May the Company hold a General Meeting of Shareholders outside the Company’s domicile?
Law Number 40 of 2007 concerning Limited Liability Companies (“Company Law”) explains that included in the Company’s Organs are the General Meeting of Shareholders, Board of Directors, and Board of Commissioners. The definition of the General Meeting of Shareholders (“GMS”) is stated in Article 1 number 4 of the Company Law, which is an Organ...
Read MoreUNDERSTANDING THE DIFFERENCES BETWEEN MERGER, CONSOLIDATION, AND ACQUISITION
1. MERGER Merger comes from the word “merger” (Latin) which means: – to merge, together, to unite in combination – causing the loss of identity because something is absorbed or swallowed up The definition of a merger is regulated in Article 1 number 9 of Law No. 40 of 2007 concerning Limited Liability Companies in...
Read MoreA WRITTEN AGREEMENT THAT IS NOT STAMPED WITH A STAMP DUTY REMAINS LEGALLY VALID, IS IT TRUE?
An agreement is a mutual understanding between two or more parties to do or not do something, which can be made in writing or verbally. Both written and verbal agreements are legally binding; however, written agreements have the advantage of stronger evidence compared to verbal agreements. If a dispute arises regarding the agreement, the parties...
Read MoreLegal Steps If the Board of Directors of a Private Company Doesn’t Conduct an Annual General Meeting of Shareholder
Based on Article 1 number 4 of Law Number 40 of 2007 (“Company Law”), the General Meeting of Shareholders (“GMS”) is the organ of the company that has authority not granted to the Board of Directors or the Board of Commissioners. Furthermore, in accordance with Article 78 of Company Law, GMS consist of: Annual GMS,...
Read MoreThe Legal Remedy of Judicial Reconsideration of Tax Court Decisions
The Legal Remedy of Judicial Reconsideration of Tax Court Decisions Seekers of justice in the field of taxation are primarily Tax Payers who disagree with the determination of tax liabilities and the enforcement actions taken by the Tax Authority as the authorized administrative body in the field of taxation. So, what happens when a Taxpayer’s...
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