.17

    Total Issued and Paid Up Capital     28,504,000,000            285,040,000,000       100.00


d. Management and Supervisory

   On the date of the Disclosure of Information, the composition of the Board of Directors and
   Board of Commissioners of the Company are as follows:
Page 4
      Board of Directors
      President Director : Nicholas Jones
      Director           : Handaka Santosa
      Director           : Sjeniwati Gusman
      Director           : Miquel Rodrigo Staal

      Board of Commissioners
      President Commissioner      : Virendra Prakash Sharma
      Vice President Commissioner : Susiana Latif
      Independent Commissioner : Hendry Hasiholan Batubara

  e. Address
     The Company is having its address at Sahid Sudirman Center, 26th Floor, Jl. Jenderal
     Sudirman Kav. 86, Jakarta Pusat, Jakarta 10220.

2. PT Sports Direct Indonesia
   a. Brief history
      SDI domiciled in Jakarta Pusat, is incorporated based on Deed of Establishment No. 134
      dated 21 July 2023, made before Hannywati Gunawan, SH, Notary in Jakarta (“Deed No.
      134/2023”). The Deed of Establishment of SDI has been ratified by the Minister of Law and
      Human Rights of the Republic of Indonesia based on Decree No. AHU-
      0058475.AH.01.01.Tahun 2023 dated 9 August 2023.

  b. Purposes, Objectives and Business Activities
     Based on Article 3 of the Articles of Association of SDI, the purpose and objective of SDI is
     to conduct business in the area of:
     a. trade; and
     b. portal web

     To achieve the above purpose and objectives, SDI may conduct business activities as
     follows:

     Business Activities
     a. to conduct retail trading of various kinds of goods which are not mainly food, drinks or
         tobacco at Toserba (Department Store);
     b. to conduct retail trading specifically in sports equipments in stores;
     c. to conduct retail trading specifically game tools and children toys in stores;
     d. to conduct retail trading of clothes;
     e. to conduct retail trading of shoes, sandals and other footwear;
     f. to conduct retail trading of clothing complementary;
     g. to conduct retail trading of bags, wallets, suitcases, backpacks and the like;
     h. to conduct retail trading of eyewear;
     i. to conduct retail trading of watches;
     j. to conduct retail trading of other new goods which are not included in others;
     k. to conduct retail trading through media for textile commodities, clothes, footwear and
         personal purposes goods;
     l. to conduct retail trading through media for mixed goods;
     m. to conduct retail trading through media for a variety of other goods;
     n. web portal and/or digital platform with commercial purposes.
Page 5
    c.   Capital Structure and Share Ownership
         As of the date of this Disclosure of Information, the capital structure and shareholders
         composition of SDI is based on Deed No. 134/2023, that is as follow:

                                                                     Nominal amount
                                                 Number of
                    Description                                     @Rp1,000,000.00            (%)
                                                  Shares
                                                                           (Rp)

          Authorised Capital                            10,000         10,000,000,000.00

          Issued and Paid Up Capital:
          1. PT Map Aktif Adiperkasa, Tbk                5,000       5,000,000,000.00              50.00
          2. Sports Direct Malaysia Sdn.Bhd              5,000       5,000,000,000.00              50.00


          Total Issued and Paid Up Capital              10,000      10,000,000,000.00          100.00

      d. Management and Supervisory

         On the date of the Disclosure of Information, the composition of the Board of Directors
         and Board of Commissioners of SDI are as follow:

         Board of Directors
         President Director : James Anthony France
         Director           : Miquel Rodrigo Staal
         Director           : Paul Edward Gibbons

         Board of Commissioners
         President Commissioner      : David Ghassan Al-mudallal
         Vice President Commissioner : Virendra Prakash Sharma

      e. Address
         SDI having its address at Sahid Sudirman Center, 37th Floor, Jl. Jenderal Sudirman Kav.
         86, Jakarta Pusat, Jakarta 10220.

C. Affiliate Relationship
    a. SDI is the Controlled Company of the Company with shares ownership by the Company of
       50%.
    b. There is a member of the Director and Commissioner of the Company who also holds a
       position as Director and Commissioner of SDI.

                            III.       SUMMARY OF APPRAISAL’ REPORT

A. Independent Party Appointed relating to the Transaction
   The Company appointed a Kantor Jasa Penilai Publik Kusnanto & rekan (“KR”) based on the
   Decree of the Minister of Finance No. 2.19.0162 dated 15th July 2019 and registered as a capital
   market supporting professional service office at the Financial Services Authority with a Capital
   Market Supporting Professional Registration Certificate No. STTD.PB-02/PJ-1/PM.223/2023
   (business appraiser), to provide a fairness opinion over the Transaction based on assignment
   letter No. KR/240301-001 dated 1 March 2024 which has been approved by the management of
   the Company.
Page 6
B. Opinion of Independent Appraisal
   Summary of Fairness Opinion Report
   Summary of Fairness Opinion Report No. 00049/2.0162-00/BS/05/0382/1/IV/2024 dated 24
   April 2024 prepared by KR.

