:: Artikel Jurnal :: Kembali

Artikel Jurnal :: Kembali

Determining quorum of attendance and decision making in the general meeting of shareholders based on court stipulation due to the neglectful absence of the majority foreign shareholder in a joint venture company (a foreign capital investment analysis) / Ari Wahyudi Hertanto

Ari Wahyudi Hertanto; (University of Indonesia, Faculty of Law, 2012)

 Abstrak

The General Meeting of Shareholders (GMS) is one of the company?s organs with the significant role of determining the business course and other issues related to corporate actions; as it is granted by law to the shareholders of the company. Any decision can be made in the GMS; such as determining the shareholders? unanimous concurrence on the proposed meeting agenda or even if the results of the meeting are actually contrary to such agenda caused by dissenting among themselves. However, the GMS can also pose certain obstacles in situations where one or more shareholders (that appear to be a majority shareholder) fail to act in good faith or have an internal dispute with other shareholder(s) in the company. The shareholder concerned can use such majority position to cause a dead-lock in the GMS, as a result of which the rest of the shareholder(s) are unable to make any decisions concerning the proposed GMS agenda. The aim of this article is to look at the effectiveness of Article 86 of the Indonesian Company Law for the purpose of overcoming the above described situation. The said Article 86 was formulated without considering the possibility of shareholder intentionally undertaking such unlawful measures. Moreover, the article is aimed at observing the concordance between the Indonesian Company Law and the Indonesian Procedural Law.

 Metadata

No. Panggil : pdf
Entri utama-Nama orang :
Subjek :
Penerbitan : [Place of publication not identified]: University of Indonesia, Faculty of Law, 2012
Sumber Pengatalogan : LibUI eng rda
ISSN : 23562129
Majalah/Jurnal : Indonesia Law Review
Volume : vol. 2, No. 3, 2012: Hal. 257 - 281
Tipe Konten : text
Tipe Media : computer
Tipe Carrier : online resource
Akses Elektronik : http://ilrev.ui.ac.id/index.php/home/article/view/21/15
Institusi Pemilik : Universitas Indonesia
Lokasi :
  • Ketersediaan
  • Ulasan
No. Panggil No. Barkod Ketersediaan
pdf 03-17-229760657 TERSEDIA
Ulasan:
Tidak ada ulasan pada koleksi ini: 20447790