scholarly journals Creating a commercial company on the example of a limited liability company - about the role of an advocate

2021 ◽  
Author(s):  
Paweł Lewandowski
Keyword(s):  
Limited Liability ◽  
Limited Liability Company ◽  
Commercial Company

W publikacji omówiono etapy tworzenia spółki handlowej, dokonując przeglądu niezbędnych przepisów. Celem artykułu jest opisanie problemów i wątpliwości, które mogą pojawić się na różnych etapach tworzenia spółki, takich jak wybór formy organizacyjnej działalności gospodarczej, przygotowanie umowy spółki, proces rejestracji spółki. Zwrócono uwagę na złożoność formularzy służących do rejestracji spółki oraz formalizm postępowania rejestrowego. Z przeprowadzonych rozważań wynika, że powstanie spółki handlowej to szerokie pole dla działalności prawnika, w zasadzie nie tyle ze względu na sformalizowaną procedurę, ale przede wszystkim z powodu doniosłych konsekwencji popełnienia błędów. Rozważania wskazują, że udział zawodowego pełnomocnika jest wysoce pożądany. Wobec tego zaproponowano wprowadzenie przymusu prawnego w przypadku zakładania spółki handlowej lub przynajmniej przeprowadzenie pogłębionej analizy potrzeby takiego przymusu.

scholarly journals Peran Humas Perusahaan dalam Pelaksanaan Tanggung Jawab Sosial terhadap Masyarakat Desa Sekampil Kecamatan Pelepat Kabupaten Bungo Provinsi Jambi

2019 ◽  
Vol 3 (2) ◽  
pp. 65-78
Author(s):  
Sri Wahyuni ◽  
Samsu ◽  
Sururudin
Keyword(s):  
Community Development ◽  
Public Relations ◽  
Social Responsibility ◽  
Government Regulation ◽  
Limited Liability ◽  
Positive Influence ◽  
Environmental Responsibility ◽  
Limited Liability Company ◽  
Corporate Social

This research was motivated by complaints from residents of Sekampil village who felt uncomfortable with the pollution of the river water they use for their daily life, which was allegedly due to the disposal of the company's factory waste into the river. On the other hand, the company wants to provide social responsibility or CSR grants. Public Relations is the company's bridge to communicate with the Sekampil community. The purpose of this study is to explain CSR and the role of public relations in this situation. The study found that the first implementation of corporate social responsibility at PT. Citra Sawit Harum has generally been implemented based on the applicable provisions, namely Law Number 40 of 2007 concerning Limited Liability Companies and Government Regulation Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies as the implementation regulations. However, in Sekampil there are still shortcomings in its implementation, namely the limited number of scholarships and community development. Although, overall, it has had a positive influence on the community around the company. In the future, the company must be more effective in carrying out social responsibility so that the community around the company does not feel disadvantaged by the existence of this limited liability company.

scholarly journals View at the Partner’s Transfer of the Stake and its Restrictions

2015 ◽  
Vol 15 (1) ◽  
pp. 129-140
Author(s):  
Adriána Palajová
Keyword(s):  
Limited Liability ◽  
General Meeting ◽  
Case Law ◽  
Point Of View ◽  
Third Party ◽  
Limited Liability Company ◽  
Commercial Code ◽  
Commercial Company ◽  
Material Conditions ◽  
Business Share

Abstract This article deals with the transfer of stake in a general commercial company and the transfer of business share in a limited liability company especially according to Slovak legislation and also according to older and current Czech legislation. The attention is focused on the regulation of these transfers and the relations that are generated on the basis of author´s point of view and case law. The question of the admissibility and prohibition of the transfer of stake is presented in general commercial company. Analysis of the issue focuses mainly on the formal and material conditions of transfer of business share in limited liability company with differentiation on another member and on third party. Special attention is paid to the consent to that transfer granted by the general meeting or by other body of limited liability company and also is paid to the legal consequences that arise in the case of withholding of consent. The authoress seeks to point at the shortcomings of assessed legal arrangement and provides possible legislative solutions of transfer of stake or business share within the dispositive provisions of the Slovak Commercial Code.

