scholarly journals TANGGUNG JAWAB DIREKTUR PT PMA YANG TIDAK MENDAPATKAN PENGESAHAN SEBAGAI BADAN HUKUM DAN SUDAH MENJALANKAN USAHANYA BERDASARKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA (STUDI KASUS PT.X DAN PT.Y)

2019 ◽  
Vol 1 (2) ◽  
pp. 620
Author(s):  
I Gede Putra Wijaya ◽  
Christine S.T. Kansil
Keyword(s):  
Limited Liability ◽  
Foreign Company ◽  
Foreign Investor ◽  
Limited Liability Company ◽  
Foreign Investors ◽  
Legal Entity ◽  
Legal Subject ◽  
Foreign Companies ◽  
Investment Law ◽  
A Company

Foreign investors who want to invest in Indonesia must obey the existing rules, namely the Investment Law No. 25 of 2007. The investment law stipulates that if foreign investors want to do business in Indonesia, the foreign investor must establish a company in the form of a legal entity, namely a limited liability company. Requirements for foreign companies can be said as legal entities that must go through the stages of establishing a company until the company ratified by the Ministry of Law and Human Rights. If a foreign company is not a legal entity, the foreign company is not legal and cannot be considered a legal subject in carrying out business activities in Indonesia. Regarding the liability of the foreign company that is to be borne by the private party not by the shareholders because the foreign company is not a legal entity. It is better if foreign investors want to carry out business activities in Indonesia that the business must be in the form of a legal entity in accordance with the investment law’s order to comply with the applicable rules and foreign investors can carry out their business activities properly.

scholarly journals Authorized Failure: How is Company Status?

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Fiany Alifia Lasnita ◽  
Muhamad Adji Rahardian Utama
Keyword(s):  
Limited Liability ◽  
Limited Liability Company ◽  
Legal Entity ◽  
Company Limited ◽  
Proof Of Ownership ◽  
Personal Wealth ◽  
A Company ◽  
A Share

The sense of the limited liability company is a legal entity to be able to run a business that has a capital consisting of a share, which its owners have lots of stock. Because it is composed of capital over shares that can be traded, and changes to the ownership of the company can be done without the need for a dissolution of a company. Limited liability company is a business entity and the magnitude of the capital company which are poured in a basic budget. The wealth of the company separate from the personal wealth of the owners of the company so that it can have its own treasures. Each person can have more than one stock which can be a proof of ownership of a company. The owner of the stock itself has a limited liability, i.e. as much as their shares. In the establishment of limited liability company also required permission and also some important documents that should be owned by a limited liability company to be its foundation.

scholarly journals Establishment of a Company and Share Acquisitions in Turkey by Foreigner Investors

2019 ◽  
Author(s):  
Mustafa Topaloğlu
Keyword(s):  
Foreign Capital ◽  
Stock Exchange ◽  
Foreign Investor ◽  
Foreign Direct Investments ◽  
Government Bonds ◽  
Foreign Investors ◽  
Foreign Companies ◽  
The Republic ◽  
Economic Assets ◽  
A Company

Relating to the establishment and acquisition of a company in Turkey by foreign investors, Foreign Direct Investments Law No.4875, FDI has entered into force on 17.06.2003. FDI formed a notification-based system rather than an approval-based system for foreigners to establish a new company and to take over company shares. Accordingly, company information regarding foreign investors will be notified to the General Directorate of Incentive Implementation and Foreign Capital via “Electronic Incentive Implementation and Foreign Capital Information System”. Foreign investment means establishment of a new company by a foreign investor or share acquisitions of an existing company, any percentage of shares acquired outside the stock exchange or 10 percentage or more of the shares/voting power of a company acquired through the stock exchange, by means of the following economic assets: assets acquired from abroad by the foreign investor which are capital in cash in the form of convertible currency bought and sold by the Central Bank of the Republic of Turkey, stocks and bonds of foreign companies excluding government bonds, machinery and equipment, industrial and intellectual property rights; or assets acquired from Turkey by foreign investor which are reinvested earnings, revenues, financial claims, or any other investment-related rights of financial value, rights for the exploration and extraction of natural resources. According to Article 4 of the Regulation for Implementation of Foreign Direct Investment Law, the Ministry of Economy shall provide information on the companies within the scope of foreign direct investments from Trade Registry Offices and related public institutions and organizations.

