Category: Notary Services
Written by Detty Amelinda Shantika Putri on 26/09/2022
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.
Corporate Action is a company’s effort to expand its business opportunity. All of the Corporate Actions will impact the company, Board of Directors, Board of Company, and shareholders. Hence, it needs a notarial deed for all of the Corporate Actions taken for it to be used as evidence.
With this service, we can provide assistance to prepare shareholders’ resolutions or minutes of meeting. In addition, we can also draft transactional agreements such as sale and purchase agreements, lease agreements or transfer of shares agreements.
Corporate Actions are actions taken on behalf of the corporation. Corporate Action includes any action taken by the board of directors, a committee of the board of directors, an officer or agent of the corporation, or the shareholders. Actions taken on behalf of the corporation must obtain approval from the board of commissionaire and/or the General Meetings of Shareholders.
There are two types of corporate actions in general: Corporate Actions that Affects the Number of the Company’s Shares and Corporate Actions that Restructure the Company itself:
Most of the corporate actions that the company does, whether the Corporate Actions that Affect the Number of the Company’s Shares or the Corporate Actions that Restructure the Company need a notarial deed, in accordance with Law Number 40 of 2007, regarding Limited Liability Company.
A notarial deed is a copy made to be used as evidence of an event that needs to be signed by the stakeholders. A notarial deed acts as evidence of any dispute for any event in the company since it can be considered written evidence. The notary also can act as a witness to the legal actions of a company.
There are a few steps needed before the notarial deed can become a final copy of the notarial deed. The parties must submit their personal data to be used at the beginning of the deed. If the parties are a corporation, then the corporation must submit all of the notarial deeds that they have beforehand. The stakeholders also need to discuss the corporate actions’ agenda with the notary before it is written in the minutes.
Once all stakeholders have signed the minutes, the notary will revise the minutes first before it is written in the notarial deed copy or the final deed of the notary. When all the stakeholders, the witness, and the notary have signed all the deed copies, the deed becomes final and binding.
Putranto Alliance is the right choice for your corporate action needs since Putranto Alliance established its early presence as a notary firm. We can assist you in preparing your corporate action needs, from establishing a new company and transactional agreements to general meetings of shareholders. Hence, we are the solutions to be your partner in achieving your corporate action needs.
Law Number 40 of 2007, regarding Limited Liability Company
Civil Law of Indonesia
Journal, Missariyani, “Akta Notaris Sebagai Alat Bukti Dalam Penyelesaian Perkara Perdata”
It can be harmful and risky for the company itself since, as stipulated in Law Number 40 of 2007, regarding Limited Liability Company, an inspection of the company can be done if it causes an adverse effect to the company or shareholders or the third parties. It will also lead to the company will have to encumber the compensation for all or part of the inspection cost.
A Corporate Action cannot be done without a notarial deed since it involves the importance of many stakeholders (for instance, the creditors and shareholders) in accordance with Law Number 40 of 2007.
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