Juridical Review of a Limited Company if it acts as a company in a Commanditare Vennootschap Company

As a legal entity (rechpersoon), a PT also holds the status of a legal subject. Included in
the definition of legal subject is human (naturlijke persoon) and legal entites (rechpersoon) such
as PT, state companies, foundations, government agencies and so on.
As a legal subject, PT has rights and obligations and can enter into legal relations(rechtsbetrekking/rechtsverhouding). In addition, based on the fictie theory it is also stated that
legal entities are considered the same as humans (persoon) as a legal subject. Therefore legal
entities are also given the same rights and obligations as humans (persoon) in general.
Commanditare Vennootschap a form of business entity formed by two or more people who
then entrust their capital to two or more people. This was done to run the company as well as
entrusted to lead the company. The goal is to achieve common goals with the level of involvement
of each member, so some experts argue that CV consists of limited partners and complementary
partners. Limited partners (passive partners) have the responsibility to provide CV capital to
complementary partners (active partners) who are responsible for carrying out CV activities.
Based on this background, in this thesis two problems aries, namely:
1. Is it possible and justifiable for a PT to become and active shareholder in the CV
arrangement and what is the legal basis.
2. What if a PT becomes a passive participant in the CV, then with what concept so that this
collaboration can run legally.
To answer these problems, the Statute approach is used so that information will be obtained
from various aspects regarding legal issues that are being tried to find answers. This Law
approach is carried out by examining all laws and regulations that are related to legal issues
related to the issues that are discussed in writing this thesis.
After discussing the existing problems, it can be concluded that if this is based on this, then
in general it is legally possible for every legal subject to carry out a legal action so that a limited
liability company (PT) which is the subject of a Recht Persoon for cooperation in a Business Entity
in the form of Limited Partnership (CV) both as active (Complementary) and passive
(Commanditary) partners.
Keywords: Commercial Law Law (KUHD), Law no. 40 of 2007 concerning Limited Liability
Companies, Permenkumham No. 17 of 2018.