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Rabu, 02 November 2016

CV (Commanditaire Vennontschap)

CV (Commanditaire Vennootschap)

CV (Commanditaire Vennnontschap) is a company in the form of a corporate body that is composed of several people who work together with responsibilty, mutuality and trust between the parties.
In the CV there are someone that were very responsibly towards other allies including limited partnership (active ally) and complementary partner (passive partner). Active allies are members who lead and run the company and the person who is fully responsible for all debts of the company. While Allied Passive is the only member of investing and is responsible for the invested capital to ally active and do not want to be responsible and not interfere with all operational matters of the company.
The legal basis for the establishment CV Khud regulated in Article 19 to 21 of the Guild Commanditaire.

Article 19:
The Company is formed by lending money or also called limited partnership, established between a person or between several people responsible owned joint responsibility for the whole, and one or more as a lender of money. A company can simultaneously tangible company-owned firm to state-owned firms and limited partnerships in which the money lenders. (KUHD. 16, 20, 22 ff.).

Article 20:
Without prejudice to the exceptions contained in the second paragraph of Article 30, the state-owned limited partnership name should not be used in the firm. (KUHD 19-21.)
He did not come to bear a loss of more than the amount of money that has been the inclusion in the company or who should be the inclusion, without any obligation to restore profitability that has been enjoyed. (KUHPerd. 1642 ff.).

Article 21:
Persero limited partnership which violate the provisions of the first paragraph or the second paragraph of another chapter, jointly and severally liable for the entirety of all the company's debts and engagement. (KUHD 18.).

As for the conditions on establishing CV, inculding:
1.  Incorporation Documents CV
          This deed drawn up and signed by the notary, the requirements:
     Enclose a photocopy of identity card founder, the process is 1-2 working days. 

 2. Company Domicile Certificate
    This letter was submitted to the local government office, as a proof of address information of the         company with the requirements: Copy of contract / lease business premises or proof of ownership       of business premises. The certificate and building owners if residing in an office building /            
    shopping A copy of the United Nations (Land and Building Tax) last year. The process is two    
    working days after the application was filed.

 3. Create Tax Identification Number(Tin)
     Applications for registration of business entities taxpayer submitted to the Tax Office (KPP) in      
    accordance with the company's domicile. In addition to their tax ID card, will also receive a    
    certificate registered as a taxpayer.
    Requirements: Appendix evidence of VAT (tax income) on building lease proof of UN repayment 
    and proof of ownership or proof of rent / lease business premises .The duration of the process 2-3 
    working days.

 4. Letter Of Inauguration Taxable Entrepreneurs (sp-pkp).
    SP-PKP petition is submitted to the Head of the Tax Office (KPP) in accordance with a TIN which 
    have been published.
   Requirements: Appendix evidence of VAT on the lease of buildings, proof of payment of the 
   United Nations and proof of ownership / lease / contract place of business. The process takes 3-5    
   business days after submission.

 5. Apply To Court (pn).
     Request submitted to the registration CV in local PN.
     Requirements: Attach tax ID and a copy of the deed CV .The prosses usually take 1 business day.

 6. Manage The Premit Tradding Letter (Business License).
     Request submitted to the Department of Trade City / County Business License for small and 
     medium sized groups. While large License submitted to the Provincial Department of Commerce.
     Requirements: AIS (location permit) / HO (Hinder Ordinance or Permit Disorders). Photograph 
    director / head of the company size 3 × 4 (2 pieces of colored photo). The process for large    
    company take 30 days, while medium and small company, take 14 days.
 7.  Certificate Of Company Registration
     Registration is done to the Trade Office located in the City / County domicile of the company
     Long process of 14 working days. Overall cost of setting up the CV could reach Rp 3.5 million.

Thus, the results or document file that we get include:
1. The deed of establishment CV
2. Company domicile certificate.
3. TIN (Taxpayer Identification Number).
4. Ratification from the Court
5. License (Trade Permit)
6. Company Registration Number.

The Advantages of CV
1. To set up a CV is relatively more difficult, because it requires a sufficient condition when 
    compared with the firm. Establishment CV must go through a notary and registered with the 
    Department of Justice.
2. Form CV is already known to the public, especially the small and medium businesses, making it 
    easier for companies to participate in various activities, such as participating in the tender 
    particular job.
3. CV easier to raise capital, because the more trust the banks, when compared with the individual 
    companies.
4. CV easier to develop because the management is held by people who are experts and trusted by 
    the other allies so easy to obtain government contracts.
5. CV is more flexible, because the responsibility is limited only ally komaditer while taking care of 
    the company and have a responsibility not limited only ally complementary.
6. The taxation is only one, namely the business entity only. Distribution of profits or income granted 
     to a limited partner is no longer subject to income tax.

The Disadvantages of CV
1. Survival is uncertain, because a lot depends on the active allies who acted as the leader of an 
    alliance.
2. The responsibilities of a limited partner is limited to loosen their zeal to promote the company 
    when compared with allies on a partnership firm.

Source:
http://perusahaan.web.id/definisi/pengertian-dasar-cv/

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