scholarly journals Tanggung Jawab Atas Kebijakan Yang Diterapkan Oleh Perusahaan Induk Kepada Perusahaan Anak Yang Berakibat Pada Timbulnya Suatu Kerugian

Acta Comitas ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 172
Author(s):  
Made Gede Niky Sari Sumantri
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Legal Liability ◽  
Corporate Law ◽  
Parent Company ◽  
Third Party ◽  
Group Company ◽  
Know How ◽  
Company Group ◽  
Parent Companies

Liability to the parent company for policies implemented by subsidiaries that result in losses with third parties is a major problem in the practice of group. This problem This problem is due to absence of legislation that specifically regulate of the company group, the regulatory framework of the realationship the parent and it’s subsidiaries in the group companies is use Corporate Law. The incorporation of the company’s subsidiary in the group does not abolish  the legal status of a subsidiary. Parent companies in the group company contractions have immunity over the implementation of the principle of limited liability. the purpose of writing this journal is to know, how is the assignment legal liability to the parent company for the policies applied to the subsidiary companies resulting in a loss to a third party and how to anticipate control without legal liability the parent company for its policies that impact the economic insecurity of the subsidiary in the construction of group companies. The research that the author uses is normative legal research. From this research, assigning legal liability to the parent company through the implementation of policies implemented by the subsidiary is certainly seen from the fault that cause losses. One effort that can be done to anticipate control without legal liabilty of the parent companies it’s Make Charter Corporate Relations and Between Subsidiaries or make agreement control between the parent company and subsidiary.

scholarly journals The Linkage of the Board of Directors and the Status of Aviation Industry Licensing Law

2017 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
LESTARI NINGRUM
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Third Party ◽  
Aviation Industry ◽  
Limited Liability Company ◽  
Basic Capital ◽  
The Status ◽  
Business Entities ◽  
Capital Intensive ◽  
Made In

Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The purpose of this research is to analyze the linkage of the board directors and the status of aviation industry licensing law. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study. The result shows that the airlines company should provide the capital risk and high insurance of the third party. UUPT also has given the authority of the shareholders (who owns 20 % of the share) to be decision makers in the company. However, without independent surveillance, it is possible that the shareholders do some mistakes in making decisions. Some mistakes are related to the policy, the using of authorized capital, and others. Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study.

Gesellschaftsrechtliche Maßgaben für eine Gruppenbesteuerung ohne Gewinnabführungsvertrag

2019 ◽  
Author(s):  
Jacob Hörnle
Keyword(s):  
Limited Liability ◽  
Corporate Law ◽  
Corporate Tax ◽  
Group Company ◽  
Different Types ◽  
Group Members ◽  
German Stock ◽  
Group Taxation ◽  
Taxation System ◽  
Stock Corporation

In order to establish a fiscal unity for corporate tax (Organschaft) in Germany, group members must be party to a so-called profit transfer agreement according to the German Stock Corporation Act (AktG). This agreement leads to interdependences between tax and corporate law, which are not only often criticized but have even caused efforts to replace the Organschaft by a modern group taxation system not requiring a profit transfer agreement. The present work analyses which questions and conflicts would arise under German corporate law, should a group taxation system which functions without profit transfer agreements be implemented. The analysis considers different types of group taxation systems: one which attributes the tax income of group members to the parent group company, and a group contribution system. The emerging questions and conflicts under corporate law are systematically examined for limited liability companies (GmbH) and stock corporations (AG).

scholarly journals Joint Responsibility of the Parent Company under Obligations of Subsidiary Company

2019 ◽  
Vol 8 (4) ◽  
pp. 438-441
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
The United States ◽  
Legal Regulation ◽  
Parent Company ◽  
Analysis Method ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Parent Companies

The objective of this article is to identify the problems of joint responsibility of the parent company for the obligations of the subsidiary company and propose a solution to them. The author has used the analysis method while studying the legislation governing the joint responsibility of the parent company, its law enforcement practice and scientific literature on problems in this area. The experience of legal regulation of joint responsibility of the parent company under the obligations of the subsidiary company has been compared with the legal experience of the United States of America. Studying the conditions for holding the parent company liable for the obligations of a subsidiary, the author has concluded that at present, the Russian legislation defining the legal status of the parent companies is imperfect and needs to be changed. Accordingly, a new version of paragraph 2 of clause 2 of Article 67.3 of the Civil Code of the Russian Federation has been proposed, as well as recommendations for the Supreme Court of the Russian Federation.

MENGENAL DOKTRIN DAN PRINSIP PIERCING THE CORPORATE VEIL DALAM HUKUM PERUSAHAAN

2018 ◽  
Vol 1 (2) ◽  
pp. 380-399
Author(s):  
Sandra Dewi
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Corporate Law ◽  
Company Law ◽  
Fiduciary Duty ◽  
Legal Form ◽  
Business World ◽  
Company Directors ◽  
Piercing The Corporate Veil ◽  
Business Entities

Business entities in the business world are well-known that are already in the form of companies or those that are not yet companies. Based on its legal form, the company is divided into two, namely companies with legal status and those that are not legal entities. As an independent legal entity pursuant to Article 3 paragraph (1) the Limited Liability Company Law stipulates that the responsibility of PT shareholders is limited to the value of shares held in the company. Economically, the element of limited liability of the company's shareholders is an important factor as a motivating bait for the willingness of prospective investors to invest in the company. The formulation of the problem in this paper is: 1) how the piercing doctrine of the corporate veil in corporate law and 2) how to apply the principle of piercing the corporate veil in Indonesia. The type of writing used in this writing is a type of normative legal research. The doctrine of piercing the corporate veil in corporate law can be seen from: a) piercing the corporrate veil; b) the doctrine of fiduciary duty; c) self dealing transaction doctrine; d) doctrine corporate opportunity; e) doctrine businnes judgment rule; f) ultra vires and intra vires. Application of the Piercing Principles of the Corporate Veil in Indonesia: a) company shareholders; b) company founder; c) company directors; and d) commissioners of limited liability companies.

