scholarly journals Report of the Board of Directors to the Congress of Colombia - March 2021

Author(s):  
Alberto Carrasquilla Barrera ◽  
Carolina Soto Losada ◽  
Roberto Steiner Sampedro ◽  
Mauricio Villamizar Villegas ◽  
Bibiana Taboada Arango ◽  
...  

In compliance with Act of Congress 31/1992, Article 5, the Board of Directors of Banco de la República hereby submits to the Congress of the Republic of Colombia a detailed report on the measures that Banco de la República has taken in the emergency situation generated by Covid-19 and presents the macroeconomic results for 2020 and the outlook for 2021 for its consideration. Furthermore, the breakdown of the Foreign Reserves and their performance, the financial position of the Bank and its forecasts, and the Bank’s Cultural management are described.

Author(s):  
Alberto Carrasquilla Barrera ◽  
Arturo José Galindo Andrade ◽  
Gerardo Alfredo Hernández Correa ◽  
Ana Fernanda Maiguashca Olano ◽  
Carolina Soto Losada ◽  
...  

The Board of Directors of the Central Bank, as per the provisions of Article 5 of Law 31 of 1992, submits a report to the Congress of the Republic that describes the macroeconomic performance for the first half of 2019 and its prospects for the remainder of the year. The last two chapters report on the composition of the country’s international reserves and the projection of the financial situation of Banco de la República for 2019. The last chapter analyzes the payment systems in the cou


Yuridika ◽  
2019 ◽  
Vol 35 (1) ◽  
pp. 1
Author(s):  
Andika Wijaya

One of the mechanisms that can be taken in resolving accounts payable to a limited liability company in bankruptcy. In the case of bankruptcy due to mistakes made personally by the Board of Directors and the Board of Commissioners, they must be responsible for debts held by limited liability companies. The company law regulates the way for the Board of Directors and Board of Commissioners to avoid liability for losses suffered by the company, through the doctrine of the Business Judgment Rule (BJR). In practice, the application of the BJR doctrine in bankruptcy law is characterized by differences in interpretation between law enforcers. Differences in interpretation occur because there is no clear provision in the Republic of Indonesia Law Number 37 of 2004 concerning Bankruptcy and Delay of Obligations to Pay Debt (Law No. 37/2004) which limits the filing of bankruptcy applications to the personal Directors and Board of Commissioners. The research in this article is carried out by reform-oriented research methods, to make changes to Law No. 37/2004 to clarify the application of the BJR doctrine in bankruptcy law in Indonesia. With the implementation of legal reform, it is expected that there will be no difference in interpretation regarding the application of the BJR doctrine to bankruptcy law at the Commercial Court in Indonesia.


2020 ◽  
Vol 1 (1) ◽  
pp. 35
Author(s):  
Sidrotul Akbar

The actions of the Board of Directors in the form of lending the name of the company to other people who have the capacity to take legal actions on behalf of the company are basically actions that are contrary to Law of the Republic of Indonesia Number 40 of 2007 concerning Limited Liability Companies. If it is done, then it normatively can be understood that the Board of Directors has been negligent in carrying out its duties and responsibilities in running the company. This research was conducted on the basis of the problem regarding the concept of borrowing the company name as an ultra vires act and an analysis of the responsibilities of the Board of Directors for ultra vires actions. This research uses normative legal research methods.


Legal Spirit ◽  
2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Billy Pahlevy Islamy

The results of this research are as follows: First, Article 2 and Article 3 of the Anti-Corruption Act does not meet the principles in the formulation of a crime namely lex certa (must be clear and not multiple interpretations) and lex stricta means the formulation of the criminal act must be interpreted firmly and strictly and is prohibited from analogizing so it is not prohibited from analogizing. reflecting legal certainty and contradicting Article 28 D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The limitation for the Board of Directors to achieve legal certainty and justice is the application of the Business Judgment Rule principle as regulated in the Limited Liability Company Law. Law enforcers must always pay attention and uphold the principle of legality in law enforcement, which reflects legal certainty.Key words: Corruption Crime, Board of Directors Authority, Regional Owned Enterprises (BUMD) Persero Company.


Author(s):  
Handoyo Prasetyo ◽  

As mentioned in the Constitution of the Republic of Indonesia of 1945, everyone has the right to live and the right to defend his life. All citizens are equally in the law and must uphold the law without exception. These rights and obligations also apply to workers who after devoting their lives for decades to the state through the company in which they work, entering retirement age and subsequently starting a new life as a retiree. There is a belief that State-Owned Enterprises (it is called as BUMN) is unlikely to go bankrupt because it is owned by the State, becomes the main choice of retirees to entrust the management of their pension funds to PT Asuransi Jiwasraya (Persero). The problem arises when Jiwasraya plans a restructuring program of all Jiwasraya insurance policy, including an annuity policies owned by millions of retirees as a result of the losses suffered by Jiwasraya due to mismanagement and corruptive behavior of former The Board of Directors of Jiwasraya. Pensioners strongly object to the restructuring plan because it has the effect of reducing monthly pensioner benefits by up to 40% (forty percent), a very large amount that means for retirees who rely heavily on monthly money from pension funds, especially during the Covid-19 pandemic health and life costs are also increasing. This study will analyze whether the actions of The Board of Directors of Jiwasraya who restructure insurance policies fall into the category of ultra vires (actions outside the the board of directors authority), which to answer it researchers will use normative juridical research methods. From the results of this study, it was concluded that the insurance policy restructuring program is an ultra vires action, therefore it must be null and void.


Sign in / Sign up

Export Citation Format

Share Document