scholarly journals The Status of the Limited Liability Company since the New Hungarian Civil Code Came into Effect

2020 ◽  
Vol 1 (1) ◽  
pp. 147-178
Author(s):  
Tekla Papp
Keyword(s):  
Organizational Structure ◽  
Small And Medium Enterprises ◽  
Limited Liability ◽  
Minority Rights ◽  
Limited Liability Company ◽  
General Frame ◽  
Company Limited ◽  
The Status ◽  
Medium Enterprises ◽  
A Company

Historically, the form of the limited liability company was first introduced in Hungary by Act V of 1930. This type of company, which is equipped with all the advantages of members in a limited liability, was born out of the relevant necessity in the economy. However, it is quite flexible in its nature, could be established easily and demonstrates a simpler organizational structure than a company limited by shares. Therefore, the limited liability company fits within the general frame of small and medium enterprises, and is the main and most popular form of a company in Hungary. This paper gives an overview of the characteristics, regulations, foundation, organization, minority rights, business share, members and managing directors’ liabilities in Hungarian limited liability companies from a regulatory and practical perspective.

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 Limited Liability Company in Slovakia: Current Problems Faced

2020 ◽  
Vol 1 (1) ◽  
pp. 179-194
Author(s):  
Mária Patakyová ◽  
Jana Duračinská
Keyword(s):  
Small And Medium Enterprises ◽  
Limited Liability ◽  
Capital Requirements ◽  
Limited Liability Company ◽  
Legal Form ◽  
Minority Protection ◽  
Management Responsibility ◽  
Statutory Body ◽  
Piercing The Corporate Veil ◽  
Medium Enterprises

This article is focused on the Limited Liability Company (LLC), the most popular form of company in Slovakia, as a legal form for small and medium enterprises. The article analyses selected topics that are important for comparison and for establishing a better understanding of the Slovak regulation; these are mainly capital requirements and capital protection, bans on the return of investment contributions, management responsibility, the responsibility of the single or majority member, and rules on minority protection. The article also describes the current problems regarding the LLC regulation in Slovakia (restrictions on the company formation, transfer of business shares, piercing the corporate veil, de facto statutory body/ director.

scholarly journals ANALISIS YURIDIS KEDUDUKAN SURAT PERNYATAAN SETOR MODAL SEBAGAI PENGGANTI BUKTI SETOR MODAL DALAM PENDIRIAN PERSEROAN TERBATAS DI INDONESIA

2021 ◽  
Vol 3 (01) ◽  
pp. 59-70
Author(s):  
Dewi Oktavia ◽  
Irene Svinarky
Keyword(s):  
Human Rights ◽  
Small And Medium Enterprises ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Legal Research ◽  
Official Document ◽  
Legal Entity ◽  
Capital Injection ◽  
Medium Enterprises ◽  
Authorized Capital

Penelitian ini menjelaskan bahwa pada Pasal 32 Ayat (1) Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas disebutkan bahwa modal dasar pendirian Perseroan Terbatas paling sedikit berjumlah Rp50.000.000,. Namun jumlah tersebut menyulitkan bagi pelaku Usaha Mikro, Kecil, dan Menengah (UMKM), khususnya usaha mikro. Oleh karena itu, dalam Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 4 Tahun 2014 kemudian mempermudah pendirian Perseroan Terbatas dengan pendiri hanya membuat Surat Pernyataan Telah Menyetor Modal tanpa harus menyetorkan modalnya. Mengingat penyetoran modal pendirian Perseroan Terbatas merupakan kewajiban yang mutlak yang harus dipenuhi oleh siapapun yang telah menyetujui penempatan modalnya pada Perseroan Terbatas dalam suatu dokumen resmi, baik yang dilakukan sebelum maupun setelah Perseroan Terbatas berdiri dan memperoleh status sebagai badan hukum, maka ketiadaan penyetoran modal pada saat yang telah ditentukan dapat melahirkan perikatan utang-piutang antara Perseroan Terbatas sebagai kreditur dengan pemegang saham sebagai debitur. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif. Abstract This research explain that Article 32 Paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies states that the authorized capital for the establishment of a Limited Liability Company is at least IDR 50,000,000,. However this number makes it difficult for Micro, Small and Medium Enterprises (MSMEs), especially micro businesses. Therefore, in the Regulation of the Minister of Law and Human Rights Number 4 of 2014 then it makes it easier for the establishment of a Limited Liability Company with the founders only to make a Statement of Having Paid Capital without having to deposit their capital. Considering that the payment of capital for the establishment of a Limited Liability Company is an absolute obligation that must be fulfilled by anyone who has approved the placement of their capital in a Limited Liability Company in an official document, either before or after the Limited Liability Company has been established and obtained its status as a legal entity, there is no capital injection at the time. which has been determined can give birth to a debt-receivable agreement between the Limited Liability Company as a creditor and the shareholders as the debtor. . The method used in this research is normative legal research.

scholarly journals Potensi Tax Avoidance Terhadap Peraturan Pemerintah Nomor 23 Tahun 2018 Oleh Wajib Pajak Perseroan Terbatas

Owner ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 407-416
Author(s):  
Suparna Wijaya ◽  
Aditya Setiawan
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Tax Avoidance ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Directorate General ◽  
The Government ◽  
Medium Enterprises ◽  
Independent Work ◽  
The Impact

