DOMESTIC COMPANY LAW "PMDN" AFTER SHARE PURCHASED (ACQUIRED) BY FOREIGN CITIZENS OR FOREIGN LEGAL AGENCIES

Abstract

This paper discusses the legal status of Domestic Companies "PMDN" after the shares are acquired (Acquired) by foreign nationals or foreign legal entities. Writing this paper using the method of literature review (library research). Acquisition of shares acquisition on non-PMA companies by foreign nationals or foreign legal entities can be done with due regard to the articles of association and the Law of Limited Liability Companies. The acquisition of non-PMA companies must be able to pay attention to approvals or permits by the relevant agencies in this case BKPM, BPDPPM, BPDKPM, and pay attention to Presidential Regulation no. 39 of 2014 which in it regulates the amount of shares (% of shares) which may be owned by foreign citizens or foreign legal entities, as well as what forms of business are allowed to use foreign capital. The legal consequence of the acquisition is the transfer of rights and obligations of a company acquired to the acquirer in acquisition (acquisition) usually the acquirer has a size larger or smaller than the acquired party. With the greater acquisition of the acquirer in the Limited Liability Company is very influential with the control of limited liability company.

Keywords: Transfer of Shares, PMDN, PMA