Suspension of execution (Via an interim measure) of joint stock company general assembly resolution (TCC Art. 449)

Joint stock companies have an important place in the economic system. These companies carry out their activities through their bodies. These bodies are the general assembly and the board of management. Bodies reveal their will with the decisions. Decision taken by the general assembly may be contrary to law. These decisions are subject to the sanctions of non-existence, nullity and annulability. There is a possibility that the decisions of the general assembly contrary to law can be applied until they are subjected to sanction. The application of the above-mentioned decisions can affect a large number of people who are related to the company in a negative way. According to Art. 449 of TCC, the application of the decision of general assembly contrary to law can be prevented by suspending the execution of the general assembly resolution. In this study, the issue of suspension of execution of the general assembly resolution will be discussed. In this context, the first section will include the term for suspension of execution of the general assembly resolution and general information about the sanctions applicable to the resolutions of the general assembly contrary to law. In the second section, the conditions of the suspension of execution of the general assembly resolution and the parties of the judgment. In the last section, judgments on the request for measures, the decision on the measure and the results of this decision will be evaluated.