Share transfer in incorporated companies under Capital Market Law

The ecenomic and financial developments in the capital market have obliged people to take advantage of computer system. The means that keeping records and making transaction over this computer system have been caused being lived a different process even in share transfer. Thus the necessity of being electronically recorded and monitored shares by means of computers instead of being binded shares has occured.Also this exchange has displaced incorporated companies in the capital market. A consept of PHC (Publicly-Held Corporation) has appeared. Legal arrangements in the field of incorporated companies have been reordered by reason of the needs which system brought.With the consept PHC appeared, trading volume has increased and trasfer of partner?s interest has led to the emergence of various regulations which were drawn up in CBM (Capital Markets Board of Turkey), nor included TCC (Turkish Commercial Code). The matter of our study `SHARE TRANSFER IN INCORPORATED COMPANIES UNDER CAPITAL MARKET LAW? was dealt with respect to these regulations.The increase of participation in capital markets and especially the quantitative growth in issue of shares have also brought along some legal problems. These legal problems firstly come to mind are public offering of shares by PHC, forming a brokerage contract with intermediary institutions for public offering, forming an emptiovenditio with intermediary institutions for PHC to act as an investor in second-hand market, being recorded shares and storing in Takasbank, share transfer in ISE (Istanbul Stock Exchange), being subject to mandotary call of shares and share transfer with mandotary call system of shares. As a matter of fact the problem grows out of the legal nature of shares. Shares in property securities are valuable documents. Therefore, commercial papers held in TCC is subject to strict rules formally. Being on behalf of nam and bearer of shares also brings about the same property regulations.The consept of share in incorporated companies has changed by being binded shares and circulation logging system. Transfer procedure of shares in PHC, after dematerialization of their shares, comes to the fruition at first-hand , at second-hand in ISE and at the other forms and conditions in wholesale of share market, in accordance with central book-entry share clearing system.While the aim of first-hand market is to provide capital to the corporation which issued own its own shares to the public, the aim of first-hand market is to make buying-selling of previously issued capital market instruments. Therefore, capital inflows do not occur in the safe of corporation. Corporation exported trade in these markets can purchase and sale by means of intrmediary contract and fılfilling this contract in Takasbank.Key Words: Capital Market, PHC, Share, ISE First-Hand Market, ISE Second-Hand Market, Tkasbank, ISE Settlement and Custody Bank Inc., Public Offering, Share Transfer, By recording, Time, Central Registrar.