The Function of Commissioner Based on the Principles of Good Corporate Governance

Suwinto Johan
{"title":"The Function of Commissioner Based on the Principles of Good Corporate Governance","authors":"Suwinto Johan","doi":"10.15294/jpcl.v6i1.36356","DOIUrl":null,"url":null,"abstract":"The organs and functions of a limited liability company are controlled by Company Law No. 40 of 2007 Governing Limited Liability Companies (UU PT). The tasks of executing and supervising have been distinguished. The board of directors is in charge of the company's day-to-day operations, while the board of commissioners oversees the board of directors. In reality, however, the board of commissioners participates in the board of director activities or performs board of director tasks. This study aims to analyze the functions of commissioners and how they should be carried out in compliance with the laws and regulations governing corporate governance. Primary, secondary, and additional data are used in this study. The study found that the board of commissioners' role should be based on the Limited Liability Company Act. The board of commissioners serves as the board of directors' supervisor. Because shareholders also serve on the board of commissioners, the board of commissioners is involved in the operation of the board of directors. The Board of Commissioners' involvement in the Board of Directors' activities must be severely limited by the Board of Directors. If it turns out that the commissioners' activities are detrimental to the shareholders, the Board of Directors can bring this to a general meeting of shareholders and hold them accountable.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"33 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Private and Commercial Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.15294/jpcl.v6i1.36356","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1

Abstract

The organs and functions of a limited liability company are controlled by Company Law No. 40 of 2007 Governing Limited Liability Companies (UU PT). The tasks of executing and supervising have been distinguished. The board of directors is in charge of the company's day-to-day operations, while the board of commissioners oversees the board of directors. In reality, however, the board of commissioners participates in the board of director activities or performs board of director tasks. This study aims to analyze the functions of commissioners and how they should be carried out in compliance with the laws and regulations governing corporate governance. Primary, secondary, and additional data are used in this study. The study found that the board of commissioners' role should be based on the Limited Liability Company Act. The board of commissioners serves as the board of directors' supervisor. Because shareholders also serve on the board of commissioners, the board of commissioners is involved in the operation of the board of directors. The Board of Commissioners' involvement in the Board of Directors' activities must be severely limited by the Board of Directors. If it turns out that the commissioners' activities are detrimental to the shareholders, the Board of Directors can bring this to a general meeting of shareholders and hold them accountable.
基于良好公司治理原则的董事职能
有限责任公司的机构和职能受2007年《公司法》第40号(规管有限责任公司)的规管。明确了执行和监督的任务。董事会负责公司的日常运营,而董事会则负责监督董事会。但在现实中,董事会参与董事会活动或执行董事会任务。本研究旨在分析董事的职能,以及在公司治理法律法规的约束下如何履行董事的职能。本研究使用了主要、次要和额外的数据。研究发现,董事的角色应以有限责任公司法为基础。监事会担任董事会的监事。由于股东也担任董事会成员,因此董事会参与董事会的运作。委员会对董事会活动的参与必须受到董事会的严格限制。如果事实证明董事的行为对股东不利,董事会可以将其提交股东大会并追究其责任。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
自引率
0.00%
发文量
7
审稿时长
24 weeks
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信