scholarly journals TINDAKAN “ULTRA VIRES” DIREKSI DAN AKIBAT HUKUMNYA BAGI PERSEROAN TERBATAS

2020 ◽  
Vol 9 (2) ◽  
pp. 205
Author(s):  
Abdul Rokhim
Keyword(s):  
Board Of Directors ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Legal Entity ◽  
The Board Of Directors ◽  
A Company ◽  
Taking Care

 Direksi menurut Undang-undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas memiliki dua kewenangan, yakni melakukan tindakan pengurusan  perusahaan dan mewakili perseroan baik di dalam maupun di luar pengadilan. Tindakan Direksi secara hukum dikualifikasi sebagai tindakan perseroan selaku badan hukum apabila dilakukan sesuai dengan kewenangan dan tujuan perseroan sebagaimana tercantum dalam anggaran dasar perseroan. Tindakan direksi yang dilakukan di luar kewenangan atau melampaui kewenangan (ultra vires) tidak dapat dikualifikasi sebagai tindakan perseroan. Akibatnya, tindakan hukum tersebut tidak mengikat perseroan dan hanya mengikat Direksi secara pribadi dengan pihak ketiga.Kata kunci: Tindakan Ultra Vires; Direksi; Perseroan Terbatas Directors according to Law Number 40 of 2007 concerning Limited Liability Company have two authorities, namely taking care of the company and representing the company both inside and outside the court. The actions of the Board of Directors are legally qualified as the actions of the company as a legal entity if they are carried out in accordance with the authority and objectives of the company as stated in the company's articles of association (company statute). The directors' actions that are carried out outside the authority or exceed the authority (ultra vires) cannot be qualified as a company action. As a result, these legal actions do not bind the company and only bind the Directors privately with third parties.Keywords: Ultra Vires Actions; the Directors; Limited Liability Company

scholarly journals Perbandingan pendirian dan sistem hukum perusahaan antar negara indonesia dan kamboja

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Mahardyan Trymario Saputro
Keyword(s):  
At Risk ◽  
Limited Liability ◽  
Legal Action ◽  
Limited Liability Company ◽  
Business World ◽  
Legal Entity ◽  
A Company ◽  
Business Person ◽  
Authorized Capital

With the existence of a company as a business entity in the business world between Indonesia and Cambodia, it makes the arrangement of company establishment an initial concern. In Indonesia, a Company is a legal entity that is a capital partnership, established based on an agreement, carrying out business activities with capital, established based on an agreement, conducting business activities with an authorized capital wholly divided into shares and complying with the requirements stipulated in this Law and its implementing regulations. A Cambodia limited liability company (LLC) is managed by officers and directors and is funded by capital provided by the shareholders. It can be as small as a single business person or as large as a business with many shareholders. Companies provide a framework for businesses to own property, sign contracts, and engage in legal action without putting the assets of their shareholders at risk.

scholarly journals INTERAKSI FUNGSI ORGAN PERSEROANTERBATAS DAN PERLINDUNGAN HUKUM PEMEGANG SAHAMMINORITAS

FIAT JUSTISIA ◽  
2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Siti Nurhasanah
Keyword(s):  
Limited Liability ◽  
General Meeting ◽  
Limited Liability Company ◽  
Minority Shareholders ◽  
Organ Function ◽  
Legal Entity ◽  
Legal Subject ◽  
Company Limited ◽  
The Board Of Directors ◽  
Majority Shareholder

Company Limited as a legal entity, provide an important role in the organs of the company. The importance of this role because of his position as an independent legal subject who has rights and obligations itself apart from the rights and duties of private owners. Interaction organ function Limited Liability Company will be detrimental to the interests of the company as a legal entity and minority shareholders in particular, where each organ in its function does not put the interests of the company as well, but based on the proximity factor the majority shareholder in the General Meeting of Shareholders (AGM) the Board of Directors and Commissioners. Keywords Company Limited, Minority

Effectiveness of clauses restricting equity transfer in articles of association of limited liability companies using fuzzy AHP: A data analysis of related cases in China from 2010 to 20191

2021 ◽  
pp. 1-12
Author(s):  
Peng Chen ◽  
Yingzhi Nie
Keyword(s):  
Fuzzy Ahp ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Analytic Hierarchy ◽  
Legal Norms ◽  
The Past ◽  
Analytic Hierarchical Process ◽  
Closed Characteristics ◽  
A Company ◽  
External Equity

