期刊名称:International Journal of Multicultural and Multireligious Understanding
电子版ISSN:2364-5369
出版年度:2022
卷号:9
期号:3
页码:729-742
DOI:10.18415/ijmmu.v9i3.3664
语种:English
出版社:International journal of multicultural and multireligious understanding
摘要:A limited liability company is a legal entity. This means that shareholders are responsible for the number of shares owned. Likewise, the board of directors and the board of commissioners in carrying out their duties and obligations for and on behalf of a limited liability company as a legal entity. However, this general principle is excluded, due to the application of the principle of piercing the corporate veil. This study intends to analyze what factors lead to the application of the principle of piercing the corporate veil and what are the legal consequences. The approach used in this research is the statutory approach and the conceptual approach. The legal material analysis method used in this study is a normative method, namely by conducting prescriptions with deductive-inductive reasoning to produce propositions or concepts as answers to the problems studied. The results of the study show that the shareholder’s responsibility is not limited to the number of shares owned when the shareholder commits ultra vires (abuse of authority). Likewise, the responsibility of the board of directors and the board of commissioners in accordance with the authority they have sourced from the law and the articles of association of the company which should be the responsibility of the legal entity has turned into the personal responsibility of the directors and commissioners for carrying out ultra vires.