The Legal Consequences of a Married Couple as being the Sole Founders in the Partnership
<p class="Default">A Partnership Firm (“Firma”) and a Limited Partnership/Commanditaire Vennootschap (“CV”) in Indonesia are regulated in the First Book of the Commercial Code of Indonesia, chapter the Third (Regarding the various Companies), in the First and Second section.</p><p class="Default">Both partnerships are considered to be the special form of the civil partnership/Maatschap, which is regulated in the Civil Code of Indonesia (Article 1618 – 1652).</p><p class="Default">According to Rudhi Prasetya, “In practice, it is not uncommon for us to see a Firma or CV that has only 2 partners, of which they are husband [and] wife.”</p><p class="Default">Therefore the main issue will be the legitimacy of the said partnership if it has only a husband and wife as the founders/partners, especially if the said husband and wife do not make any separate marital property agreement.</p><p class="Default">What will be the legal consequences if the said condition happens, especially the external liability to the third party.</p><p class="Default">The main objective of this writing is to give an argumentation and the legal standing that a married couple can actually establish and be the sole founders/partners in a partnership with all of its consequences, even though they did not make any separate marital property agreement.</p>