Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal Global Legal Review
Kelly, Maria JF
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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

Found 1 Documents
Search

 1 
The Impact of Postnuptial Agreement on Husband and Wife's Ownership in Limited Liability Company Kelly, Maria JF; Harjanto, Rudy; Widjojo, Anne Gunadi Martono
Global Legal Review Vol. 4 No. 2 (2024): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v4i2.6859

Abstract

Husband and wife who do not enter into a marriage agreement cannot establish a limited liability company with just the two of them, because in terms of ownership of assets, their assets constitute as one unit of joint property. Therefore the provision that a limited liability company is a capital association is not fulfilled. They then invite third parties, whether it's their own children or other third parties to become shareholders. Third parties like this are generally only invited to comply with statutory provisions and the number of shares they have in a company is usually also very small. The decision of the Constitutional Court number 69/PUU-XIII/2015 has an impact on many husbands and wives who are not also in mixed marriages to also make the marriage agreement. This study aims to see the impact of the shares owned by husband and wife if they then make a postnuptial agreement, whether the presence of a third party in the company still needed or not considering that between them there has been a separation of assets. The method used in this research is normative juridical. The result of this research is that if the husband and wife enter into a postnuptial agreement, then the participation of third parties is no longer necessary because they are already separate property owners, and shares previously owned by third parties can be transferred to one or both of them.
Co-Authors Rudy Harjanto Widjojo, Anne Gunadi Martono