Partners in a Limited Liability Company Will Be Jointly Liable If It Is Not Registered in the Commercial Register and the Words "Limited Liability" Are Not Added To Its Name in Business Dealings

1995 ◽  
Vol 10 (4) ◽  
pp. 363-366
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Company Law ◽  
Abu Dhabi ◽  
Limited Liability Company ◽  
Commercial Company ◽  
A Company

AbstractThe Abu Dhabi Court of Cassation held that a company and the partners therein will be jointly liable even if the company was a limited liability company, if the partners or the manager of the company failed to register the company with the Commercial Register as a limited liability company and publish a Memorandum and Articles of Association of the company according to the Commercial Company Law. The Abu Dhabi Court of Cassation further held that if the company failed to declare the legal status of a limited liability company and to print the words "limited liability company" on its letterheads, and its office name plate, the partners therein will be jointly liable as a partnership.

scholarly journals Difficulties in establishing a limited liability company in Great Britain during the 1860s and the role of financial information: a case history

2001 ◽  
Vol 8 (2) ◽  
pp. 143-161 ◽  
Author(s):  
P. BARNES ◽  
R. J. FIRMAN
Keyword(s):  
Decision Making ◽  
Great Britain ◽  
Case History ◽  
Limited Liability ◽  
Financial Information ◽  
Limited Liability Company ◽  
New Class ◽  
First Time ◽  
Made In

As a result of legislation in 1855, 1856 and 1862 that effectively enabled limited liability companies to be formed with minimum difficulty for the first time, there was an explosion of new companies. However, after the collapse of Overend, Gurney Ltd in 1866 they became unpopular. This paper examines the case of a business which failed to raise the necessary funding because of suspicion of exaggerated claims made in public prospectuses and the ways in which it attempted to survive. This gypsum industry case history also illustrates the problems facing the new class of ‘pure’ investors and directors who had little understanding of the industry in which their company was operating and the nature and reliability of the financial information available to them required for their decision-making.

scholarly journals Kadłubowe organy spółki kapitałowej wobec zasad reprezentacji osób prawnych

2017 ◽  
Vol 21 ◽  
pp. 47-60
Author(s):  
Jan Ciaptacz
Keyword(s):  
Limited Liability ◽  
Joint Stock Company ◽  
Limited Liability Company ◽  
Stock Company ◽  
Judicial Practice ◽  
Corporate Body ◽  
Commercial Company ◽  
General Rules ◽  
Corporation Law ◽  
The Relationship

The relationship between corporate body without required number of members and general rules of representation of a legal entityThe point of this paper is to answer the question what are the consequences of representing the commercial company by a corporate body without the required number of members. The author analyses this problem considering the general rules of representation of Limited Liability Company and Joint-Stock Company. The Polish legal system does not contain clear regulation relating to consequences of acting in the name of the company without appropriate entitlement, that is why it is thought to be one of the most controversial problems in Polish corporation law. This paper contains critical analyses of different views formed in the doctrine and in the judicial practice and it is an attempt to solve the dilemma connected with companies’ relations with third parties, when the corporate body do not have the minimal required number of members.

scholarly journals Notary Role In The Process Of Establishment Limited Liability Company (PT)

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 477
Author(s):  
Iqbal Rino Akta Pratama ◽  
Anis Mashdurohatun
Keyword(s):  
Limited Liability ◽  
Limited Liability Company ◽  
Public Officials ◽  
Positive Law ◽  
Company Limited ◽  
Notary Public ◽  
The Republic ◽  
Process Solutions ◽  
Unwritten Law

