The Legal Consequences of Limited Company Notary Deeds Made by Directors and Commissioners after the Expired Period

Abstract

This study aims to determine the legal consequences of deeds issued by a notary to the directors and board of commissioners of a limited liability company (PT) whose term of office has ended, to find out the responsibilities and solutions of a notary in making a deed when the term of office of the directors and board of commissioners of a limited liability company has ended. The research approach method used in this journal is a combination of the statutory approach and the case approach. The nature of the research used in this study is case research, namely that there is a copy of the notarial deed that neglects the provisions regarding the tenure of members of the board of directors and members of the board of commissioners of a limited liability company when facing notary to make a deed. The type of data used in this study is primary data which includes the 1945 Constitution; Code of Civil law; Act No. 40 of 2007 concerning limited liability companies; Act No. 37 Number 2004 concerning bankruptcy; Act No. 2 of 2014, Act No. 30 of 2004 and secondary data containing books and other supporting documents. Collecting research data by studying documents or library materials. The data analysis method used in this research is qualitative data analysis, this research is based on statutory regulations and notarial deeds so that it can answer the problems of this research. Based on the research it was concluded that the Notary is responsible for all the deeds done before him related to the deed in which members of the board of directors and members of the board of commissioners of a limited liability company have expired or their term of office in the Limited Liability Company has expired. Then the notary in this case is responsible for all losses arising from actions or legal actions against third parties. The deed made by the notary can also be degraded from an authentic deed to a private deed.

Keywords: Appointment; Commissioners; Responsibilities; Role.