| dc.description.abstract | A shareholder is not always liable for the number of stocks he has remitted
when the corporation sustains a loss. A bankrupt corporation which sustains a loss
and is not able to pay off its tax can be caused by vested interest or conflict of interest
‘among shareholders so that they take their own responsibility. This shareholders’
liability can continue until a condition when a corporation is bankrupt due to tax
payble. How is the liability of legal entity of a bankrupt corporation which is in tax
liability according to tax law and how is the liability of shareholders for a bankrupt
corporation which is in tax payble according to tax law?
‘The research used judicial normative method, and interviews were conducted
10 support normative argumentations. It also used perspective method. The data were
gathered by conducting library research and analyzed qualitatively. The conclusions
were drawn deductively
The liability of legal entity of a bankrupt corporation which is stated as tax
payble according to tax law involves curator, board of directors, individuals, and
shareholders. Liability after a corporation is bankrupt becomes the liability of a
curator to organize the property of the bankrupt corporation stipulated in Article 32,
paragraph 1, letter b of UUKUP. A curator begins to do his job and to take liability
since the verdict on bankruptcy is handed down by the Commercial Court, while
board of directors of a bankrupt corporation had no right to manage a bankrupt
corporation unless his lability is asked before the Court if the verdict of bankruptcy
is appealed or judicially reviewed. Majority shareholders are liable for the paying off
all debts of a bankrupt corporation which is in tax payble according to Article 21 in
conjunction with Article 32 of UUKUP, based on public interest in which the State
acts as the preference curator. Majority shareholders have the authority to determine
the policy and decision making in performing the activities of corporation. It is
recommended that government make law or regulation to supervise curator in
organizing the inventory of bankruptcy in paying off tax layble of a bankrupt
corporation. Shareholders should take unlimited liability as itis stipulated in Article
2, paragraph 6 of UUPT when the minimum requirement of the shareholders is not
fulfilled, and according to Article 3, paragraph 2, letters, c, and d of UUPT when
shareholders have bad faith or are illegal. Majority shareholders also take liability
for the paying off the debts of a bankrupt corporation which is in tax liability
according to Article 21 in conjunction with Article 32 of UUKUP. | en_US |