The purpose of this study were 1) To determine the role of the notary in the process of setting up a Limited Liability Company (PT), 2) To determine whether the obstacles faced by the notary in the process of setting up a Limited Liability Company (PT) and the solution.The method used in this research is empirical juridical approach, juridical (legal viewed as the norm or das sollen), because in discussing the problem of research using legal materials (both the written law and the unwritten law or good legal materials primary or secondary law). Specifications research used in this research is descriptive, as explained, describe or disclose the legislation in force associated with the theories of law and positive law enforcement practice concerning these issues.Based on the results of this study concluded that 1) According to the Minister of Justice of the Republic of Indonesia No. M.01-PR.08.01 1996 on Procedures for Submission of Application and Approval of Deed of Establishment of the Limited Liability Company, that pengesahaan establishment of PT may be made by the founders together or proxies , can also by a notary, so there is no necessity notaries as public officials who approve their establishment of limited liability companies, but these roles can be carried out by the founder of the company. 2) Barriers faced delay problems often arise.For the notary, will make the process inefficient. Probes for the ongoing process difficult because of the lack of an online system that can monitor the manufacturing process. Solutions to overcome the obstacles faced by the notary in the legalization of the establishment Company Limited is a Limited Liability Company in the legalization of the establishment can be overcome with the Legal Entity Administration System electronically, as a matter of time and efficiency in monitoring the rights to this process.Keywords: Role; Notary Public; Limited Liability Company (PT)

scholarly journals The Role of Video Conference During Pandemic Times: A Case of General Meeting of Shareholders (GMS) to Reduce the Spread of the Covid-19 Virus

Webology ◽  
2021 ◽  
Vol 18 (Special Issue 04) ◽  
pp. 963-979
Author(s):  
Ikhyari Fatuti Nurudin ◽  
Agus Nurudin ◽  
Fifiana Wisnaeni
Keyword(s):  
Limited Liability ◽  
Secondary Data ◽  
General Meeting ◽  
Video Conference ◽  
Limited Liability Company ◽  
Life Activity ◽  
Virtual Communication ◽  
Face To Face ◽  
Positive Law

Pandemic times are difficult and full of adjustments, where every sector of daily life activity changes. Changes that seem so significant can be seen from the limitation of social activities in the community, conventional activities with face-to-face and virtual face-to-face. Virtual communication is also implemented in holding the General Meeting of Shareholders (GMS) via video conference in order to reduce the spread of the Covid-19 virus. This article uses a normative juridical research method, namely research on the principles of positive law written in legislation by collecting data from secondary data. The results of this research from this article include: First, the holding of the GMS during this pandemic was carried out using video conferencing in two ways, namely through the Depository and Settlement Institution with an Open Company which has a private system in accordance with the latest Regulation issued by OJK No. 16/POJK.04/2020. Second, the legal certainty of this GMS has been tested, the output of the GMS is in the form of an electronic document or written in an Authentic Deed and can be used as a means of proof in court, so that the Limited Liability Company can choose one of them.

The Role of the Working Environmenton the Employee Morale

2017 ◽  
Vol 2 (2) ◽  
pp. 50-56
Author(s):  
Purnamie Titisari ◽  
Putri Kusuma Rini ◽  
Agus Priono
Keyword(s):  
Work Environment ◽  
Significant Influence ◽  
Limited Liability ◽  
Jel Classification ◽  
Work Place ◽  
Employee Morale ◽  
Limited Liability Company ◽  
Work Condition ◽  
Employee Relationship

Objective - The research aims to know the effect of forming aspects of the work environment consisting of the employee's service, the work condition and the relationship among employees towards employee morale at Limited Liability Company of Bank Tabungan Negara Branch Jember, whether simultaneously or partially, and to know the forming aspects of the work environment that dominantly influence towards employee morale at Limited Liability Company of Bank Tabungan Negara Branch Jember. The population of this research is all of the employees at Limited Liability Company of Bank Tabungan Negara Branch Jember. Methodology/Technique - The applied method of census is multiple linear regressions. Findings – The result shows that the forming aspects of the work environment simultaneously have significant influence towards employee morale at Limited Liability Company of Bank Tabungan Negara Branch Jember. While the result of the test shows that the three forming aspects of the work environment partially have significant influence towards employee morale at Limited Liability Company of Bank Tabungan Negara Branch Jember. Novelty - The implication of this study is that there are many things to increase the employee morale, one of them is providing a good and comfortable work environment.At least, the company should pay attention to the three forming aspects of the work environment, such as giving employee services, working conditions, and employee relationship with the work place. Type of Paper - Empirical Keywords: employee morale; employee service; work condition; employee relationship. JEL Classification: J21, J28, J81.

