scholarly journals Kedudukan Otoritas Jasa Keuangan Pada Perusahaan Modal Ventura Asing

2018 ◽  
Vol 3 (2) ◽  
pp. 79-96
Author(s):  
Anak Agung Sagung Ngurah Indradewi
Keyword(s):  
Venture Capital ◽  
Foreign Investment ◽  
Financial Services ◽  
Limited Liability ◽  
The Status ◽  
Specific Rule ◽  
The Law ◽  
Business Entities ◽  
Capital Regulations ◽  
Legal Entities

The juridical basis for supervision of foreign venture capital companies is contained in the provisions of Capital Law No. 21 of 2008 concerning the Financial Services Authority (OJK), Presidential Regulation No. 9 of 2009 concerning Financing Institutions and Minister of Finance Regulation No. 18 / PMK.010 / 2012 concerning Venture Capital Companies. Foreign venture capital companies that invest directly in Indonesia are a form of foreign investment. This is inseparable from the wide scope of foreign capital, which is defined as capital owned by foreign countries, individual foreign citizens, foreign business entities, foreign legal entities, and / or Indonesian legal entities whose capital is partly or wholly owned by foreign parties. Supervision of foreign investment is carried out by the Investment Coordinating Board in accordance with the provisions of Law No. 25 of 2007 concerning Investment. In accordance with the provisions in Permenkeu No. 18 / PMK / 0.10 / 2012 explained that the scope of supervision of venture capital carried out by the OJK is only limited to PMV Indonesia (Cooperatives or Limited Liability Companies). The implication is that OJK cannot supervise foreign PMVs that carry out direct financing. Because financing activities by foreign venture capital companies have intersecting rules, it is appropriate that foreign venture capital regulations only follow one specific rule. The regulation regarding financing institutions is only regulated in a Presidential Regulation. Although hierarchically, the status of the Perpres is an implementing regulation of the Law, the substance it regulates is not identical with the provisions of the Law which mandates it. Therefore, the provisions regarding financing activities should be regulated in a separate Law

scholarly journals Genesis of legal regulation of the status of legal entities carried out activitiy in the field of providing legal services under the legislation of Ukraine

2021 ◽  
pp. 124-129
Author(s):  
I.T. Hobechia
Keyword(s):  
Public Relations ◽  
Limited Liability ◽  
Legal Regulation ◽  
Scientific Article ◽  
Legal Services ◽  
Legal Aid ◽  
The Status ◽  
The Law ◽  
Legal Forms ◽  
Legal Entities

In the current conditions of European integration processes in Ukraine, the issues of activity of institutions aimed at guaranteeing and protecting the rights and interests of all the participants in public relations have become important. The study of the genesis of legal regulation of the status of legal entities engaged in the provision of legal services in our country have been become particularly relevant. In Ukraine, advocates have the right to provide all types of legal services, in particular to represent interests in court in all types of proceedings. An advocate is a natural person who practices law on the grounds and in the manner prescribed by the Law of Ukraine «On Advocacy and Advocatory Activity». In studying the genesis of the legal regulation of the status of legal entities engaged in the provision of legal services under the laws of Ukraine, special attention has been paid to the period after the restoration of our state's independence on August 24, 1991. Legal entities engaged in the provision of legal services were created and operated in various organizational and legal forms, the most common of which were and remain private enterprises and limited liability companies. The peculiarity of our legal system is also that the Law of Ukraine «On Free Legal Aid» was adopted and regulates, in particular, the status of centers for free secondary legal aid and the peculiarities of providing such aid by advocates, who are included in the Register of free secondary legal aid advocates. At the same time, the key role in providing participants of public relations with legal services in our state belongs to the bar. Therefore, despite the possibility of carrying out activities in the field of legal services by legal entities of all types and organizational and legal forms, a special place among them has been occupied by advocatory association and advocatory bureau. In the scientific article it has been summarized and highlighted the periods in the history of normative regulation of the legal status of these legal entities after August 24, 1991.

