TANGGUNG JAWAB NOTARIS TERHADAP PENGESAHAN AKTA PENDIRIAN PERSEROAN TERBATAS YANG MENGALAMI CACAT PROSEDUR

RAHMADANTI, INTAN and Zuhir, Mada Apriandi and Syarifudin, Achmad (2022) TANGGUNG JAWAB NOTARIS TERHADAP PENGESAHAN AKTA PENDIRIAN PERSEROAN TERBATAS YANG MENGALAMI CACAT PROSEDUR. Master thesis, Sriwijaya University.

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Abstract

In the establishment of a limited company, procedure defects for ratifying the establishment of a limited liability company frequently occur, one of which is because the issued capital is not paid up by the shareholders. This study tries to discuss the issue of (1) the notary's responsibility for the deed of establishment of a Limited Liability Company is procedurally flawed, (2) the legal entity status of a Limited Liability Company whose deed of establishment has procedural defects, and (3) the legal consequences of the deed of establishment of a limited liability company that has procedural defects. It is the normative research with legislative, case, and conceptual approaches. The results show that: (1) the notary is not legally responsible if the procedural defects are caused by errors by the parties facing the deed of establishment. However, as a moral responsibility, a notary can provide legal counseling with the aim that the parties can understand the applicable law; As long as there is a ministerial decree stating the ratification of the Company, the Limited Liability Company remains as a legal entity, until the company’s license is revoked. However, in its business activities, the company can experience obstacles due to the defective deed of establishment which can be considered null and void and does not fulfill its objective requirement.

Item Type: Thesis (Master)
Uncontrolled Keywords: Akta Pendirian, Cacat Prosedur, Notaris, Perseroan Terbatas
Subjects: K Law > K Law (General) > K600-615 Private law
Divisions: 02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User: Intan Rahmadanti
Date Deposited: 05 Aug 2022 05:23
Last Modified: 05 Aug 2022 05:23
URI: http://repository.unsri.ac.id/id/eprint/76335

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