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A company (PT Kombet) obtained a loan from a bank (Bapindo) with personal guarantee and borgtoch from the shareholders of that company. Then the shareholders sell their shares with the promise that the debt guarantee from the old shareholders will be canceled and the new shareholders (buyer) will provide a replacement guarantee to Bapindo (creditor). When the credit could not be paid by PT Kombet and declared as bad credit, it turned out that at the time the execution was about to be carried out, the new shareholder had not yet given a replacement guarantee to Bapindo. In this condition, the old shareholders are still bound as guarantors for the debts of PT Kombet.

Supreme Court Decision No. 2579 K/Pdt/1995 dated August 28, 1997

Regards,

Fredrik J. Pinakunary


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