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 MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

scholarly journals Legal Basis of Organization and Functioning of Political Parties in Ukraine

2019 ◽  
pp. 43-53
Author(s):  
Yuliia BEVZ
Keyword(s):  
Political Parties ◽  
Political Party ◽  
The State ◽  
Local Elections ◽  
Legal Basis ◽  
Additional Time ◽  
The Status ◽  
The Law ◽  
State Registration ◽  
Legal Entities

The article is devoted to the research of the state of the legal basis of organization and functioning of political parties in Ukraine. Attention is drawn to the fact that the legal basis for the organization and functioning of political parties in Ukraine is mainly the general provisions of normative legal acts, namely: the Constitution of Ukraine, the Tax Code of Ukraine, the Law of Ukraine «On Political Parties in Ukraine», «On the Election of the President of Ukraine» , «On the Election of the People’s Deputies of Ukraine», «On the Local Elections», «On the State Registration of Legal Entities and Individuals — Entrepreneurs and Public Entities», etc. It is established that, although certain norms determine the peculiarities of creation, registration, activity and termination of political parties, their structural formations, a number of provisions of legislation regarding the organization and functioning of political parties require further elaboration. According to the results of the analysis, the main directions of improvement of the legal basis for the organization and functioning of political parties in Ukraine were proposed, in particular: clarification of the definition of the term «political party» contained in Art. 2 of the Law of Ukraine «On Political Parties in Ukraine» basing on the legal essence of this concept; defining the principles of political party activity; clarification of the list of documents submitted by the applicant for state registration of political parties; defining an exhaustive list of grounds for refusal to register a political party in order to prevent free interpretation by the bodies of registration of the provisions of legislation; specifying the procedure for state registration of political parties and providing additional time for eliminating deficiencies in the documents submitted for registration (suspension of consideration of documents submitted for state registration); determining the procedure for adopting, registering amendments and additions to the statute of a political party; the procedure for convening and holding the constituent congress (conferences, meetings), the procedure for forming and powers of governing party bodies; the need to determine the status of property after the cessation of political party activity. It is proposed to amend certain articles of the Law of Ukraine «On Political Parties in Ukraine» and the Law of Ukraine «On State Registration of Legal Entities and Individuals — Entrepreneurs and Public Formations».

scholarly journals TELAAH KRITIS STATUS BADAN HUKUM DAN KONSEP DASAR BADAN USAHA MILIK DESA

Arena Hukum ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 568-588
Author(s):  
Detania Sukarja ◽  
Mahmul Siregar ◽  
Tri Lubis
Keyword(s):  
Legal Aspects ◽  
Private Ownership ◽  
Legal Entity ◽  
Unique Character ◽  
Legal Provisions ◽  
The Status ◽  
Business Entities ◽  
The Village ◽  
Statutory Regulation ◽  
Legal Entities

Law No. 6 of 2014 on Villages (Village Law) appears to construct Village-Owned Enterprise or Badan Usaha Milik Desa (BUM Desa) as a new form of business entity within the Indonesian legal sphere. BUM Desa is considered to be different from other variants of business entities in Indonesia. There are multiple interpretations regarding the status of BUM Desa, debating whether they are legal entities or not. This normative legal research discusses the legal aspects of BUM Desa following the promulgation of the Village Law. It concludes that: (1) theoretically BUM Desa meets the criteria as a public legal entity. The issuance of Law No.11 of 2020 on Job Creation confirms the status of BUM Desa as a legal entity; (2) BUM Desa is a public business entity with a unique character to villages different from other forms of business entity with private ownership such as limited companies and cooperatives. However, legal provisions on BUM Desa still contain logical inconsistencies regarding the basic conception of BUM Desa and Law 12/2011 does not yet include Perdes as statutory regulation. The confirmation of the status of BUM Desa legal entities needs to be complemented by synchronization with Law 12/2011 to strengthen the position of Perdes as the legal basis for the establishment of BUM Desa along with various other sectoral regulations

scholarly journals Foreigners and persons without citizenship as subjects of administrative judiciary

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Saadulaev A.I. ◽  
Keyword(s):  
Legal Status ◽  
Access To Justice ◽  
The Status ◽  
The Law ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection ◽  
Domestic Law ◽  
Legal Entities