Berufsordnungen im Rahmen der Verfassung

2021 ◽  
Author(s):  
Sebastian Krekeler
Keyword(s):  
Assisted Suicide ◽  
Legal Status ◽  
Medical Profession ◽  
Employment Law ◽  
Third Party ◽  
Medical Law ◽  
Self Administration ◽  
Medical Treatments ◽  
Considerable Impact

Although the medical employment law addresses only the medical profession immediately, it does have a considerable impact on third-party rights. The statutory prohibitions of the medically assisted suicide are relevant in regard to the legal status of patients as well as in regard to the long-standing prohibition to perform reproductive medical treatments for women in homosexual relationships. This impact provides an opportunity to closely focus on the constitutional boundaries of the setting of norms regarding the functional self-administration Subsequently, these findings are applied to the regulations of the employment law. This work does not only focus on medical law but also discusses basic constitutional doctrines.

Not all experts are equal in the eyes of the International Auditing and Assurance Standards Board: On the application of ISA510 and ISA620 by South African registered auditors

2021 ◽  
Vol 24 (1) ◽  
Author(s):  
Marianne Kok ◽  
Warren Maroun
Keyword(s):  
South African ◽  
Audit Quality ◽  
Legal Liability ◽  
Third Party ◽  
Audit Committees ◽  
Test Procedures ◽  
Technical Application ◽  
Auditing Standards ◽  
Testing Complex ◽  
African Context

Background: The article focuses on inconsistencies in audit approaches when auditors place reliance on the work performed by others. It examines differences in the approach followed by auditors when relying on the work of a predecessor versus the work of an auditor’s expert.Setting: The study contributes to the limited body of auditing research focusing on the technical application of International Auditing Standards and the functioning of actual audit practice in a South African context. It outlines how auditors apply their professional judgement when using technical auditing standards when comparing the work of a similarly trained expert in the field of accounting and auditing (per ISA510) versus the work of an expert in a field other than accounting and auditing (per ISA620).Aim: The purpose of this article is to examine and identify inconsistencies in the interpretation and application of ISA510 and ISA620 by a purposefully selected number of registered auditors in South Africa. It considers how inconsistencies in the approach followed when an auditor places reliance on the work of another auditor or an auditor’s expert points to underlying efforts to seek legitimacy and manage legal liability.Method: Detailed interviews are used to explore auditors’ experiences and challenges with the application of these two ISAs.Results: Audit quality is not necessarily a function of compliance with professional standards. While ISA510 and ISA620 deal with a situation where an auditor places reliance on the work of a third party, they are interpreted and applied very differently.Conclusion: The application of ISA510 is part of a rules-based approach to auditing aimed at reducing an auditor’s legal liability rather than enhancing audit quality. The same logic applies to ISA620 except that auditors perceive that their risk exposure is lower because the standard is limited to a single transaction or balance rather than to the entire audit engagement. The application of ISA620 is also useful for convincing internal reviewers, external regulators or audit committees that sufficient appropriate evidence for a complex line item has been obtained. The need to ensure a more robust process for testing complex balances and transactions is not, however, the primary consideration. Regulators and standard setters should not assume that compliance with auditing standards results in better quality audits. At the operational level, the need to manage legal liability and to signal the credibility of test procedures may be more relevant for the execution of audits than ensuring that audit opinions are supported by sufficient appropriate audit evidence. As only two standards, applied in a single jurisdiction, are used to illustrate this point, additional research will be required to determine the extent of inconsistency in the application of auditing standards and how this can result in lower levels of audit quality.

LEGAL STATUS OF THE SOLE EXECUTIVE BODY OF A LIMITED LIABILITY COMPANY

2021 ◽  
Author(s):  
Yulia Fanilevna Aitova ◽  
Keyword(s):  
General Theory ◽  
Legal Status ◽  
Limited Liability ◽  
Point Of View ◽  
Limited Liability Company ◽  
Points Of View ◽  
Theory Of Law ◽  
The Individual ◽  
Executive Body

The article analyzes the issue of determining the legal status of the individual management body of a limited liability company. The author begins his research with the concept of legal status existing in the general theory of law, and then proceeds to consider the issue from the point of view of philosophical categories. In addition, the work explores the diversity of points of view existing in the doctrine regarding the legal status of the individual management body of economic societies.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals The Expectation Gap In The Legal System: Perception Differences Between Auditors And Judges

2011 ◽  
Vol 10 (3) ◽  
pp. 39 ◽  
Author(s):  
Jordan Lowe
Keyword(s):  
Legal System ◽  
Legal Liability ◽  
Business Owners ◽  
Third Parties ◽  
Third Party ◽  
Bank Loan ◽  
Small Business Owners ◽  
Expectation Gap ◽  
Role Responsibilities ◽  
Loan Officers

<span>The expectation gap, and its related effects on auditor legal liability, has been presumed to be caused by diverging perceptions by the auditing profession and third party litigants regarding the professions role, responsibilities, and related performance. Prior research regarding the expectation gap has focused on diverging perceptions of different groups (i.e. financial analysts, bank loan officers, small business owners, and auditors). While this research has identified an expectation gap between auditors and certain third-parties, it has neglected examining the perceptions of judicial litigants. This absence is somewhat ironic given the current auditor legal liability situation. This study fills this void by comparing judges and auditors attitudes toward the auditing profession. Results revealed a large divergence in perceptions of auditors and judges regarding their expectations of the auditing profession.</span>

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