JURIDICAL REVIEW OF A LIMITED COMPANY IF ACTING AS A LIMITED LIABILITY COMPANY IN A COMMANDITARE VENNOOTSCHAP COMPANY

Justicia Journal Pub Date : 2023-09-27 DOI:10.32492/jj.v12i2.12208

S. Sudarno

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Abstract

As a legal entity (rechpersoon), a PT also holds the status of a legal subject. Included in the definition of legal subject is human (naturlijke persoon) and legal entites (rechpersoon) such as PT, state companies, foundations, government agencies and so on.As a legal subject, PT has rights and obligations and can enter into legal relations (rechtsbetrekking/rechtsverhouding). In addition, based on the fictie theory it is also stated that legal entities are considered the same as humans (persoon) as a legal subject. Therefore legal entities are also given the same rights and obligations as humans (persoon) in general.Commanditare Vennootschap a form of business entity formed by two or more people who then entrust their capital to two or more people. This was done to run the company as well as entrusted to lead the company. The goal is to achieve common goals with the level of involvement of each member, so some experts argue that CV consists of limited partners and complementary partners. Limited partners (passive partners) have the responsibility to provide CV capital to complementary partners (active partners) who are responsible for carrying out CV activities. Based on this background, in this thesis two problems aries, namely: 1. Is it possible and justifiable for a PT to become and active shareholder in the CV arrangement and what is the legal basis. 2. What if a PT becomes a passive participant in the CV, then with what concept so that this collaboration can run legally. To answer these problems, the Statute approach is used so that information will be obtained from various aspects regarding legal issues that are being tried to find answers. This Law approach is carried out by examining all laws and regulations that are related to legal issues related to the issues that are discussed in writing this thesis.After discussing the existing problems, it can be concluded that if this is based on this, then in general it is legally possible for every legal subject to carry out a legal action so that a limited liability company (PT) which is the subject of a Recht Persoon for cooperation in a Business Entity in the form of Limited Partnership (CV) both as active (Complementary) and passive (Commanditary) partners. Keywords: Commercial Law Law (KUHD), Law no. 40 of 2007 concerning Limited Liability Companies, Permenkumham No. 17 of 2018.

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如果作为有限责任公司在一个指挥部内行事，对有限公司进行司法审查

作为一个法律实体（rechpersoon），公共机构也具有法律主体的地位。法律主体的定义包括人（naturlijke persoon）和法律实体（rechpersoon），如公共机构、国有公司、基金会、政府机构等。作为法律主体，公共机构拥有权利和义务，可以缔结法律关系（rechtsbetrekking/rechtsverhouding）。此外，基于虚构理论，法律实体也被视为与作为法律主体的人类（persoon）相同。Commanditare Vennootschap 是一种商业实体形式，由两个或两个以上的人组成，然后将他们的资本委托给两个或两个以上的人。这样做既是为了经营公司，也是受托领导公司。其目的是根据每个成员的参与程度实现共同目标，因此一些专家认为，合伙企业由有限合伙人和补充合伙人组成。有限合伙人（被动合伙人）负责向补充合伙人（主动合伙人）提供公司资本，补充合伙人负责开展公司活动。基于这一背景，本论文提出了两个问题，即 1.参与方是否有可能、是否有理由成为履约安排中的积极股东，其法律依据是什么。 2.2. 如果参与国成为简历中的被动参与者，那么这种合作应具有怎样的概念才能合法运行。为了回答这些问题，我们采用了法规方法，以便从各个方面获取有关法律问题的信息，并试图找到答案。在对存在的问题进行讨论后，可以得出结论：如果以此为基础，那么一般来说，每个法律主体都可以采取法律行动，从而使有限责任公司（PT）作为有限合伙企业（CV）形式的商业实体的Recht Persoon主体，既可以作为主动（补充）合伙人，也可以作为被动（辅助）合伙人进行合作。关键词商法》（KUHD），2007年第40号《有限责任公司法》，2018年第17号《许可法》。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Justicia Journal

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