Based on the company cases published in China over the past ten years, both theoretical methods and Artificial intelligence technologies were applied to analysis cases data on the effectiveness of clauses restricting equity transfer in articles of association of limited liability companies (LLCs). With its unique characters based on shareholders and strong vitality, limited liability company (LLC), as the “evergreen tree” among the market players, is a company form adopted by many investors. Nevertheless, due to its prominent closed characteristics, equity transfer has become a bottleneck for the development of LLCs. According to this paper, it is necessary to distinguish between the effectiveness of clauses restricting internal and external equity transfer in articles of association of LLCs. Fuzzy Analytic Hierarchical Process (AHP) is utilized for which involves process of analytic hierarchy modelled with utilizing theory of fuzzy logic. Moreover, instead of being confined to the existing legal norms, the judgment standard of clauses restricting equity transfer in articles of association of LLCs should be comprehensively measured by the golden rules, i.e. “fairness”, “autonomy” and “operability”.

scholarly journals Concepts And Features Of The Corporate Contract

2019 ◽  
pp. 121-134
Author(s):  
R.S. Lukashov
Keyword(s):  
Civil Law ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Key Factors ◽  
Legal Entity ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
Contractual Structures

The article is devoted to the theoretical and legal analyses of the place of a corporate agreement in the system of civil contracts. The article identifies the key factors that justify a separate place of the corporate agreement among existing contractual structures of civil law. The article deals with scientific views on the concept and legal nature of the corporate agreement, outlines the subject of the corporate agreement, which is concluded between the participants of the legal entity of corporate type, as well as analyzed the latest legislation on the definition of the concept, subject and content of the corporate agreement, which is concluded between the members of the limited liability company.  

scholarly journals THE LEGAL ENTITY OF BAITUL MAAL WAT TAMWIL (BMT) AS A MICRO FINANCIAL INSTITUTION IN INDONESIA

2020 ◽  
Vol 2 (2) ◽  
pp. 140-150
Author(s):  
Moh Syaifur Rijal
Keyword(s):  
Legal Status ◽  
Financial Institution ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Conceptual Approach ◽  
Legal Entity ◽  
Non Profit ◽  
The Status

The purpose of this study is to analyze the legal status and accountability of Baitul Maal Wat Tamwil (BMT) as a financial institution in Indonesia, because so far BMT has two main functions,  the first, Baitul Maal as a non-profit institution that distributes zakat, infaq and alms, and the second, Baitul Tamwil is an institution whose function is to collect and to distribute commercial funds. This research uses normative research using a statutory approach and a conceptual approach. The results of this study indicate that the legal status of BMTs so far can only be established with the status of a cooperative or limited liability company. It refers to the characteristics possessed by BMT itself. The form of BMT accountability follows the form of liability that exists in the form of a BMT legal entity, if the loss is caused by the management or organs, the management or organs are jointly and severally responsible, but otherwise if the management or organs can prove then the management or organs are not jointly responsible for the losses incurred by BMT.

scholarly journals KEBERADAAN PEMEGANG SAHAM DALAM RUPS DENGAN SISTEM TELECONFERENCE TERKAIT JARINGAN BERMASALAH DALAM PERSPEKTIF CYBER LAW

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Ni Ketut Supasti Dharmawan
Keyword(s):  
Limited Liability ◽  
General Meeting ◽  
Company Law ◽  
Limited Liability Company ◽  
Legal Subject ◽  
Network Problem ◽  
Network Problems ◽  
Cyber Law ◽  
Internet Network ◽  
Legal Right

In Indonesia, the General meeting of Shareholder through teleconference mechanism can be conducted under the provision of Article 77 of Law No. 40 of 2007 concerning Limited Liability Company. This teleconferencing mechanism allows all participants to see and to hear each other as well as  to participate in the teleconference meeting. There is legal vacuum with regard to position of shareholders in the General Meeting by teleconference mechanism, especially in the case of network problems. However, by analogy with the legal construct of the provisions of Article 90 of the Company Law can be stated that the position of shareholders continues to be recognized as a legal subject who has legal right and has valid votes counted even if the minutes of the meeting have not been signed electronically because internet network problem as long as treatise or the minute of General Meeting of shareholders is made by notarial deed and shall be signed by the Notary who made the deed.

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