The Validity of the Position and Implementation of the Extraordinary General Meeting of Shareholders by Parties Who Have Not Obtained Legal Legitimacy as Shareholders (Case Study of Cahaya Mulia Persada Nusa Limited Liability Company)
Abstract
This study aims to analyze the position and validity of convening an extraordinary General Meeting of Shareholders (EGMS) by parties who have not yet obtained legal legitimacy as lawful shareholders, with a case study of Decision Cahaya Mulia Persada Nusa Limited Liability Company. The reseacrh examines the legal status of the EGMS organizers and the legal implications of the resolutions adopted without legitimate share ownership. This study applies a normative juridical method using statutory, dotrinal, and case approaches. Data were obtained through library research and analyzed descriptively and qualitatively to interpret the legal norms contained in the company law. The findings indicate that the EGMS held by parties without legitimate shareolder status violates the principle og legality and may lead to the nullification of its resolution. The unclear legal status of the organizers results in legak uncertainty and may harm both the company and other legitimate shareholders. Fulfilling formal and material requirements in the conduct of shareholders mettings, particulary regarding the legitimacy of shareholders as legal subjects, is a crucial element in ensuring legal protection and corporate admiistrative order. This study emphasizes the importance of strengthening normative provisions and verification mechanisms in the implementation of EGMS to ensure legal certainty and the application of good corporate governance principles.
Fields of Study & Subjects
Indonesian Legal and Regulatory Studies
Legal Studies and Policies
Corporate Governance and Law
Publication details
- Journal / source
- Journal of Private and Commercial Law
- Pages
- 113–136
- Publication date
- 2 January 2026