The right to go to court, including administrative, is one of the most important rights of citizens guaranteed by the Constitution and laws of Ukraine. In addition to the general constitutional right to judicial protection, in particular, Art. 7 of the Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII, guarantees everyone the protection of his rights, freedoms and interests within a reasonable time by an independent, impartial and fair court established by law. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal footing with citizens and legal entities of Ukraine. Access to justice for every person is ensured in accordance with the Constitution of Ukraine and in the manner prescribed by the laws of Ukraine. However, along with the guaranteed right to apply to the court of foreigners, stateless persons (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as apartheid remained outside the scope of domestic law. In order to eliminate the shortcomings of the legislative regulation of the legal status of apartheid in Ukraine, the author came to the conclusion that it is necessary to eliminate the existing shortcoming by amending the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» of 22.09.2011 № 3773-V. Keywords: legal status, foreigners, migrants, apartheid, justice, legislation

scholarly journals Pengaturan Bentuk Usaha Penanaman Modal Asing di Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 179-183
Author(s):  
Hamam Febrian Cahaya ◽  
I Nyoman Putu Budiartha ◽  
Putu Ayu Sriasih Wesna
Keyword(s):  
Foreign Investment ◽  
Research Method ◽  
Service Sector ◽  
Limited Liability ◽  
Export Trade ◽  
Legal Entity ◽  
Positive Law ◽  
Business Entities ◽  
Legal Forms ◽  
Article 5

The regulation on the establishment of a foreign investment business entity in the field of export services trade has been promulgated through Law Number 25 of 2007 concerning Investment, as contained in Article 5 paragraph 2 it is determined that the company defined according to the article which applies to everything or the largest discount in Indonesia as a single entity, the company itself is required to have been formed into a legal entity according to Indonesian positive law and domiciled in Indonesia. This study aims to determine the arrangements for the establishment of foreign investment business entities in the export trade service sector, and to determine the policies and legal instruments implemented by the Regional Investment Coordinating Board in improving the foreign investment climate in the export trade sector. The research method used is the normative legal research method. Sources of legal materials used are divided into primary, secondary and tertiary legal materials. The results showed that the regulation on the establishment of a PMA business entity in the field of export services is regulated in the PM Law in Chapter IV Legal Forms, Position and Business Area, as contained in Article 5 paragraph 2, it is stated that the company referred to in foreign investment is obliged to be in the form of a PT on the basis of positive law in Indonesia and is in the territory of the Republic of Indonesia, unless otherwise stipulated by the Law. Legal entities in Indonesia are limited liability companies that have their own fundamentals as stated in Article 1 of the PT Law is a legal entity that stands on an agreement that carries out active business on the basis of assets that have been divided into capital injected by investors and have met all the requirements stipulated in this law and in its implementing regulations.

scholarly journals Mewujudkan Keharmonisan Undang-Undang Perseroan Terbatas dalam Pendirian Perseroan Daerah

2020 ◽  
Vol 22 (2) ◽  
pp. 363-378
Author(s):  
Teuku Ahmad Yani ◽  
Teuku Muttaqin Mansur
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Company Law ◽  
Regional Government ◽  
Limited Liability Company ◽  
Legal Basis ◽  
Liability Law ◽  
The Law ◽  
The Government ◽  
Business Entities

