Authority and Responsibilities of a Notary Regarding the Liquidation Process of a Limited Liability Company in the Republic of Indonesia

Abstract

A notary is a public official who has duties and authorities related to making an authentic deed, in this case, the making of an act and the dissolution of a limited liability company. A limited liability company is a type of business entity consisting of shares. The establishment of a Limited Liability Company must meet the requirements specified in the laws and regulations. The Company's organs must exist within the Company, including the Company's organs, the General Meeting of Shareholders, the Board of Directors and the Board of Commissioners. Then regarding the dissolution of the company, the dissolution of the Company must be followed by liquidation. Meanwhile, liquidation is carried out by the liquidator or curator either based on the decision of the General Meeting of Shareholders or a court decision. This study aims to analyze the powers and responsibilities of a Notary concerning the liquidation process of a Limited Liability Company in Indonesia. The research method used is normative, using secondary data obtained from library research, including primary, secondary, and tertiary legal sources. The authority of a notary is to make a deed of the minutes of the first and second General Meeting of Shareholders and draw up a deed of dissolution of a limited liability company. The responsibilities of a notary in the liquidation of a limited liability company are regarding the responsibility for the deed he made and the civil, administrative, and criminal responsibilities. There are three processes. The first is the General Meeting Shareholders regarding the approval of the dissolution and the appointment of a liquidator. Second, namely the General Meeting of Shareholders agenda of approval of the liquidator’s report and the granting of release and discharge of the liquidator’s responsibilities. Finally, namely the making of a deed of dissolution of the company by a Notary.