Name
& Domicile of the Company
Name
of the Company
The specified name is given then will
be attached to the company, but of course should be indistinguishable from the
trademark. Because of the many provisions related with the named of a company.
so, many parties to determine the name of their company still follow the rules is
set by the government, and make other word, simbol, or frase to become trademarks
which is considered to be inherent in the minds of consumers as well as
business colleagues.
In the Company Law, rules about company’s
name is only regulated in general terms. Such as, the company should be named
with the prefix "PT" which stands for "’Perseroan Terbatas’ (in
englih: Limited Liability Company)",[1]
and if it has been a go-public at the end of its name plus the word "’Terbuka’
(in englih: open)" with the abbreviation "Tbk." As well as the
applicable provisions of the Capital Market Law.[2]
The provisions in the Company Law
also regulates the things that are prohibited in the named of a company, ie:[3]
- Has been lawfully used by another Company or is similar to the name of another Company;
- Contravenes public order and/or decency;
- Is identical or similar to the name of a state agency, government agency, or international agency, except with their approval;
- Does not conform to the purposes and objectives and business activities of the Company, or only designates the purposes and objectives of the Company without having its own name;
- Consists of numbers, a set of figures, a letter or a set of letters that do not form any words; or
- Means a Company, a legal entity, or a civil enterprise (persekutuan perdata).
In
addition, as mandated by the Company Law
in Article 16 (4) which states "Further
provisions with regard to the use of a Company’s
name will be regulated by Government
Regulations". Therefore, the provisions relating to the naming
of the company’s in more detail there is in the Government Regulation No. 43 of 2011 Regarding Procedures for the
Submission and Use of Name of Limited Liability Company.
Domicile of the Company
In
addition, to be address to conduct direct communication nor correspondence.
Clarity related with the address of the company will be very important because,
like people, the company is a legal entity. When will sue or be sued in the
courts, then the clarity address in the lawsuit became a necessity, in order to
the lawsuit is not categorized as a lawsuit is blurred and can be resulted
rejection of the lawsuit by the judge.
The
provisions is relating to the company's domicile in the Company Law contained
in two article, though there are other articles which determines where the
filing of a lawsuit or request, however the article is related to the domicile
of the companies, first contained in Article 5 of the Company Law which states
that the company must have a domicile and that should located in the territory
of the Republic of Indonesia and be specified in the articles of association of
the company.[4]
And then in the correspondence, announcements issued by the Company, printed
materials, and deed, if the company is a party in the documents mentioned
above, then the the company must state the name and complete address.[5]
The
provisions in Article 5 of the Company Law reinforced by the provisions in
Article 17 of the Company Law which requires the Company to be in the city or
district in the territory of the Republic of Indonesia, and in the explanation
of Article 17 is said domicile of the company’s does
not prevent a Company having its domicile in a village
or sub-district provided that the articles of association specify the name of
the city or regency of the village or
sub-district.
Regards
Jun
