印尼风险投资协议对被投资公司的法律保护

S. Sihabudin
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引用次数: 0

摘要

商业和创业是一个国家经济的基本和重要因素之一。在印度尼西亚,正在加大对中小企业的贷款力度,这些中小企业无法通过政府设立风险投资从银行借款。印度尼西亚风险投资形式的金融机构的存在和作用值得研究,因为它是一个正在开始发展的新机构,肯定会对商业世界和法律机构的发展产生影响。所采用的研究方法是实证法学,通过描述性分析进行定性研究。研究结果表明,尽管风险投资没有明确的法律依据,但在实践中,风险投资活动得到了协议的补充。风险资本家对被投资公司的地位更强,而契约自由只有在双方地位相同的情况下才能很好地适用。然而,风险投资倾向于通过特殊条款来保护利益(资本),包括其责任。因此,有必要对“标准风险投资协议”的内容,特别是融资机制及其实施说明进行示范和进一步规范,以提供更清晰、更完整和更有力的实施指南。风险投资公司与其合作公司之间签订的融资协议基于一份标准合同,该合同需要监督和保护以保持平衡。保护和监督措施以立法为基础,由政府实施控制,由法官(法院)、法律顾问和公证人实施控制。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Protection for Investee Company in Venture Capital Agreement in Indonesia
Business and entrepreneurship are one of the fundamental and important factors in the economy of a nation. In Indonesia lending is being intensified to small and medium-sized companies that are unable to borrow capital from banks through the establishment of venture capital by the government. The existence and role of financial institutions in the form of venture capital in Indonesia is important to study, because it is a new institution that is starting to develop, which certainly has an influence on the development of the business world and legal institutions and institutions. The research method used is empirical juridical, which is qualitative by means of descriptive analysis. The results of the study are that although venture capital has not been based on clear legal aspects, in practice, venture capital activities are complemented by an agreement. Venture Capitalist has a stronger position on the investee company, while freedom of contract can only be applied well when both parties have the same position. However, venture capital tends to protect interest (capital) with special provisions, including its responsibilities. Therefore there is a need for a model and further regulation of the contents of the "standard venture capital agreement", especially the financing mechanism as well as its implementation instructions, so as to provide clearer, more complete and stronger implementation guidelines. A financing agreement made between a venture capital company and its partner company is based on a standard contract that requires supervision and protection to maintain balance. Measures of protection and supervision are through the basis of legislation, control carried out by the government, control carried out by judges (courts) and legal consultants and notaries.
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