LEGAL PROBLEMS CONCERNING INCREASE OF CAPITAL IN LIMITED COMPANY

Abstract

This thesis aims to study some shortcomings of the Civil and Commercial Code, Book 3 Specific Contract, Title 22 Limited Company, about the capital increase, stating unclear provisions that cause conflicting of interpretations and lack of stakeholder’s protections in line with legal theories. There are 4 legal issues as follows: First issue, the issuance of dividend share problem. Second issue, the payment for capital increase shares with things other than cash (Contributions in kind) problem. Third issue, Capital increase allotment of shares problem. And the last issue, the offering of new capital increase shares to a third party problem.