Yessyca Cyntia Rezeki (2020) Konstruksi Perbuatan Hukum Yang Menghasilkan Kriteria Sebagai Beneficial Owner Dalam Perseroan Terbatas. Skripsi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

This thesis discusses legal actions done by Beneficial Owner before and after the Limited Liability Company got its legal entity status. Indonesia, as an observer of Financial Action Task Force on Money Laundering, proved its commitment by ratified Recommendations FATF Number 24, i.e. Beneficial Owner transparency. Before the Limited Liability Company got its legal entity status, Beneficial Owner can control it with some legal actions, such as makes a Nominee Agreement and establishes Special Purpose Vehicle Company. Because Nominee Agreements are prohibited in Indonesia, Nominee Agreements are usually set forth in the form of other agreements, such as an Accounts Payable Agreement, Investment Agreement, Joint Venture Agreement and so on. Special Purpose Vehicle Company as a Subsidiary is established by Beneficial Owner who took an ultimate control (Ultimate Beneficial Owner). After the Limited Liability Company got its legal entity status, Beneficial Owner can also control the Limited Liability Company’s Shareholders to make a Power of Attorney by his own command. That Power of Attorney contains Beneficial Owner’s rights to attend General Meeting of Shareholders and make Sale of Shares Agreement. This normative juridical thesis will also discusses the liability and the consequences for doing those legal actions based on Laws of the Republic of Indonesia Number 40 of 2007 concerning Limited Liability Company and Presidential Regulation Number 13 of 2018.

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