Master'sOpen Access

Invalidity of cooperative general assembly decisions

2022
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Advisor: Doç. Dr. Ali Haydar Yıldırım

Abstract (EN)

General assembly in cooperatives; It is the only organ where the members can participate in the management of the cooperative and control the activities of the cooperative. The General Assembly can carry out these participation and supervision activities by meeting at a certain time and place by making a decision. Since there is no other body with wider powers in the general assembly, or more precisely, there is no higher body that can supervise the activities of the general assembly, the decisions taken have been subject to judicial review. In this respect, general assembly resolutions are subject to absence and nullity sanctions because they are legal proceedings. In addition, the reasons for cancellation are regulated in the Cooperatives Law No. 1136. In addition, the special nullity reasons regulated in article 447 of the Turkish Commercial Code No. 6102 are also applied to cooperatives. In the first part, the meaning of the general assembly in cooperatives, when and how it can convene, what procedures should be applied for the meeting to be held, the meeting and decision quorums are mentioned, and the conditions required for the implementation of the decisions taken are explained. In the second part, the situations in which the general assembly resolutions will be invalid have been evaluated within the scope of absence, nullity and annulment, the differences between absence and nullity have been mentioned, and the argument of these invalidity states has been tried to be explained. The cases of unlawfulness that give rise to the annulmentability, which is clearly regulated in the Cooperatives Law, are listed, who can file an vii action for annulment under what conditions, against whom the action for annulment will be filed, special procedural regulations in the action for annulment, and the situation of the parties in case of acceptance or rejection of the action for annulment has been discussed. In the conclusion part, a general examination has been made about the general assembly resolutions. Keywords: Cooperative, General Assembly in Cooperatives, Invalidity of General Assembly Decisions.

Author

Dr. Ozan Küçük

How to Cite

Ozan Küçük (Master Thesis). Invalidity of cooperative general assembly decisions, 2022, Dokuz Eylül University.

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