Micro, Small and Medium Enterprises (MSMEs) are businesses that have an important role in encouraging the Indonesian economy, so the government provides tax facilities by issuing Government Regulation No. 46 of 2013 as has been replaced by Government Regulation No. 23 of 2018. Government Regulation No. 23 of 2018 excludes corporate taxpayers in the form of CV and firms that provide services in connection with independent work, while Limited Liability Companies do not. This study aims to explain the potential for tax avoidance in Government Regulation Number 23 of 2018 that can be carried out by Limited Liability Company taxpayers regarding income related to independent work, as well as the impact and solutions of such tax avoidance actions. The method used in this research is descriptive qualitative. The results of the study indicate that taxpayers who will establish a business entity with the type of business related to independent work, can choose to establish a Limited Liability Company compared to a CV or firm, so that they can use the relatively lower rate of Government Regulation Number 23 of 2018. This of course has an impact on reducing tax revenues, so the Directorate General of Taxes needs to minimize the potential for tax avoidance through education, supervision, and regulatory improvements.

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 Spatial Conditions Supporting Sustainable Development of Enterprises on Local Level

2021 ◽  
Vol 13 (4) ◽  
pp. 2292
Author(s):  
Aneta Ptak-Chmielewska ◽  
Agnieszka Chłoń-Domińczak
Keyword(s):  
Social Insurance ◽  
Small And Medium Enterprises ◽  
Local Level ◽  
Principal Component ◽  
Sources Of Information ◽  
Clustering Methods ◽  
Significant Information ◽  
The Status ◽  
Medium Enterprises ◽  
High Share

Micro, small and medium enterprises (MSMEs) represent more than 99% of enterprises in Europe. Therefore, knowledge about this sector, also in the spatial context is important to understand the patterns of economic and social development. The main goal of this article is an analysis of spatial conditions and the situation of MSMEs on a local level using combined sources of information. This includes data collected in the Social Insurance Institution and Tax registers in Poland, which provides information on the employment, wages, revenues and taxes paid by the MSMEs on a local level as well as contextual statistical information. The data is used for a diagnosis of spatial circumstances and discussion of conditions influencing the status of the MSMEs sector in a selected region (voivodeship) in Poland. Taxonomy methods including factor analysis and clustering methods based on k-means and SOM Kohonen were used for selecting significant information and grouping of the local units according to the situation of the MSMEs. There are eight factors revealed in principal component analysis and five clusters of local units distinguished using these factors. These include two clusters with a high share of rural local units and two clusters with a high share of rural-urban and urban local units. Additionally, there was an outstanding cluster with only two dominant urban local units. Factors show differences between clusters in the situation of MSMEs sector and infrastructure. Different spatial conditions in different regions influence the situation of MSMEs.

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.

scholarly journals MSMEs as Engine of Economic Growth in Nigeria: Challenges and Prospects of Scalability

2018 ◽  
Vol 2 (1) ◽  
pp. 1-10
Author(s):  
Emmanuel Okokondem Okon
Keyword(s):  
Economic Growth ◽  
Growth And Development ◽  
Developing Economies ◽  
Small And Medium Enterprises ◽  
Business Environment ◽  
Technological Systems ◽  
Economic Growth And Development ◽  
Area Of Concern ◽  
Medium Enterprises ◽  
A Company

Growing or expanding the Micro, Small and Medium Enterprises (MSMEs) sector of the economy is one key strategy to achieve economic growth and development. Micro, Small and Medium Enterprises (MSMEs) scalability (growth or expansion) have become an area of concern for economic growth in developing economies. People use the term in reference to computer or other technological systems, but those in business also use the word to describe the adaptability of a company (Thibodeaux, 2015) in today‘s fast-paced business environment where the focus on customer satisfaction is at an all-time high. This article discusses the concept of scalability as it relates to business and non-scalable components of business process as well as the importance of being scalable. It also looked at some of the challenges and practices that prevent effective scalability of MSMEs in Nigeria and the way forward.

scholarly journals Penyusunan Laporan Keuangan UMKM Berbasis Online dengan Aplikasi LAMIKRO

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Soraya Soraya ◽  
Yani Riyani ◽  
Kartawati Mardiah ◽  
Susan Andriana ◽  
Rika Irawati ◽  
...  
Keyword(s):  
Small And Medium Enterprises ◽  
Financial Statements ◽  
Test Results ◽  
Financial Reports ◽  
Digital Era ◽  
Post Test ◽  
Service Activity ◽  
Accounting Report ◽  
Medium Enterprises ◽  
A Company

In the digital era as it is today, information technology has a significant impact on the process of accounting records in a company. However, the human resource factor is an obstacle for SMEs to develop and be able to compete with large companies. Moreover, if it is associated with the importance of presenting financial statements that are accountable and in accordance with standards, it requires MSMEs to be responsive to technological changes that occur. The existence of these demands, made the Ministry of Cooperatives and Small and Medium Enterprises (SMEs) in October 2017 launch an online-based application that is the Micro Business Accounting Report (Lamikro) application. The purpose of this Community Service activity is to provide knowledge about the preparation of financial statements with the application of Lamikro to MSMEs that are found in the Office of Cooperatives, Micro Business and Trade of Pontianak City. The participants who attended were 34 MSMEs. The methods applied are lecture, tutorial and discussion methods. Before giving a lecture, participants are given pre-test questions first. The pre-test results showed that 80% of participants did not understand the preparation of financial reports both manually and online. At the end of the activity a post test was conducted, which showed that 82.79% of participants had understood the preparation of financial reports both manually and online. This means, there is an increase in the knowledge and understanding of participants from before training and after training.  Keywords: MSME, Financial Statements, Lamikro

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