International Journal of Judicial Law

Analysis of Notarial Legal Liability for Minutes of the General Meeting of Shareholders and Deeds of Statement of General Meeting of Shareholders Resolutions Giving Rise to Corporate Disputes

I Made Setiawan¹, I Made Dedy Priyanto²

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Abstract

This article seeks to examine the juridical distinction between the Minutes of the General Meeting of Shareholders (GMS) and the Deed of Statement of Meeting Resolutions, as well as to analyze the limits of notarial legal liability in relation to both forms of deeds. This research employs a normative legal method, utilizing statutory, case, and conceptual approaches. The findings reveal that the Minutes of GMS qualify as a relaas deed, as they are drawn up on the basis of the notary’s direct presence and observation, thereby possessing broader evidentiary force and giving rise to liability that extends beyond formal aspects to include the factual accuracy of the recorded events. In contrast, the Deed of Statement of Meeting Resolutions is classified as a partij deed, which merely embodies the statements of the appearing parties, resulting in limited evidentiary value and confining the notary’s liability primarily to formal-administrative matters. In practice, the predominant use of such deeds frequently leads to legal disputes where they are founded upon inaccurate or misleading representations, as reflected in Decision Number 94/Pdt.G/2021/PN Srg. Accordingly, a proper understanding of the distinction between these deeds is essential in determining the proportional limits of notarial liability and in preventing the unwarranted criminalization of notaries.

Keywords: Judicial Law, Legal Systems, Administration of Justice, Legal Scholarship, Judicial Accountability, Access to Justice, Legal Reforms, Courts and Legal Systems

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Licensed under CC BY 4.0.