Normative analysis discusses brokerage legal responsibility for customer assets in online investment, highlighting legal entity obligations.
This research aims to discuss the legal responsibility of futures brokerage companies to their customers. This research applies the normative legal research method, which is research based on a legal material approach, both primary and secondary. A brokerage company or Exchange Member Broker is defined as a part that accommodates investors in securities transactions on the stock exchange. Brokerage companies on the trading floor, conduct transaction activities by purchasing and selling securities on investor orders. The brokerage company as such, can only transact if the investor has given instructions. The concept of legal liability is related, but not identical to the concept of legal liability. The result of this research is the Futures Brokerage Company as a legal entity has limited liability according to the law, when an act is carried out for, and on behalf of the company, it is considered that the act is carried out by the company itself, not by the people who carry out the relevant acts. This means that as long as the management of the Futures Brokerage company performs duties for, and on behalf of the company, the responsibility is imposed on the Futures Brokerage company. As a legal entity, a Futures Brokerage company is a legal subject, even if it is not a person, but is considered to have its property separate from its members, and is a supporter of rights and obligations, such as a human being. This means, that legal entities have rights, as well as obligations, and can participate in legal traffic. As a legal entity, it means that it is a legal subject supporting rights and obligations in law so that it can act as a plaintiff, as well as a defendant who is burdened with responsibility.
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Irma Johanna Mosquera Valderrama (2025) studied this question.
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