Protection of minorities with rights of information and investigation in law of incorporated companies according to new Turkish Commercial Code

Incorporated companies are very important part of our economic and legal life. They have their own legal entities and as a social organism of our society they can freely make legal transactions. In order to carry on activities, legal entities need internal and external communication. Because, the formation of the will in legal entities needs communication. Therefore the lawgiver gives great importance to the organization of the incorporated companies. For example Turkish legislator arranged the compulsory organs and the relations between these organs, for incorporated companies, substantially and directly in Turkish Commercial Code. Relation between organs and members of these organs requires communication. The theme of the communication in legal entities is always "information". Incorporated companies consist of share holders. In order to manage their investments and use their membership rights, share holders need information about company. This study especially evaluates provisions of the Turkish Commercial Code about share holder's information. Main hypothesis of the study is, despite many provisions in the code, there is an information system within incorporated companies, which has three phases. Because of this legal structure, all rules dedicated to share holder's information, must be interpreted on the same legal ground. To be able to do this, firstly, the economic and legal motivation of the lawgiver must be revealed. Then, legal provisions about share holder's right on reactive information must be investigated on the basis of this general system. This study also includes the procedural use of the share holder's right on information and investigation, in courts. Keywords: New Turkish Commercial Code, Incorporated Company Law, Right of Information Retrieval, Right to Review.