Pelaksanaan Atas Perubahan Nama Perseroan Terbatas Menurut Undang-Undang Nomor 40 Tahun 2007 (Studi Kasus PT. Soci Mas Deli Serdang)

Abstract

Law no. 40 of 2007 is the Law regulating Limited Liability Company. In such legislation it is regulated on Limited Liability Company up to the implementation of the amendment of the Company's articles of association which contains several matters. Which one of them is the implementation of the change of name of the Company. Article 21 paragraph 1 which states: “Amendment of certain articles of association must be approved by the Minister”. From the aforementioned Article 21 above we can know that a Company may undergo a change of articles of association, which we know one of the articles of association contains the name of a Company. In changing the name of a Company, it must meet the conditions set by the Company Law. Changes in the articles of association of a company can be caused by various things, one of which is due to the acquisition process (takeover). Business competition among existing companies, requires companies to always develop a company's strategy to survive or even grow. The acquisition does not result in the company being taken over its shares to be disbanded or terminated and may be done through the directors of the company or directly by the shareholders. This is how the implementation and continuity of the process of changing the name of PT SOCI MAS, what factors are causing the change of name of PT SOCI MAS, how the implementation of the change of name of PT SOCI MAS according to Law no. 40 Year 2007.To explain and solve the above problems, the method used in this writing is the normative juridical, ie research focused on assessing the application of norms or norms in positive law. With primary data collection is data collected through legislation regulating the regulations that must be fulfilled in the implementation of the change of name of a Company. This thesis discusses the change of name of Company caused by Acquisition. Case study in this research is change of name PT SOCI become PT SOCI MAS caused by Acquisition (takeover) conducted by PT SMART Tbk. Some aspects of law that must be considered by PT SOCI MAS in making a name change is Law no. 40 Year 2007 About Limited Liability Company. Any amendment to the Articles of Association shall be made through the General Meeting of Shareholders (AGMS) which is then registered to the Ministry of Law and Human Rights for approval.