Case Study + Glossary: Legal Translation for an Initial Public Offering of a Leading Battery Materials Company

Client Background

Investindo’s client, a leading company in Indonesia, specializes in producing and supplying battery materials. Located in Sulawesi, a region rich in nickel resources, the company plays a crucial role in the global energy transformation through sustainable and innovative practices. Its operations include vertically integrated processes, covering mining, refining, and producing essential materials for electric vehicle (EV) batteries. The company’s commitment to sustainability aligns with the global shift towards clean energy.

The Transaction

The transaction involved an initial public offering (IPO) of the client’s newly issued ordinary shares. Structured as a global offering, it comprised two parts: an Indonesian offering to investors within Indonesia and an international offering to eligible investors outside Indonesia. This strategic move aimed to support the company’s growth and expansion into global markets.

Project Scope and Objectives

Scope:

The project involved translating various legal documents from English to Bahasa Indonesia as part of the client’s Initial Public Offering (IPO). The key documents translated included:

  • Selling Agency Agreement (51 pages): This agreement outlines the terms and conditions between the company and the selling agents responsible for the distribution and sale of the company’s shares during the IPO.

  • International Coordination Agreement (83 pages): This document governs the coordination between the company and its international partners, ensuring seamless communication and collaboration for the global offering of shares.

Objectives:

The primary objective was to deliver precise and legally sound translations to support the IPO process. Accurate translations were crucial for international stakeholders, regulatory compliance, and seamless communication with overseas partners, facilitating the client’s entry into global markets.

Challenges Faced

  1. Complex Legal Terminology: The project required an accurate translation of specialized legal terms related to mining, environmental laws, and international trade.
  2. Tight Deadlines: The translations must be completed promptly to meet regulatory deadlines and support timely decision-making.
  3. Confidentiality: Handling sensitive corporate information necessitated stringent confidentiality protocols.

Glossary

Here are the excerpts of terms from the documents:

No. English Terms (Source) Indonesian Terms (Target)
1. Underwriting Agreement Perjanjian Penjaminan Emisi Efek
2. Preliminary Abridged Indonesian Prospectus Prospektus Indonesia Ringkas Awal”
3. Lead Domestic Underwriters Para Penjamin Pelaksana Emisi Efek Dalam Negeri
4. Representation Date Tanggal Pernyataan
5. Depositary Lembaga Penyimpanan
6. Bail-in Powers Kuasa Penyelamatan Lembaga Keuangan
7. Resolution Authority Otoritas Resolusi
8. Termination Event Peristiwa Pengakhiran
9. Due Incorporation Pendirian Secara Sah
10. Indemnification Ganti Rugi

Solutions and Strategies

  1. Expert Team Assembly: A team of highly skilled translators was assembled, specializing in legal and technical language, particularly in mining and capital market laws, ensuring nuanced and accurate translations.
  2. Customized Translation Workflow: A tailored workflow was implemented, focusing on maintaining the integrity of the legal content. This included an initial translation phase followed by a thorough review process by senior legal translators and subject matter experts.
  3. Utilization of Advanced Tools: Advanced translation memory systems and legal-specific terminology databases were used to ensure consistency across all documents, minimizing the risk of discrepancies and enhancing overall quality.
  4. Quality Assurance Protocols: A rigorous quality assurance protocol was established, including multiple layers of review and cross-checking by legal experts.
  5. Confidentiality Measures: Strict confidentiality measures were implemented, including non-disclosure agreements and secure communication channels. Access to documents was restricted to authorized personnel only.
  6. Responsive Project Management: A dedicated project manager oversaw the translation project, ensuring adherence to timelines and prompt resolution of any issues.

Results and Impact

  • Timely Delivery: All translations were completed within the stipulated deadlines, ensuring compliance with regulatory and business timelines.
  • High Accuracy: The translations maintained the integrity of the legal content, meeting the client’s high standards for quality.
  • Enhanced Compliance: Accurate translations facilitated compliance with international regulations, crucial for the client’s operations and expansion.
  • Improved Communication: The translated documents enabled clear communication with international stakeholders, supporting the client’s global business strategies.
  • Client Satisfaction: The client expressed satisfaction with the quality and efficiency of the translations, reinforcing Investindo’s reputation as a reliable service provider.

Key Takeaways

  • Expertise Demonstrated: Mastery in legal translation, particularly in technical and capital market laws.
  • Unique Value: Rapid turnaround and high accuracy ensured the client’s international operations were uninterrupted.
  • Lessons Learned: The importance of specialized knowledge and meticulous quality assurance in legal translations.

Conclusion

This project highlighted Investindo’s capability to manage complex legal translations involving specialized terminology and strict confidentiality. Delivering high-quality translations on time enabled the client to achieve their international business objectives and compliance goals. The successful completion of this project underscores Investindo’s expertise in providing tailored translation solutions for the legal sector, reinforcing its position as a trusted partner for businesses navigating complex legal landscapes.

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