Christian Haryadi
Unknown Affiliation

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

The Role of the District Court via Its Court Order in the Convening of the General Meeting of Shareholders of a Limited Liability Company Existing in a Status Quo State (Case Study: Bale Bandung District Court Order Number 72/Pdt.P/2009/PN.BB) Christian Haryadi
Tarumanagara Law Review Vol. 2 No. II (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v2iII.39073

Abstract

Limited Liability Companies as legal entities that are recognized as legal subjects have rights and obligations in legal traffic. As a legal subject, a Limited Liability Company is represented by the Board of Directors as an organ of a Limited Liability Company or if the Directors are unable to remain, represented by the Board of Commissioners. Limited Liability Company is in the status quo if the Directors and Board of Commissioners have ended their term of office, and there is a balanced share ownership in a Limited Liability Company, each of which has 50% (fifty) percent of shares, and if there is no consensus then the General Meeting of Shareholders in appointing The new Directors and Board of Commissioners cannot make legal decisions. The research as outlined in this thesis, is to answer how the role of the District Court in giving permission to shareholders representing 1/10 (one tenth) of all shares with voting rights, and determining the terms of the General Meeting of Shareholders requirements so that the General Meeting of Shareholders can take legal decisions and how the formulations in the Company's articles of association are limited in dealing with this balanced share ownership. In responding to this problem, conducted using normative research methods, namely research on balanced share ownership where the Board of Directors and the Board of Commissioners have ended their term of office, the results of research that the District Court can determine the legal decision-making conditions at the General Meeting of Shareholders and the Articles of Association can made with the classification of series A shares as ordinary shares and shares with series B as shares without voting rights.