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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Frans Winarta & Partners

View the listing for Frans Winarta & Partners

DISCOVERY OF DOCUMENTARY EVIDENCE IN INTERNATIONAL COMMERCIAL ARBITRATION

May 2012 - Litigation & Dispute Resolution. Legal Developments by Frans Winarta & Partners .

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International commercial arbitration has been vastly developed as one of the most efficient and preferable method of commercial dispute resolution internationally and resulting in the involvement of parties from around the globe that come from different legal systems.

Overlapping Trademark Registrations in Indonesia and The Efforts To Avoid It

March 2012 - Intellectual Property. Legal Developments by Frans Winarta & Partners .

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The existence of Intellectual Property Rights ("IPR") in the relation between people and between countries is something that can no longer be avoided in the current free market era.

An Eye for an Eye….the Tragic Execution Of Ruyati And A Way Forward For Indonesia

March 2012 - Corporate & Commercial. Legal Developments by Frans Winarta & Partners .

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Indonesia is in a state of shock following the beheading of Ruyati binti Satubi in Saudi Arabia, on Saturday 18 June. Ordinary Indonesian citizens are appalled at the barbarous treatment of one of Indonesia’s overseas workers and fellow citizens.

LAWYER-CLIENT CONFIDENTIALITY OFTEN VIOLATED

March 2012 - Tax & Private Client. Legal Developments by Frans Winarta & Partners .

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It is a tradition and universal public knowledge that the relationship between a lawyer and his clients imports obligations of confidentiality.

Copyright Protection: between Concept and Reality

March 2012 - Intellectual Property. Legal Developments by Frans Winarta & Partners .

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Copyright to a work still adheres to the author

BY FRANS H WINARTA Advocate who focuses on IPR

Latest Consent or Addendum, Which One Shall Apply?

September 2011 - Corporate & Commercial. Legal Developments by Frans Winarta & Partners .

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In the contract law theory, under Indonesian law, an agreement is deemed to have occurred if there is consent of the parties. This is according to the Civil Code as the applicable contract law, i.e. Article 1320 of the Civil Code:

DIRECTOR’S RESPONSIBILITIES IN A LIMITED LIABILITY COMPANY

February 2010 - Corporate & Commercial. Legal Developments by Frans Winarta & Partners .

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In a Limited Liability Company (”Company”), the Director is one of the Company’s organs who oversees the activities of the Company. In overseeing the activities of the company, the Director has the right and authority to act for and on behalf of the Company.

QUORUM DETERMINATION TO BREAK THROUGH GMOS DEADLOCK

March 2009 - Corporate & Commercial. Legal Developments by Frans Winarta & Partners .

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In a General Shareholder Meeting ("GMOS"), we often discover that a quorum is unattainable due to the absence of shareholders even though the shareholders have been officially summoned to attend the GMOS. The absence of shareholders may result from a disagreement over the agenda of the GMOS. In such event, the Board of Directors or the Board of Commissioners may issue the summons for the second GMOS. Furthermore, if the second GMOS quorum is still unattainable, according to Law No. 40 Year 2007 regarding Limited Liability Company ("UUPT"), the company may request that the Head of the District Court, who has jurisdiction over the company's domicile, determine the quorum for the third GMOS. The UUPT regulates this matter in order to avoid a deadlock in making decisions, which may hamper the company's business activities.

NO MAN SHALL BE A JUDGE ON HIS OWN CAUSE

February 2009 - Crime. Legal Developments by Frans Winarta & Partners .

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The problem of due process of law often comes up in an investigation process, especially in evaluating the treatment of a person who is being investigated by law enforcers, i.e. the police, the prosecutor or the judge.

COLLECTIVE RESPONSIBILITY OF A COMPANY’S BOARD OF DIRECTORS

February 2009 - Corporate & Commercial. Legal Developments by Frans Winarta & Partners .

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In a company, the Director or the Board of Directors plays a very important role in managing the company's daily activities, which could result in two possibilities, the growth or the loss of the company. In order to achieve such goals, the Director or the Board of Directors needs to have sufficient knowledge in order to manage and develop the Company because as a professional, the Director is granted valuable powers, by the law or by the Articles of Association of the Company.