Re-Appointment of Directors and Commissioners in the Same Position in a Limited Liability Company

Abstract

A limited liability company (PT) or Naamloze Vennootschap (NV) is a legal entity to run a business that has capital, with the organs of the company being the General Meeting of Shareholders (GMS), Directors, and Commissioners. Based on the explanation of Law Number 40 of 2007, the appointment of the Board of Directors is the authority of the GMS. The Board of Directors has the authority to represent the company both inside and outside of the court. Likewise, the Board of Commissioners is also the authority of the GMS. The Board of Directors has the authority to supervise the company which is carried out by the Board of Directors. Directors and Commissioners are appointed for a certain term of office in accordance with the Articles of Association and/or the decision of the GMS. If their term of office has expired, the Directors and Commissioners can be reappointed. The GMS can, however, decide at any time to get rid of the Board of Directors and Commissioners.