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Special meetings of holders of privileged shares in joint stock companies under the Turkish Commercial Code no. 6102

2012
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Advisor: Yrd. Doç. Dr. H. Ali Dural

Abstract (EN)

In the application, it is preferred to meet the economical needs of the company by opening shareholding doors for the investors and granting superior and different rights for the shares they own in the company as compared with the other shares. Although the shares generally grant equal rights to the stockholders in the joint stock companies, it may be possible to make the shareholding rights different with regard to content in favor of certain stockholders based on the articles of association for the purpose of providing financing to the company. Since the equality of shares principle is valid for the shares of the same nature and there is no absolute equality between the shares, it shall be possible to act differently for the stockholders under different conditions and therefore, the issuing of privileged shares shall not be contrary to the equal treatment principle.The privileged shares are important since they grant more rights to their holders as compared with the other shares in the joint stock company and for this reason; they are regulated within the framework of special provisions in the law. Although the special regulations concerning the privileged shares and the special meeting of the holders of privileged share constituting the subject-matter of our study in the Turkish Commercial Code (?TCC?) aim to terminate the discussions concerning the doctrine and the application within the framework of the Old Turkish Commercial Code (?OTCC?) in effect now and to strengthen the corporate governance principle in the companies, it cannot give an answer to certain discussions. In this study conducted regarding the special meeting of the holders of privileged share which may be extremely important, we have evaluated the solution suggestions for all problems and tried to light the way for the application to some extent.

Author

Dr. Mustafa Yiğit Örnek

How to Cite

Mustafa Yiğit Örnek (Master Thesis). Special meetings of holders of privileged shares in joint stock companies under the Turkish Commercial Code no. 6102, 2012, Galatasaray University.

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