CD Skripsi
Akibat Hukum Pengambilalihan Saham Perseroan Terbatas Yang Tidak Melakukan Pengumuman Surat Kabar Berdasarkan Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas
Takeover is a legal act carried out by a legal entity or an individual person
to take over the Company's shares resulting in the transfer of control over the
Company. Article 127 paragraph (2) of the Company Law requires directors to the
Company to announce a draft summary at least in 1 (one) newspaper will take
over no later than 30 (thirty) days prior to the invitation of the General Meeting of
Shareholders. Because with the announcement, all interested parties of the
Company are aware that a new shareholder will be held.
The purpose of this study was to determine the implementation of the
acquisition of shares of a Limited Liability Company according to Law Number
40 of 2007 concerning Limited Liability Companies. And to find out the legal
consequences of Limited Liability Companies that take shares without making
newspaper announcements. This type of research can be classified in the type of
normative juridical research that is research conducted by examining literature
discussion with secondary data sources consisting of primary legal material in the
form of statutory regulations, secondary legal materials legal books, and tertiary
legal materials in the form of dictionaries. Then the data were analyzed
qualitatively, namely analyzing descriptive data obtained from secondary data.
Conclusions that can be drawn, First, the acquisition of shares can be done
2 (two) ways, namely through the directors of the Company and can be directly
from shareholders. If the takeover has passed the procedures stipulated in Law
Number 40 Year 2007 concerning Limited Liability Companies, then it can be
said that the acquisition of shares is legal and can be legally accounted for.
Second, the legal consequences of the acquisition of shares that did not make the
announcement of the newspaper are null and void. Since the first time the share
acquisition agreement was made, it has been invalid, so the law considers that the
agreement to take over the shares has never existed before.
Keywords: Legal Consequences - Share Acquisition - Not Announcing
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