Tinjauan yuridis terhadap akta pemindahan hak atas saham yang diwakili oleh seseorang tanpa wewenang dan tanpa persetujuan pasangan = Judicial review of transfer of rights of share deed which represented by a person without authority and without spouse’s consent

Tiffany, Tiffany (2021) Tinjauan yuridis terhadap akta pemindahan hak atas saham yang diwakili oleh seseorang tanpa wewenang dan tanpa persetujuan pasangan = Judicial review of transfer of rights of share deed which represented by a person without authority and without spouse’s consent. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Spouse’s consent is one of many important things that are required in selling or buying things related to joint property. It will one of the conditions for the fulfillment of the sale and purchase agreement, as based on the prevailing law and regulation for joint property both parties consent needed to be able to divert joint property. However, many people forget about this and take this matter easily, while actually it can lead to a greater problem in the agreement and might disadvantage many people. So, it is with attorney grantee, as a proxy there must be official agreement with clear statements with their authorizer that shows that they’re appointed to be a proxy and grand a full power to do that they are appointed for and will have no rights to do others than what they are appointed for, as it will not be consider legitimate. Especially for an agreement about sales and purchase made or represented by a proxy without any authority will not be consider legitimate and there will be legal consequences to the agreement and might bring disadvantages to many people. Shares is one of many kinds of investment that increasingly in demand as their character that are more suitable and beneficial in this era. More demand in shares, will leads to more problems occurs especially about the transfer of shares. Deed of “transfer of rights of share” is a requirement needed for someone who wanted to sell their shares which will be used as an evidence of the transfer of the rights of shares. Deed of “transfer of rights of share” can be made personally or by a proxy appointed by the parties, which it is important as a proxy to do only what they appointed for and only what stated on the agreement so that the deed will be legitimate. Also, important for the seller who are bound in a lawful marriage without any prenuptial agreement to provide their spouse’s consent as those shares are their joint property.

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