Legal Aspects Of Prospectus Errors For Capital Market Public Companies In Indonesia
Journal Title: IOSR Journal of Humanities and Social Science - Year 2018, Vol 23, Issue 10
Abstract
For companies that will increase their business and obtain additional capital can make various efforts, including through bank loans. But it does not rule out the possibility of buying and selling shares (securities) in the Capital Market by making a public offering to both individuals and institutions (companies), by involving the community as investors, of course, the company that sold the shares was a Closed Company changed its status to a Public Company ( open) as stipulated in Law No. 40 of 2007 concerning Limited Liability Companies (UUPT) and Law No. 8 of 1995 concerning Capital Market (UUPM). For a closed company that sells shares to the public through a public offering in the Capital Market, it must first provide a document called Prospectus as information about the general description which is used as a guideline for investors to be more interested in buying shares offered, so that the prospectus can be said as a determinant instrument for the issuer ( company) so that the investor is willing to buy it, because the prospectus is a determinant, the issuer must provide the right prospectus about the company's information because if there is a mistake the prospectus intentionally carried out by the issuer could be detrimental to investors and other parties, which can raises the legal aspect of the error of the prospectus, including the aspect of civil law because it has harmed others, criminal law aspects because it is considered to have committed fraud and administrative aspects of law because Bapepam as the regulator, supervisor and supervisor in the Capital Market can carry out administrative actions against public companies that have made a mistake in the prospectus in the Capital Market.
Authors and Affiliations
Maswandi .
Keywords
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- EP ID EP421652
- DOI 10.9790/0837-2310073239
- Views 55
- Downloads 0
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