Tujuan penelitian ini adalah menganalisis asas lex spesialis terkait dengan keharmonis-an Undang-Undang Perseroan Terbatas dalam Pendirian Perseroan Daerah. Perusahaan perseroan daerah merupakan salah satu badan usaha dari sejumlah badan usaha yang dikenal dalam sistem hukum di Indonesia. Ciri khas hukum perusahaan di Indonesia, masing-masing jenis perusahaan diatur dengan undang-undang yang terpisah. BUMD diatur dengan Undang-Undang Pemerintah Daerah, sedangkan perseroan terbatas diatur dengan Undang-Undang Perseroan Terbatas. Penelitian ini menggunakan metode yuri-dis normatif, dengan mendalami upaya harmonisasi hukum. Hasil penelitian menunjuk-kan bahwa perseroan daerah pada dasarnya juga perseroan terbatas yang dapat dimiliki sepenuh sahamnya oleh satu pemerintah daerah, namun dalam UUPT, tidak diakomodir sebagai perseroan terbatas dengan saham tunggal dapat didirikan oleh satu pemerintah daerah. Namun dalam praktiknya sebagian notaris berupaya melakukan terobosan yang kemudian diakui oleh pemerintah dengan memberikan status badan hukum pada perseroan yang didirikan sepenuhnya oleh satu pemerintah daerah sebagai satunya pendirinya Perseroda. Hal ini, menimbulkan pertanyaan hukum, apakah landasan hukum yang dapat digunakan oleh notaris dan pemerintah untuk menerobos UUPT untuk memenuhi kaedah yang terdapat dalam Undang-Undang Pemda. Bringing the Harmony of the Limited Liability Law in the Establishment of Regional Company The purpose of this study is to analyze the lex specialist principle related to the harmony of the Law on Limited Liability Companies in the establishment of regional companies. Regional company is one of business entities in Indonesia legal system. The characteristic of company law in Indonesia is each type of company regulated by a separate law. BUMD (regional company) is regulated by the regional government law while limited liability company is regulated by UUPT. This study uses a normative juridical method, by exploring efforts to harmonize the law. The results showed that the regional company is basically also a limited liability company that can be fully owned by regional government, but based on the company law, it is not accommodated as a limited liability company because the company has only a single share which is one local government. However, in practice some of notaries tried to make a breakthrough which was later recognized by the government by giving legal status to regional company. This raises the question of what legal basis can be used by notaries and the government to break through the company law so that it meets the methods contained in the regional government law.

scholarly journals PROBLEMS OF CIVIL LEGAL PROTECTION AND DEFENSE OF BUSINESS REPUTATION OF A LEGAL ENTITY IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 33-38
Author(s):  
Olha Bondarenko ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Scientific Study ◽  
The Internet ◽  
The European Union ◽  
Legal Entity ◽  
The Law ◽  
Business Entities ◽  
Legal Entities

The article considers topical issues related to civil law protection and protection of the business reputation of a legal entity in Ukraine. The right to business reputation belongs to a special group of civil relations, which requires scientific study and analysis, given that there is still no legislative enshrinement of the concept of business reputation of a legal entity in the Civil Code of Ukraine. And in the time of constant socio-economic development, the relevance of the definition and legal regulation of civil relations in the field of business reputation of legal entities is significant and important because business reputation is a certain assessment of the legal entity, based on conclusions about business qualities and moral personality, which are closely related to the activities of the business entity and their compliance with the requirements of the law and the proper performance of contractual obligations to partners. The purpose of the article is to analyze, compare and study the foreign experience of the European Union to determine the optimal concept of business reputation, and provide suggestions on how to solve existing problems of protection of business reputation in violation of the Internet in our country. During the study of the issue, the basic concepts of business reputation contained in the regulations of Ukraine were analyzed. It is established that the civil legislation does not contain a definition of the term «business reputation of a legal entity», which in turn complicates the process of legal protection and protection of the business reputation of business entities. Equally important is the issue of protection against damage to business reputation on the Internet, which now affects almost every aspect of modern society. Protecting business reputation on the Internet is significantly complicated by the lag in the development of Ukrainian legislation from the realities of information technology development. If there are more or less clear ways to protect the infringed personal non-property right in traditional print media, television, then there is virtually no special regulation of relations and protection of the law on the Internet. In conclusion, we note that at the legislative level, namely in the Civil Code of Ukraine there is no legal regulation of protection and protection against violations of the business reputation of legal entities on the Internet. The problem of implementing the mechanism of protection of business reputation of a legal entity in the courts of Ukraine is relevant and unresolved and as a result requires further scientific study.

On the issue of the right to provide legal assistance

2017 ◽  
Author(s):  
Лев Бардин ◽  
Lev Bardin
Keyword(s):  
Russian Federation ◽  
Limited Liability ◽  
Good Alternative ◽  
Constitutional Court ◽  
Legal Assistance ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right

The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal. Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.

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