Stock register

The stock register, which is the subject of our study, is kept for the holders of unregistered shares, registered share certificates and usufruct rights in joint stock companies. The stock register, which was controversial whether it was a commercial book within the meaning of Art. 66 under the TCC. No. 6762, is considered among the non-accounting commercial books that the joint stock company is obliged to keep by law under the TCC. No. 6102 (TCC. Art. 64/4). Also, the criticisms regarding the very limited regulation of the stock register under the former law were taken into consideration and the scope of recording in the register was expanded. In the new regulation, the information regarding the shareholders and beneficial owners in the stock register is determined as name, surname, title and address. However, the doctrine rightly states that the information required to be included in the stock register is not limited, and that it would be beneficial to include some matters other than the records required to be included in the stock register. The stock register is kept for unregistered shares, holders of registered share certificates and holders of usufruct rights, and it is a source that the partnership may consult for the determination of the persons who will exercise the rights attached to the shares and who have obligations towards the partnership. In this sense, the stock register has a significant impact on shareholders' rights, and the legal consequences of this impact should be addressed separately. Registration in the stock register is made upon a registration request to be submitted to the partnership. After the registration request is submitted to the partnership, the partnership is obliged to examine the application. This obligation is important since the persons registered in the stock register are considered as shareholders and beneficial owners. This obligation consists of examining whether the transfer and the transaction regarding the establishment of a usufruct right on the shares have been carried out in accordance with the procedures in order for the company to make a decision regarding the registration in the stock register. As a matter of fact, TCC. Art. 499/2 regarding the stock register clearly states that the stock register shall be registered upon the proof that the share has been duly transferred or a usufruct right has been established. Therefore, if the partnership determines, after examining the documents regarding the transfer or usufruct right, that the transactions are in compliance with the procedures, it shall make the registration in the stock register. Another important situation in terms of the stock register is the decision to be made by the partnership regarding the approval or rejection of the registration request and the legal consequences of this decision. With the approval decision, the transferee of the share and the beneficial owner are deemed to be the right holders in relations with the partnership. On the other hand, it is not possible for the person whose request for registration in the stock register is rejected to assert his/her shareholding title against the partnership. At this point, a lawsuit for registration in the stock register is filed and registration in the stock register is requested. However, it should be noted that the rejection of the request for registration in the stock register for registered share certificates has different legal consequences depending on whether the registered share is listed on the stock exchange or not. The explanations we have made for the stock register in a joint stock company also apply to the share ledger kept in a limited liability partnership. However, different qualifications such as the listing of shares in the stock exchange in joint stock companies and the transfer of shares in limited liability companies are discussed in the relevant sections of the thesis in the context of the stock register. In addition, regulations that need to be recorded in the stock register, such as the right of pledge, which is applied in both partnerships, are also included.