Dampak Perubahan Status Badan Usaha Cv menjadi Badan Hukum Pt Terhadap Perjanjian Kredit yang sedang Berjalan (Studi pada Bank BNI)

Abstract

Every entrepreneur wants his/her business to make progress, but before developing the business several factors that can influence the success of development of the business itself should be paid attention to. Business activity is the one without limited development and will keep developing from time to time. In the development of the business, the entity supporting and sponsoring the business also makes progress in line with the velopment of the business activity itself. Commencing from individual company, the business changes into a firm, comanditer company (CV), and then a legal business entity such as limiuted liability company (PT). In the development the business activitiy, the companies always need supplementary capital to develop/extend their business networks. In general, the businessmen will apply for supplementary working 0capital in the forms of credit facilities from the financial institution such as the bank. To get the credit from a bank, certain administrative provision and requirement is needed. If the credit applied by the businessmen is big enough, the bank will ask for a certain amount of movable or unmovable collateral to meet the requirements for the credit extension, besides it can also change the form of business entity from unincorporated into incorporated enterprises. The data for this descriptive analytical study with normative juridical approach were in the forms of primary, secondary and tertiary legal materials. The data obtained were then evaluated and qualitatively analyzed to deductively discuss the problems nased on the existing regulations of legislation in banking and the law of agreement. The result of analysis was qualitatively described through legal interpretation and logic to obtain anew description or to strengthen the existing description in asnwering the problems and to dranw a conclusion and to make a useful suggestion. The change from comanditer company (CV) into a legal business entity such as limiuted liability company (PT) against the ongoing credit agreement shall begin with the renewal of credit agreement from previous debtor (CV) to current debtor (PT) resulting in a novation (debt renewal) with a number of additional requirements such as the addition of the collateral previously given. The collateral previously given on behalf of CV shall be cancelled with the agreement of Bank BNI and is transfered on behalf of PT as current/new debtor through a General Meeting of Stockholders.