Kepemilikan Tunggal Badan Hukum Perseroan Terbatas (PT)Journal: Jurnal Hukum Novelty (Vol.8, No. 2)
Publication Date: 2017-08-30
Authors : Verti Tri Wahyuni;
Page : 209-224
Keywords : Limited Liability Company; Shareholder; Sole Proprietorship; Responsibility;
Principally, the responsibility of shareholders based on positive law is limited to the amount of capital deposited. In accordance to Article 3 (1) of Company law number 40 the year 2007, it confirms that company shareholder is not subjected to any personal liability for commitments made on behalf of the company and shall not be liable for any loss exceeding its shares. The aim of this research is to figure out whether the subjective requirements of limited liability company establishment is absolute or not, and also to figure out how is the legal sanction of sole proprietors of a limited company. This research is juridical normative research. The subjective requirement of limited company establishment is absolute. A limited company may be established by 2 (two) or more shareholders under the notarial deed. The legal sanction of sole proprietorship of a limited company is that the shareholder is personally liable of all company commitments and loss. The shareholders in maximally 6 (six) months after the company is legal under the notarial deed, is obliged to share part of its stock to other shareholders or the company issues new stock to others. The shareholders are personally responsible if the shareholder is less than 2 (two) persons after 2 (two) months period given by the law.
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