TURKISH COMMERCIAL CODE NO. 6102 WITH REGARD TO THE TRANSFER OF REGISTERED SHARES OF THE JOINT STOCK COMPANIES
6102 SAYILI TÜRK TİCARET KANUNU'NA GÖRE ANONİM ŞİRKETLERDE BAĞLI NAMA YAZILI PAYLARIN DEVRİ

Author : Ayşe ÇAKIR
Number of pages : 391-413

Abstract

Turkish Commercial Code No. 6102 has brought several innovations in the law on joint stock companies after the said law had entered into force. When the said novelties are examined, the primarily arrangements which were introduced for transfer of the shares of joint stock companies are remarkable. While the share transfer can be restricted almost unlimitedly in the Trade Commercial Code No. 6762 which was abolished, it is seen in the new law that the share transfer is a principal and the restriction of the share transfer is an exemption. At this point, the restrictions on the share transfer sometimes causes contradiction to the Law on the Joint Stock Companies and lead to deviations from the structure legally designed for the joint stock companies. Moreover, the benefit that partner desires to leave from his/her company by way of transferring his/her shares comes up against the benefit that partner derived from the restriction of the joint stock companies on the share transfer. Thus, the issues concerning how both benefits will be protected and under which circumstances one benefit prevails the other one brought forwards some problems. This study will emphasize the novelties on Turkish Commercial Code No. 6102 with regard to the transfer of registered shares of the joint stock companies and explain the restriction on the transfer of the said shares with the articles of association.

Keywords

Share Transfer in Joint Stock Companies, Registered Shares, Original Contractual Context

Read: 578

Download: 194