Transfer of shares through forced execution occurs in joint-stock company

In joint-stock companies, shareholders gain a saying in partnership through shareholding and participate in the management of the partnership. For his reason, share transfer has a great importance for joint stock companies. Share transfer can happen as a result of the shareholders' free will, it can also ocur against their will, through compulsory execution. Transfer of shares through forced execution occurs for the shares that are foreclosed, pledged, established with the right to imprisonment or for the shares that cannot be shared in the inherited will. The transfer of these shares shall be realized by auction moment in auction procedure and sale moment in bargaining procedure. In this respect, in the first part of our study, the concept of share, ownership and acquisition of the title of shareholding and the acquisition of the title of shareholding are explained by referring to the publicly held and closed joint stock company in general. Also,with respect to share types, the methods of share allocation are analyzed through the separation of joint-stock shares, documented shares, undocumented shares and certified shares. In the second section, general information about transfer of shares and forced enforcement law is presented. Since the transfer procedures applied in terms of share types differ when dealing with the transfer of shares, the transfer procedure is explained separately for each type of share. In order to provide a better understanding of the transfer of shares, which is one of the ways of transfer of shares, by compulsory execution, general information on compulsory enforcement law is also given in this section. In the third section, with an exploration of joint-stock share transfer through forced execution, share transfer through foreclosure, share transfer by use of the right of imprisonment, transfer of pledged shares and finally the transfer of inherited shares with court decision due to impossibility of its voluntary share are analyzed. Our study is addressed in light of legal legislation and jurisprudence. Keywords: Joint Stock, Joint Stock Share, Types of Joint Stock, Transfer of Corporate Joint Stock, Compulsory Enforcement Law