PERALIHAN SAHAM PT.TERTUTUP KEPADA KOPERASI DITINJAU DARI UNDANG-UNDANG NO.40 TAHUN 2007 DAN UNDANG-UNDANG NO.17 TAHUN 2012
ABSTRACT: Limited liability
company is a legal entity which capital is wholly divided into shares, the
shares can be transferred to various kinds of interest in order to achieve the
company's goals. Transfer of shares can be done, among others, to the
cooperative which is a legal entity and can be established by a natural person
or legal entity. The formulation of the issues discussed in this paper is how
the capital in the limited liability company and capital in the cooperative,
how are requirements and procedures for transfers of shares in a limited
liability company, how to transfers of shares from enclosed limited liability
company to cooperatives in terms of Law No. 40 of 2007 on Limited Liability
Company and Law No.17 of 2012 on Cooperatives.
Research methods used in the writing of this thesis is that the normative
legal research methods or ways of researching the existing library materials.
The first phase of the normative legal research is research aimed at obtaining
objective law (legal norms), which is conducting research on legal issues. The
second phase of the normative legal research is research aimed at obtaining
subjective laws (rights and obligations). Research used are descriptive and
used qualitative approaches that aim to understand and grasp the symptoms are
examined. Data collection tools include the study of librarianship, legislation,
books, scientific papers, etc.
The result of this research the limited liability company's capital comes
from shareholders who incorporate capital into the company, while the
cooperative capital is derived from primary deposits and certificates of cooperative
capital besides capital sources can be obtained from grants, loans from other
parties such as banks, non-banks, cooperatives, or from members of cooperatives
or other cooperative or can also be obtained from capital investments; second,
the terms and procedures for transfer of shares has been stipulated in Law No.
40 of 2007 on Limited Liability Company, among others, through the offering
will be sold in advance if, needed the approval organ of the company, or with
the permission of the relevant agencies such as the Coordinating Agency for
Investment (BKPM). Transfers of shares can be done with sale and purchase
agreements and grants; third, transfers of shares of enclosed limited liability
company to the cooperative if in the terms of Law No. 40 of 2007 on Limited
Liability Company and Law No.17 of 2012 on Cooperatives is that the transition
of ownership of shares means the transition to all things that have anything to
do with the rights and obligations attached to the stocks concerned and carried
out, among others, such as sale and purchase agreements and grants. The reasons
for the transition of the enclosed limited liability company's shares to the
cooperative if the company is selling stock, then there is an indication that
the company is in need of additional capital, but when the company donated the
shares to the cooperative, then this is a form of additional capital given by
the company to the cooperative to promote itself. With the transfer of these
shares, the right of shares’ ownership has changed.
Penulis: Kevin
Kode Jurnal: jphukumdd140006