scholarly journals Peran Notaris Dalam Hal Perolehan Pengakuan Badan Hukum Perseroan Terbatas Melalui Sistem Administrasi Badan Hukum (SABH)

Acta Comitas ◽  
2021 ◽  
Vol 5 (3) ◽  
pp. 601
Author(s):  
Anak Agung Istri Intan Argyanti Nariswari ◽  
Putu Tuni Cakabawa Landra
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Legal Entity ◽  
Limited Company ◽  
The Status ◽  
Standard Classification ◽  
Notary Public ◽  
The Republic

In the era of globalization, many entrepreneurs  developing their businesses by creating companies. But in the case, only Limited Liability companies can obtain a legal status. Limited Liability Company is regulated in UU Nomor 40 Tahun 2007. The issue that will be discussed is how the role of the notary public in obtaining the status of a legal entity PT which was approved by SABH and the problems that have been faced by a notary in terms of obtaining the status of the legal entity. This research used empirical research, by using fact approach and law approach. With that research method, it was found that the role of the notary in obtaining the status of a legal entity PT in SABH access is, the Notary log in or enters into the SABH system through a SABH account owned by a Notary; Access a copy of the limited company deed by entering the company data requested by the system to the SABH table; Entering the business fields that have been included in the current deed, the business fields must be the same and consistent with the 2017 Indonesian Business Field Standard Classification (KBLI), this is related to the next stage in the management of company business licenses; After everything is already inputted will publish  a Decree of the Minister of Law and Human Rights of the Republic of Indonesia regarding the legalization of the of a Limited Liability Company.

scholarly journals Roles and Responsibilities of Notary Under Transformation Business Institution from Commanditaire Vennootschap (CV) Become a Legal Entity Limited Liability Company (PT) (Study in Mataram City)

2021 ◽  
Vol 8 (7) ◽  
pp. 636
Author(s):  
Anita Fauziah ◽  
Muhammad Sood ◽  
Lalu Wira Pria Suhartana
Keyword(s):  
Limited Liability ◽  
Limited Liability Company ◽  
Process Change ◽  
Conceptual Approach ◽  
Legal Entity ◽  
Roles And Responsibilities ◽  
Sociological Approach ◽  
The Board Of Directors ◽  
Legal Consequences

This study aims to analyze the roles and responsibilities of a notary in the change of a CV business entity to a PT legal entity and the legal consequences of changing the CV business entity to a PT. This research is focused on Normative-Empirical research, using a statutory approach, a conceptual approach and a sociological approach. The results of this study, the role of the notary in changing the CV business entity to become a PT legal entity is to settle debt which is then used as a reference to determine the initial capital in PT. Make an announcement in the newspaper that the CV will be upgraded to a PT, the Notary submits an application to obtain a Ministerial decision regarding the legalization of a legal entity electronically and the Notary's responsibility in changing the CV business entity to a PT legal entity can be classified on the responsibility based on errors because the Notary is responsible for the process change from start to finish. Legal consequences that occur with changes. First, the change in status from a CV to a legal entity of PT. Second, the minimum paid-up capital. Third, unlimited responsibility. Fourth, if the CV in charge of managing the company and is personally responsible is a complementary partner. In the PT GMS, the Board of Directors and the Board of Commissioners. Fifth, related to ongoing engagements must still be completed by CV or PT and no transfer of engagement is carried out.

Sign in / Sign up

Export Citation Format

Share Document