Legal Standing of Spouse Consent in Sale and Purchase Agreement of Shares from Perspective of Separation of Company’s Assets to Create Legal Certainty in Investment in Limited Liability

Authors

  • Putra Hutomo Master of Law Program, Faculty of Law, University of Indonesia

DOI:

https://doi.org/10.31941/pj.v23i3.5167

Abstract

In a limited liability company, which is a limited legal organization with liability limited to paid-up capital, shares are defined as proof of a legal subject's participation in capital ownership. Shares can be bequeathed, pledged, transferred, gifted, and kept in trust. A limited liability business can be invested in, for example, by buying and selling shares. Therefore, by taking into consideration joint assets, inherited assets, or marriage agreements, it is required to include the spouse's permission in the transfer of rights in order to offer legal certainty regarding the presence of assets' separation in a limited liability business

Downloads

Download data is not yet available.

References

BOOK

Abdul Kadir Muhammad, Indonesian Company Law , (Bandung: Citra Aditya Bakti, 1996).

Guidebook for Writing Scientific Legal Works, revised edition, (Depok: Publishing Agency, Faculty of Law, University of Indonesia, 2023).

Hirman, Limited Liability Company Law, (Solo: National Library of the Republic of Indonesia, 2017).

Jamaluddin, Marriage Law , (Lhokseumawe: Unimal Press, 2016).

M. Yahya Harahap, Limited Liability Company Law , (Jakarta: Sinar Grafika, 2016).

Peter Mahmud Marzuki, Introduction to Legal Science , (Jakarta: Kencana , 2008 ).

Sri Redjeki Hartono, Selected Chapters on Corporate Law , Mandar Maju, (Bandung: Mandar Maju, 2000).

LEGISLATION.

Civil Code.

Law Number 1 of 1974 concerning Marriage.

Law Number 42 of 1999 concerning Fiduciary Guarantees.

Law Number 40 of 20007 concerning Limited Liability Companies.

JOURNAL

Damian Agata Yuvens, Critical Analysis of Marriage Agreements in Constitutional Court Decision Number 69/PUU-XIII/2015, Constitutional Journal, Volume 14, No. 4 (2017).

Downloads

Published

2024-12-23