THE BOARD OF DIRECTORS DID NOT MAKE AN ANNUAL REPORT AND DID NOT HOLD AN ANNUAL GMS
 
The Applicant, as a shareholder of PT HSA, objected to the actions of the Respondent as a director who did not make an annual report and did not
hold a GMS every year, which made the Applicant ask for a stipulation from the court to determine the Applicant as a party having an interest in holding the GMS of PT. HSA with the agenda of asking the Board of Directors for the Company’s Bookkeeping Accountability
for the 2008-September 2011 financial year and the Dismissal and Replacement of the Company’s Directors and Commissioners.
 
At the first level, the court partially granted the Applicant’s Application, and the Applicant was permitted to carry out the GMS of PT. HSA with
Bookkeeping Accountability agenda.
 
The stipulation and considerations are in accordance with the results of the examination at the trial, which shows that the Applicant for the stipulation
is a shareholder of PT. HSA (Respondent) of 25% of the total shares so that it is a party that has a reasonable interest in holding a GMS as referred to in the provisions of Article 80 paragraph (2) of the Company Law and the Respondent’s refusal to involve
the Applicant in the PT GMS. HSA is against its legal obligations.
 
Supreme Court Decision: Rejects the cassation request. The cassation plaintiff, the Directors of PT. HSA.
 

Supreme Court Decision No. 2724 K/Pdt/2012.
 
Source:
Article entitled: “Disputes Between Company Organs, Civil and Criminal Lawsuits,” by Hamalatul Qurani, Hukumonline.com, 23 November 2022.
 
Best regards
Fredrik J. Pinakunary