Chaerani, Elvi
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NOMINEE SHAREHOLDER POSITION IN INDONESIAN POSITIVE LAW Gamaitarak, Christiari Gratiani; Chaerani, Elvi; Billyarta, Borgias Punto
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.5618

Abstract

Economic development in Indonesia which is experiencing growth with the presence of integrating foreign capital in the business sector, makes foreign investors who wants to carry out business activities in Indonesia wants overall ownership or control of the business being carried out.  These restrictions are regulated in Law Number 25 of 2007 concerning Investment, Law Number 40 of 2007 concerning Limited Liability Companies, and Burgelijk Wetboek (BW). The way to overcome these difficulties, foreign parties usually borrow names (nominee) in share ownership (nominee shareholder) by entering into a nominee arrangement. In this paper, we will discuss about the concept of the nominee shareholder and the position of the nominee shareholder according to Indonesian positive law.Keywords: nominee, nominee shereholder, nominee arrangement