          Parties involved in the Transaction

           Parties involved in the Transaction are the Company and SDI.

          Fairness Opinion Object

           The transaction object in the Fairness Opinion of the Transaction is a transaction where
           the Company has agreed to provide a loan facility in Rupiah currency or the equivalent
           of USD 10.00 million, which is calculated based on the exchange rate at the time the
           loan was received by SDI, or another amount agreed in writing between the Company
           and SDI, with an interest rate of 7.75% per year, which will mature five (5) years from
           the date of the Facility Agreement in connection with the Transaction.

          Purpose and Objective of the Fairness Opinion

           Purpose and objective of the preparation of the Fairness Opinion on the Transaction is
           to provide an overview on the fairness of the Transaction to the Company’s Directors
           from financial aspects and to comply with the applicable regulations, i.e. POJK 42/2020.

          Main Assumptions and Limiting Conditions

           The Fairness Opinion analysis on the Transaction was prepared using the data and
           information as disclosed above, such data and information of which KR have reviewed.
           In performing the analysis, KR relied on the accuracy, reliability and completeness of all
           financial information, information on the legal status of the Company and other
           information provided to KR by the Company or publicly available and KR are not
           responsible for the accuracy of such information. Any changes to the data and
           information may materially influence the outcome of KR opinion. KR also relied on
           assurances from the management of the Company that they did not know the facts
           which led to the information given to KR to be incomplete or misleading. Therefore, KR
           are not responsible for the changes in the conclusions of KR Fairness Opinion caused by
           changes in those data and information.

           The Company's financial projections before and after the Transaction was prepared by
           the Company's management. KR have reviewed such financial projections and those
           financial projections have described the operating conditions and performance of the
           Company. Overall, KR not any significant adjustments to be made to the performance
           targets of the Company.

           KR’s did not perform an inspection of the Company's fixed assets or facilities. In addition,
           KR also did not give an opinion on the tax impact of the Transaction. The service KR
           provided to the Company in connection with the Transaction merely was the provision
           of the Fairness Opinion on the Transaction, not accounting services, auditing or taxation.
           KR did not perform observation on the validity of the Transaction from legal aspects and
           implication of taxation aspects. The Fairness Opinion on the Transaction was only
           performed from economic and financial aspects. The fairness opinion report on the
           Transaction represented a non-disclaimer opinion and was an open-for-public report
           unless there was confidential information on such report, which might affect
Page 7
    the Company's operations. Furthermore, KR have also obtained the information on the
    legal status of the Company based on the articles of association of the Company.

    KR’s work related to the Transaction was not and could not be interpreted in any form,
    a review or an audit or an implementation of certain procedures of financial information.
    The work was also not intended to reveal weaknesses in internal control, errors or
    irregularities in the financial statements or violation of law. In addition, KR did not have
    the authority and was not in a position to obtain and analyze a form of other transactions
    that existed and might be available to the Company other than the Transaction and the
    effect of these transactions to the Transaction.

    This Fairness Opinion was prepared based on the market and economic conditions,
    general business and financial conditions as well as government regulations related to
    the Transaction on the issuance date of this Fairness Opinion.

    In preparing the Fairness Opinion, KR applied several assumptions, such as the fulfillment
    of all conditions and obligations of the Company as well as all parties involved in the
    Transaction. Transaction would be executed as described accordingly to a
    predetermined time period and the accuracy of the information regarding the
    Transaction which was disclosed by the Company's management.

    The Fairness Opinion should be viewed as a whole and the use of partial analysis and
    information without considering other information and analysis as a whole may cause a
    misleading view and conclusion on the process underlying the Fairness Opinion. The
    preparation of the Fairness Opinion was a complicated process and might not be possible
    to perform through incomplete analysis.

    KR also assumed that from the issuance date of the Fairness Opinion until the execution
    date of the Transaction, there were no changes that could materially affect the
    assumptions used in the preparation of the Fairness Opinion. KR are not responsible to
    reaffirm or to supplement or to update KR opinion due to the changes in the assumptions
    and conditions as well as events occurring after the letter date. The calculation and
    analysis in the Fairness Opinion have been performed properly and KR are responsible
    for the fairness opinion report.

    The conclusion of the Fairness Opinion is applicable for no changes that might materially
    impact on the Transaction. Such changes include, but not limited to, the changes in
    conditions both internally on the Company and externally on the market and economic
    conditions, general conditions of business, trading and financial as well as government
    regulations of Indonesia and other relevant regulations after the issuance date of the
    fairness opinion report. Whenever after the issuance date of the fairness opinion report
    such changes occur, the Fairness Opinion on the Transaction might be different.

