Hi Friend KH, Who is not familiar with the authentic deed? Or maybe you have heard this term before but forgot what the definition is? Well if you want to know what an authentic deed is, you are in the right place. Check out the information below. An authentic deed is a deed made and prepared by a notary or other official for the benefit of the parties in making a work contract. Well, as with business, this authentic deed is important to have for companies and individual business people so that the business being undertaken gets guaranteed legal protection. This is because an authentic deed can be said to be the most perfect proof letter and/or evidence because it is binding evidence, meaning that the judge must recognize the truth of the matters contained in the deed. After knowing the definition of an authentic deed, of course you already have an idea of what an authentic deed is. Then next, you also need to know what are the characteristics of an authentic deed, the requirements that must be met when you want to make an authentic deed, and examples. For more details, see the explanation below.
Characteristics of an Authentic Deed
Based on Article 1868 of the Civil Code (KUHPer), an authentic deed is a deed made in the form prescribed by law by or before public servants authorized to do so, at the place where it is made. An authentic deed has the following characteristics:
- The form is in accordance with the law-the law of course has determined the format as well as the content that must be present in an authentic deed. So, someone cannot just make an authentic deed.
- Made before authorized parties or officialsAn authentic deed is an official means of proof, which means that it cannot just be made, but must be made before the relevant authorized officials, one of which is a Notary.
- Perfect evidentiary powerIn this authentic deed, the judge recognizes the truth of whatever matters contained in the deed. This gives the owner of the deed full power over what is stated in the deed.
- Truthfulness can be deniedThis can be done provided that the denier must provide strong evidence of the untruthfulness of the matters in a deed.
Requirements for Making an Authentic Deed
An authentic deed has perfect evidentiary power for the parties and all their heirs or other parties who get rights. However, before applying for an authentic deed including for business purposes, there are several requirements that you must fulfill, including:
- Deeds must be made with the testimony of a public official
- The form and content of the deed must be in accordance with the provisions of the law.
- The official who witnesses the making of the deed must have the authority to make the deed.
Example of an Authentic Deed
After getting to know what are the characteristics and requirements, then what exactly is included in the example of an authentic deed? Some deeds that are included in authentic deeds include birth certificates, death certificates, land deeds, marriage certificates, notarial deeds, foreclosure deeds, and many more. However, what is often used in business is a notarial deed. A notarial deed, or notarial deed, is defined as an authentic deed made by or before a notary. A notarial deed as an authentic deed has outward, formal, and material evidentiary power if the notarial deed is made according to the applicable provisions. So that this deed will bind the parties, including the court which must accept the notarial deed as perfect evidence. Notarial deeds in business also function as a means of proof in the future, if two or more parties make certain agreements. Notarial deeds in business are usually used in the establishment of Limited Liability Companies (PT) or other business entities, establishment, foundations, cooperation agreements, debts and receivables, employment contracts, and so on.
KH Contact
That is the explanation of the authentic deed. Have you understood what is meant by an authentic deed, its characteristics, requirements and examples in the business world? Given the importance of authentic deeds related to legal guarantees, don’t forget to take care of it immediately! Not only that, an authentic deed also has strong evidentiary power before the law so that its existence cannot be denied in court, unless there is other evidence submitted by the opposing party that states otherwise. For KH friends who want to make an authentic deed related to the needs of business affairs, you can immediately contact Kontrak Hukum. Kontrak Hukum provides notarial deed making services that you will receive digitally a maximum of 2 days since the complete requirements are uploaded and a physical copy a maximum of 5 days since you receive the digital deed. Immediately visit the page https://kontrakhukum.com/notaris-digital/ to see our excellent service or contact through the following link Ask KH and Direct Message (DM) to social media instagram @kontrakhukum.
