LEGAL CONSEQUENCES FOR THE REAL SHAREHOLDERS BY HAVING FICTIVE SHARES ON LIMITED LIABILITY

Abstract

This research have the objective as to analyze about the Limited Liability that having Fictive Shares. To analyze this case there are 2 (two) issue that will explain. First, see from the legal consequences for the shareholders which are having fictive shares on his Limited Liability; second, the legal certainty for the shareholders that are written in the authentic deed. Research method that is used is Normative Legal research, so the proper approach is statute approach that using regulation and Law also Law books that is can be as references. This research using Normative Legal research because for analyze the problem about the Fictive Shares must be seen from Law and others regulation that related to. In this research using Law No. 40 of 2007 concerning Limited Liability. Trust to others is one of human nature. Make a deal with basic of “trust” without make a written agreement still happens until now. But in business, trust not the only one reason to make an agreement. Fictive Shares which is analyze in this research is one of case of establishment the Limited Liability that is started by trust each other. In this Fictive Shares case will analyze about the legal consequences by having fictive shares and the legal certainty for the shareholders as written in deed. The result of this research are first, as De Facto, when someone’s name was listed as a shareholders in the Deed, legally he is a shareholders on that Limited Liability; second, as De Jure, this case does not directly obey the regulation because there is no specific Law concerning Fictive Shares.