新冠肺炎时期有限责任公司股东大会数字化的组织紧迫性与合法性——以《公司法》为鉴

Bagus Rahmanda, Yuli Prasetyo Adhi, Herni Widarnati
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引用次数: 1

摘要

有限责任公司是以法定资本为主体,以股份完全分割的形式从事经营活动的资本合伙企业法人。有限责任公司的目的是将资本分成股份进行经营,股东在执行公司协议的法律行动中有利害关系,而不对自己负责。有限责任公司的一个重要机构是股东大会。通常,股东大会被誉为有限责任公司最重要的机构,因为它拥有其他有限公司机构(如董事会和董事会)所没有的权力。新冠肺炎疫情的迅速发展阻碍了GMS的举行。GMS以前是面对面举行的,现在由于实行物理距离政策,通过电话会议媒体进行虚拟会议。2007年第40号法律第77条第1款和POJK第16/POJK号。4/2020是一个突破,以适应在线有限责任公司股东大会。基于这一描述,本研究旨在了解和分析有限责任公司股东大会的新安排,特别是在新冠疫情后印度尼西亚的实施情况。所采用的研究方法是规范法研究,即通过收集第二手法律资料和一手法律资料组成的第二手法律资料。数据收集技术是通过研究与所研究问题相关的事实、文件和书籍来实现的。GMS数字化的实施一般可以通过电话会议媒体、视频会议或其他电子媒体进行,这些媒体允许所有参与者在会议中进行互动和有效参与。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Urgency Of The Organization And Legitimacy Of The Digitalization Of The General Meetings Of Shareholders Of The Limited Liability Company During The Covid-19 Time In Review Of The Ius Constitutum
Limited Liability Company is a legal entity of capital partnership that is engaged in business with authorized capital which is fully divided through shares. The purpose of a limited liability company is to run a business with capital divided into shares in which the shareholders have a stake in carrying out legal actions without being responsible for themselves regarding agreements in the company. One of the organs in a limited liability company that also has an important role is the General Meeting of Shareholders. Oftentimes, the General Meeting of Shareholders is crowned as the most vital organ of a limited liability company because it has the authority that other limited company organs do not have, such as the Board of Directors and the Board of Commissioners. The rapid development of Covid-19 has hampered the holding of the GMS which was previously carried out in person but has now become virtual via teleconference media due to the physical distancing policy. Article 77 Paragraph 1 of Law Number 40 of the Year 2007 and POJK Number 16/POJK.04/2020 is a breakthrough to accommodate the online General Meeting of Shareholders of Limited Liability Companies. Based on this description, this research is aimed at knowing and analyzing the new arrangements for the General Meeting of Shareholders in Limited Liability Companies, especially in its implementation after Covid-19 hit Indonesia. The research method used is normative juridical law research, namely by collecting secondary legal data consisting of secondary and primary legal materials. Data collection techniques are carried out by studying facts, documents, and books related to the problems studied. The implementation of the digitization of the GMS can generally be carried out either through teleconference media, video conferences, or other electronic media that allows all participants to interact and participate efficiently in meetings.
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