The Appointment Of The Board Of Directors And The Board Of Directors Commissioners In Gms Minute Which Have Not Been Spreaded In Notarial Deed

Maufiroh, Putri (2020) The Appointment Of The Board Of Directors And The Board Of Directors Commissioners In Gms Minute Which Have Not Been Spreaded In Notarial Deed. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

Limited Liability Company, hereinafter referred to as a company, is a legal entity which is a capital alliance, established based on an agreement, conducts business activities with authorized capital which is entirely divided into shares and meets the requirements stipulated in this law and its implementing regulations. Article 94 Paragraph (1) and Article 111 Paragraph (1) that the authority of the GMS tightens members of the Board of Directors and the Board of Commissioners, cannot be delegated to other Company Organs. This means that the absolute authority is in the hands of the GMS. Cannot be delegated or delegated to the Directors or to other parties such as the authorities or the court. The law itself prohibits delegation to other Company Organs or to other parties outside the Company Organs. The effectiveness of the changes in the composition of the Board of Directors and the Board of Commissioners is thus divided into two: first, internally, the changes in the composition take effect from the date the GMS decision is taken, unless the GMS firmly determines when the change is effective. Secondly externally, the change in composition is effective from the moment the notification is received and recorded in the Company Register by the Minister of Law and Human Rights. This is related to the provisions of article 94 paragraph (3) and Article 111 paragraph (3) of the Company Law that the Minister will reject all requests for approval or notification of AD changes made by a Notary public who is not yet registered in the Company Register. Thus, it can be concluded that the changes in the Directors and Board of Commissioners of the 3rd party only take effect from the date the changes are recorded in the Company Register.

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