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VOL. 10, ISSUE 1 (2024)
Legal protection of a limited liability company established based on a deed of establishment that is legally defective
Authors
Muhammad Rifqi, Arief Suryono, Anjar Sri Ciptorukmi Nugraheni
Abstract
This research focuses on seeking protection
and remedies given to legal acts and deeds of establishment of limited
liability companies, which are established based on deeds of establishment that
are legally defective or do not fulfill the provisions of the establishment of
limited liability companies, as stipulated in Article 110 paragraph (1) of Law
Number 40 of 2007 concerning Limited Liability Companies, that the Board of
Commissioners is an individual, not a legal entity. The research method that
will be used is a normative research method with a statutory approach, is an
approach using legislation and regulations from laws and regulations and a
conceptual approach, is referring to legal principles that can be found in
legal doctrine or the views of legal experts. This problem will be examined
using the theory of legal protection according to M. Isnaeni, the second legal
protection, namely external legal protection, is legal protection made by the
authorized government made in legislation products. In terms of protection
regarding negligence in not fulfilling the requirements for the appointment of
the Board of Commissioners, it is regulated in Article 112 paragraph (2) of the
Limited Liability Company Law, the article explains that if it is known that
there is an error in the appointment of the Board of Commissioners, the Board
of Directors is given 7 (seven) days to notify the Minister. Then the validity
of the legal action is explained in paragraph (3), that the legal action
remains binding and becomes the responsibility of the Company.
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Pages:155-162
How to cite this article:
Muhammad Rifqi, Arief Suryono, Anjar Sri Ciptorukmi Nugraheni "Legal protection of a limited liability company established based on a deed of establishment that is legally defective". International Journal of Law, Vol 10, Issue 1, 2024, Pages 155-162
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