E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 3, 2024

Position of the Company's Deed of Establishment Made in Collaboration with the Service Bureau

Author(s): Sriyuli Hariati, Dahlan, Ika Susilawati


This research aims to examine and analyze the position of company deeds of establishment made in collaboration with service bureaus and examine the role of notaries and power of attorney deeds in making company deeds of establishment through service bureaus. This problem is very important because in the Notary's Position Regulations (UUJN) and the Notary's Code of Ethics (KEN) it is expressly prohibited for a notary to collaborate with a service bureau, this provision is confirmed in Article 4 of the KEN which states that "Notaries or other people (as long as the person concerned is carrying out their position Notaries) are prohibited from collaborating with service bureaus/persons/legal entities who essentially act as intermediaries to find or obtain clients. However, currently there are still notaries who use information technology to make efforts to use the law to collaborate with online service bureaus. One of the legal loopholes that is the entry point for violations of the KEN is the use of a power of attorney to represent the parties in making the company's deed of establishment. Therefore, the parties and the notary can use their power of attorney to make a deed of establishment of a limited liability company anywhere and at any time. This is of course very contrary to the requirement that notaries must work within their area of office. Considering that the notary's enormous authority in making authentic deeds does not mean that the notary can act as he pleases in making deeds, there needs to be special provisions governing the use of special powers and confirmations in the use of online media in making authentic deeds.

Keywords: Deed of Establishment, Limited Liability Company, Service Bureau

Pages: 1349-1357

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