Master'sOpen Access

The cancellation of negative decisions made at the general shareholders? meeting of a joint stock company

2010
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Advisor: Prof. Dr. Yadigar İzmirli

Abstract (EN)

General Shareholders? Meeting is an essential and mandatory part of a joint stock company. Decisions regarding the operation and management of a company are made at the General Shareholders? Meeting, in which each shareholder has the right to participate and the will of the company is established. Although the Turkish Trade Act (TTK) arranges the defeasibility conditions in cases of nullity concerning the decisions made at the General Shareholders? Meeting, it does not provide special arrangements for decrees of nullity, which have been null since the beginning ? i.e. regarded as legally invalid ? and are unfeasible as regards their subjects or do not include the essential terms specified by law.In the framework of this study, the cancellation of negative decisions made at the General Shareholders? Meeting is examined from different perspectives in light of the relevant legislation, discipline (or doctrines) and court decisions.This study discusses the defeasibility of negative decisions made at the General Shareholders? Meeting, over a general analysis of the cancellation of decisions taken at general shareholders? meetings. As the negative decisions made at general shareholders? meetings are regarded as decrees in terms of their legal character, they shall be subject to action of nullity, pursuant to Article 381 of the Turkish Trade Act, in cases where the negative decision made at the General Shareholders? Meeting causes a positive effect.

Author

Dr. Sanem Güngör

How to Cite

Sanem Güngör (Master Thesis). The cancellation of negative decisions made at the general shareholders? meeting of a joint stock company, 2010, Gazi University.

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