Shareholders as the owner of company individually has no significant authority except suing the Board of Directors, Board of Commissioners and other shareholders if their decision harmed him.
Shareholders would have had authority if he was within the General Meeting of Shareholders (GMS). General Meetings of Shareholders constitutes a forum and the highest organ in the Company.
Concretely, GMS is a forum where shareholders have authority to obtain information related to the Company either from Director, or Commissioner. From those information then GMS would make its policy or resolutions that would be taken for keeping the company’s interest and continuity.
Article 75 paragraph (1) of Law number 40 year 2007 regarding Limited Liability Company (Company Law) states, GMS have any authority not given to the Board of Directors or Board of Commissioner within the limits specified in the Company Law and/or the articles of association.
So, the role of GMS actually is to make sure that Commissioners and Director obey the law and the articles of association in running their job for keeping the interest and continuity of the company. (this article in Bahasa)
Law No. 40 year 2007 regarding Limited Liability Company
About The Author
Boris Tampubolon, S.H. is an Advocate and Legal Consultant. He is also the Founder of Law Firm Dalimunthe & Tampubolon Lawyers. He made this website with the aim to provide all information related of law, help and defend you in order to solve your legal problem.