LEGAL IMPACTS ON COMPANY CHANGE DEED NOT REPORTED BY A NOTARY

Komang Purwinata, Sudiarto, L.Wira Pria Suhartana

Abstract:

The Company is a legal entity which is a capital alliance, established under an agreement, conducting business activities with authorized capital which is entirely divided into shares and fulfills the requirements set forth in this Law and its implementing regulations. Limited Liability Company (PT) can be made 2 (two) changes, namely: (1) amendment to the articles of association; and (2) changes in company data. Both changes are made by notarial deed and the notary is given the power to report and report to the Directorate General of Public Law Administration to obtain legal validity regarding changes made. The problem is the legal consequence of the notary amendment to be notified by the Notary is still authentic deed based on the provisions of Article 1868 of the Civil Code, but has no validity related to changes as stated in the deed and Notary can be held accountable in the form of compensation loss, namely through a civil suit to the district court, this is based on the provisions of Article 1243 of the Civil Code Jo Article 1365 of the Civil Code

 

Keywords: limited liability company, company change deed, accountability of notaries

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