Pemberhentian Direksi Perseroan Terbatas Dalam Kepailitan Oleh Kurator
Daftar Isi:
- The Board of Directors of a Company as an organ of the Company has responsibility for the management in a Company, which means that the Company would not exist without the role of the Directors and vice versa. In the bankruptcy, the Directors of a Company may be terminated by the General Meeting of Shareholders (GMS) with the approval of the Curator that regulated in the constitution of the Company. The curator is not authorized to hold the GMS himself and amends the articles of association without the role of the GMS. The legal consequences of the dismissal of the Board of Directors of a Company have various impacts that will affect the continuity of the business of the company itself or to other shareholders if the dismissal mechanism is not in accordance with applicable regulations even though the effects are not felt directly. The Board of Directors of a Company that dismissed by a Curator may take a legal action in the form of other claims against the Curator’s actions as well and make a report to the Honorary Board of the Organization of the originator of the Curator regarding the violations of the code of conduct that committed by the Curator.