Author
Ozer, Işık
Publication Date
2015
Publication Place
-
Baskent University
Type
Periodical
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Library Asset ID
2148-6638
Record ID
ee9f2945-d485-45fb-86a6-59a64b79ed76
Library Location
Law
Date
2015
Sample Text
Participation dividend shares are essentially subject to capital market legislation and are governed by the "Share Communiqué" numbered VII-128.1, published by the Capital Markets Board, which also regulates the principles regarding shares and share-like securities. 36 ff. of the Communiqué. In the articles, detailed provisions are included about the general principles regarding the issuance of participation dividend certificates and the rights that may be granted to the holders of the shares, and the 2nd paragraph of Article 39 is reserved for the special assembly of participation dividend certificate holders. However, the fact that the general assembly of usufruct share owners, regulated in the 3rd paragraph of Article 402 of the old Turkish Commercial Code no. 6762, has not been included in the Turkish Commercial Code no. 6102 may cause some problems to arise regarding the special assembly of participation usufruct share owners. In this study, the relevant articles of the Turkish Commercial Code and the Communiqué numbered VII-128.1, which is the only provision in Turkish law regulating the special assembly of dividend share holders, are examined. By focusing on 39/2, we will try to address the problems related to the subject. Beneficial interest certificates have been authorized by the "Communiqué on Shares" which is issued by Capital Markets Board of Turkey. Communiqué on Shares, article 36 ff, decrees general principles concerning the export of beneficial interest certificates and the rights of certificate-holders in detail and the second paragraph of the article 39, defines general assembly of holders of beneficial interest certificates. The fact that "general assembly of holders of participation certificates" under article 402, paragraph 3, of the former Turkish Commercial Law of 6762, is absent in the Turkish Commercial law of 6102, may bring about problems concerning the "general assembly of holders of beneficial interest certificates". For this reason, concentrating on the 39/2 article of the Communiqué on Shares, as the only article which regulates general assembly of holders of beneficial interest certificates, with regard to the articles of the Turkish Commercial Code, this paper attempts to study the problems that may arise as a consequence of this.
Cilt
1