   Methodology and Procedure of Fairness Opinion

    In evaluating the Fairness Opinion on the Transaction, KR had performed analysis through
    the approaches and procedures of the Fairness Opinion on the Transaction as follows:
    I. Analysis of Transaction;
    II. Qualitative and quantitative analysis of the Transaction; and
    III. Analysis of the fairness of the Transaction.
Page 8
             Conclusion
              Based on the scope of works, assumptions, data, and information acquired from the
              Company's management which was used in the preparation of this fairness opinion
              report, a review of the financial impact on the Transaction as disclosed in the fairness
              opinion report, therefore in KR opinion, the Transaction is fair.

    IV.       EXPLANATION, CONSIDERATION, AND REASONS FOR THE TRANSACTION PLAN
              COMPARED TO THE IMPLEMENTATION OF OTHER TYPES OF TRANSACTIONS WITH
              NON-AFFILIATED PARTY
   A.     Purpose of the Transaction
          The purpose or benefits that can be obtained by the Company from the implementation of
          the Transaction is that the Transaction is performed to develop SDI's business and is a form
          of support by the Company as the shareholder of SDI. SDI requires funding support, among
          others, for additional working capital to open and operate stores, purchase of merchandise
          and to maintains availability of merchandise inventory to be sold at the stores operated by
          SDI which is expected to strengthen the Company's business portfolio so that eventually it is
          expected to increase the Company’s income and profit.

   B.     Consideration for the Transaction with Affiliated Party
          Consideration for Transactions with affiliated party is preferable than transaction with other
          non-affiliated parties is that the transaction with the affiliated company can be conducted
          with better efficiency in terms of the administrative process to grant loan consequently SDI
          can immediately use the facility granted to perform it's business activities and therefore
          ensure the development of SDI’s business which eventually generate income and profit for
          the Company

                          V. STATEMENT OF BOARD OF DIRECTORS
This Transaction has gone through an adequate procedure to ensure that the Transaction is
conducted based on generally accepted business practice by taking into account arms-length
principle.

              VI.     STATEMENT OF BOARD OF DIRECTORS AND BOARD OF COMMISSIONERS
This affiliated transaction:
1. does not constitute a conflict-of-interest transaction as stipulated in POJK 42/2020;
2. does not constitute a material transaction as stipulated in the Financial Services Authority Regulation No.
   17/POJK.04/2020 Tahun 2020 concerning Material Transaction and Changes of Business Activity; and
3. all material information has been disclosed and such information is not misleading.

                                    VII. ADDITIONAL INFORMATION
Shareholders of the Company who require further information regarding the Transaction as
disclosed in this Disclosure of Information, may contact:

                                       PT Map Aktif Adiperkasa Tbk.
                                            Corporate Secretary
                                      Sahid Sudirman Center, Lt. 26 Jl.
                                      Jend. Sudirman Kav. 86 Jakarta
                                             10220, Indonesia
                                         Phone: +62 21 8064 8488
                                        Website: www.mapactive.id
                                       Email: corpsec@mapactive.id

File

File Open PDF
Source IDX
Size0.19 MB
Published26 Apr 2024
Pages8
Characters24,329
Text sourceEmbedded text layer
OCR confidence—

Names mentioned 22 people and organisations named in the text · linked when the evidence is strong

linked org MAP AKTIF ADIPERKASA TBK p.1 ×13
linked org PT Sports Direct Indonesia p.2 ×3
linked org Mitra Adiperkasa Tbk. p.3 ×2
linked person Nicholas Jones · President Director p.4 ×2
linked person Handaka Santosa p.4
linked person Sjeniwati Gusman p.4
linked person Miquel Rodrigo Staal p.4 ×2
linked person Virendra Prakash Sharma · President Commissioner p.4 ×3
linked person Susiana Latif · President Commissioner p.4 ×2
linked person Hendry Hasiholan Batubara · Commissioner p.4
linked org Sports Direct Malaysia p.5
unresolved org Financial Services Authority p.1 ×3
unresolved org Bank Indonesia p.2
unresolved org Bank Indonesia’s p.2
unresolved person Hannywati Gunawan · Notaris p.2 ×5
unresolved org Minister of Law and Human Rights p.2 ×2
unresolved org PT Datindo Entrycom p.3
unresolved org Minister of Law p.4
unresolved org Sports Direct Malaysia Sdn.Bhd p.5
unresolved person James Anthony France · President Director p.5 ×2
unresolved org Kantor Jasa Penilai Publik Kusnanto p.5
unresolved org Minister of Finance p.5

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 3199 ms 12 Sep 2026 23:04
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