Mitari Dianrachma, . (2024) KEPASTIAN HUKUM CORPORATE GUARANTEE YANG DIBERIKAN TANPA PERSETUJUAN PEMEGANG SAHAM. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
In its development, a parent company as a legally established business entity can provide guarantees to third parties for agreements made by its subsidiaries. This is referred to as a corporate guarantee, where the parent company guarantees the credit obtained by its subsidiary. According to Article 102, paragraph (1) of the Company Law (UUPT), actions involving the provision of guarantees against the company's assets must obtain approval from the General Meeting of Shareholders (GMS). This is because such actions will impact the company's entire assets, as the corporate guarantee agreement does not set a limit on the amount to be guaranteed by the corporate guarantor. This is especially true in the case of a corporate guarantee known as a limited corporate guarantee, where the guarantee value does not exceed 50% (fifty percent) of the company's total assets. In such situations, corporate guarantees are often provided without GMS approval, despite the fact that the corporate guarantee agreement does not limit the amount of debt to be paid and may cover all penalties, interest, and other costs payable by the debtor. Therefore, this study aims to analyze the provision of corporate guarantees without shareholder approval for credit applications where the value is less than 50% of the company's assets, and to analyze the legal protection for banks as creditors if a debtor receiving credit with a corporate guarantee without shareholder approval defaults. This research falls under normative juridical research. The study finds that agreements for corporate guarantees to secure credit facilities valued at no more than 50% of the company's assets, provided without shareholder approval, do not offer legal certainty and protection for creditors. Additionally, legal protection for creditors providing corporate guarantees is still deemed insufficient, given the lack of clear regulations regarding the provision of corporate guarantees by a limited liability company (PT), and the difficulty in enforcing corporate guarantees.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil : 2210622010] [Pembimbing 1 : Heru Sugiyono] [Pembimbing 2 : Muthia Sakti] [Penguji 1 : Iwan Erar Joesoef] [Penguji 2 : Irwan Triadi] |
| Uncontrolled Keywords: | Corporate Guarantee; Shareholders; Company. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | MITARI DIANRACHMA |
| Date Deposited: | 10 Sep 2024 06:34 |
| Last Modified: | 10 Sep 2024 06:34 |
| URI: | http://repository.upnvj.ac.id/id/eprint/33536 |
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