Share transfer promise agreement in capital companies

The adoption of the Turkish Commercial Code numbered 6102 brought important changes regarding share / share certificates and share transfer in capital companies. Unlike the old law, the context provisions regarding the share transfer have been suppled. In joint stock companies, the provisions that the company may refuse to grant circuit approval without a reason are not accepted in the new law. Again, it is an indication of this change that the denial of the transfer transaction without limited reason in the limited companies is subject to the provision in the articles of association. It is seen that another innovation brought with the TCC is related to the shares issued in return for a share. With the regulation introduced, joint stock company stocks were subjected to dual segregation according to whether they are listed on the stock exchange. The importance of this distinction is seen in the transition of rights as a result of the share transfer transaction. Limited company shares are another of the innovations that can be issued in written form. While there are comprehensive regulations regarding share and share transfer in the law, only TCC from the transfer promise agreement. It was a great shortcoming to mention the name in the 595 provision. It is possible to see that the contract in question was concluded not only in terms of limited company shares but also for joint stock company shares with the development in economic life. For this reason, in our thesis, the legal nature of the transfer promise agreement and the provisions to be applied to this agreement are tried to be determined by comparing with share transfer procedures in capital companies. Is it really necessary to distinguish between transfer promise and transfer contract? Why do people need a transfer promise contract instead of making a transfer contract that requires less expense and is done in a single transaction? In our thesis, answers to such questions have been sought and the suggestions for solutions found are indicated in the conclusion.