The Role of a Notary in The Establishment of a Limited Liability Company Towards Foreign Investors

Abstract

Abstract. The role of a notary in the establishment of a Limited Liability Company (PT) for foreign investors, the role of a notary in this process is very strategic, because the notary does not only function as a public official who pours the will of the parties into an authentic deed, but also as a gatekeeper who ensures that all legal requirements have been met through a proactive role and implementation of due diligence by the notary. The purpose of this research is to analyze: 1) The role of a notary in ensuring the fulfillment of legal requirements for the validity of the deed of establishment of a limited liability company for foreign investors. 2) formulate the contribution of a proactive notary role in minimizing the potential for legal disputes arising from the invalidity of the limited liability deed of establishment for foreign investors. The approach used in this research is a statute approach. This type of research is normative legal research. The data used in this study are secondary data obtained through literature review. The analysis is prescriptive in nature. The results of the study concluded: 1) The role of a notary in the establishment of a limited liability company for foreign investors based on the explanation of Article 1 and Article 15 paragraph (1) of Law Number 2 of 2014 in conjunction with Law Number 30 of 2004 concerning the Position of Notary is not enough to simply express the wishes of the parties, but also requires a proactive role and strategy that must be carried out by the notary at every stage of the establishment of a PT in order to ensure that the legal requirements have been met and minimize disputes that may arise in the future. 2) The legal basis for the establishment of a PT PMA does not only depend on one regulation, but is a combination of several complementary laws and regulations such as: UUPT, Job Creation Law, PP No. 5 of 2021, BKPM Regulations, Presidential Regulations, Permenkumham, although the main pillar that supports all these regulations is Law Number 25 of 2007 concerning Investment. In establishing a PT PMA, various requirements must be met, both material requirements that are directly related to the substance of the company's establishment and formal requirements that are procedural and administrative in nature and must be met so that the PT PMA that is established obtains the status of a legitimate legal entity. Keywords: Company; Investors; PT PMA; Role of Notary.