The Limits of Notarial Responsibility in Cross-Border Public Company Acquisitions

The acquisition of a publicly traded company involving foreign investors raises several legal issues concerning notarial authority, document validity, procedural compliance, and shareholder protection. This study examines whether the exercise of notarial authority in the acquisition process complies with the legal framework governing limited liability companies, capital markets, and foreign investment. It also identifies the legal challenges arising in such transactions. The study adopts a normative legal research methodology using statutory, conceptual, and case approaches. Legal materials are analyzed qualitatively through deductive reasoning and systematic legal interpretation. The findings indicate that notaries play a crucial role in ensuring the authenticity of legal documents and providing legal certainty in corporate transactions. However, their authority does not replace or supersede the respective responsibilities of directors, investors, or regulatory authorities. The principal legal challenges involve document validity, compliance with acquisition procedures, disclosure obligations, and the consistent application of legal requirements governing changes in share ownership and corporate control. This study concludes that legal certainty in cross-border acquisitions requires rigorous document verification, procedural compliance, and effective coordination among all parties involved.

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Publication Details

Journal
JIHK
Published
2026-10-30
DOI
https://doi.org/10.46924/jihk.v8i2.535
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
0.00
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article

The Limits of Notarial Responsibility in Cross-Border Public Company Acquisitions

Yoyo Arifardhani, Sherly Berliana, R. Utji Sriwulan W
1 links
JIHK
Corporate Governance and Law
article

The Limits of Notarial Responsibility in Cross-Border Public Company Acquisitions

Yoyo Arifardhani, Sherly Berliana, R. Utji Sriwulan W
article en

Abstract

The acquisition of a publicly traded company involving foreign investors raises several legal issues concerning notarial authority, document validity, procedural compliance, and shareholder protection. This study examines whether the exercise of notarial authority in the acquisition process complies with the legal framework governing limited liability companies, capital markets, and foreign investment. It also identifies the legal challenges arising in such transactions. The study adopts a normative legal research methodology using statutory, conceptual, and case approaches. Legal materials are analyzed qualitatively through deductive reasoning and systematic legal interpretation. The findings indicate that notaries play a crucial role in ensuring the authenticity of legal documents and providing legal certainty in corporate transactions. However, their authority does not replace or supersede the respective responsibilities of directors, investors, or regulatory authorities. The principal legal challenges involve document validity, compliance with acquisition procedures, disclosure obligations, and the consistent application of legal requirements governing changes in share ownership and corporate control. This study concludes that legal certainty in cross-border acquisitions requires rigorous document verification, procedural compliance, and effective coordination among all parties involved.

JIHKVol. 8(2)
Pancasila University (ID)
Peace, justice, and strong institutions
Openalex Percentile: Top 9%
Corporate Governance and Law
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