ABSTRACT

Limited Liability Companies (LLC) in Indonesia can be registered in Legal Entity Administration System (Sistem Administrasi Badan Hukum/SABH) as Social Enterprises, after fulfilling the requirement that that the LLC is in the form of capital partnership (not a sole proprietorship) with its Memorandum of Association containing at least one Sustainable Development Goal (SDG) in the "Purpose and Objectives" Article and an obligation to reinvest at least 51% of its net profits for at least one social mission in accordance with the SDG included in the "Use of Profits and Distribution of Dividends" Article. Notary plays an important role in the establishment and registration of LLC, so notary also plays an important role in the establishment and registration of Social Enterprise in the form of LLC. This research is normative legal research using secondary data and statute approach. The result of this research shows that the role and responsibilities of notary in the process of establishing Social Enterprise LLC are the same as in the process of establishing non-Social Enterprise LLC, with differences in legal counseling, drafting memorandum of association, and registration in SABH. During the preparation stage for establishing Social Enterprise LLC, the notary needs to inquire about the type of SDG chosen by the LLC’s founders to be included in the memorandum of association. The memorandum of association must meet the requirements so that it can be registered in SABH as Social Enterprise LLC. After the deed of establishment is made, the notary requests the registration of LLC as a legal entity in SABH. For Social Enterprise LLC, the notary selects the “Social Enterprise” column and checks the statement column “I understand and am willing to implement the stipulations regarding reinvesting a minimum of 51% of net profit into at least one social mission as stated in the sustainable development goals/SDGs.” 

KEYWORDS: Limited Liability Company; Notary; Social Entrepreneurship