Author
Demir, Koray
Publication Date
2015
Publication Place
-
Ankara University Banking and Commercial Law Research Institute
Subject
Conditional capital increase, Bond, Bond-like debt instrument, Capital market law, Conditional capital increase, Bond, Bond-like instruments, Capital market law
Type
Periodical
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Library Asset ID
1300-1396
Record ID
2e2bd54a-0cca-43c5-9c77-4abeed6c269f
Library Location
Law
Date
2015
Sample Text
The Turkish Commercial Code stipulates that a conditional capital increase can also be realized through debt instruments such as bonds. However, the concept mentioned is a concept that needs interpretation. According to the view represented in this study, the concept of bond-like debt instruments refers to all kinds of contracts that leave no room for doubt regarding the identity of the creditor, the existence and amount of the receivable, and the exchangeability of the receivable. The validity of the exchange and purchase rights to be granted through these contracts depends on the general assembly's permission or approval of these contracts., Turkish Code of Commerce allows a conditional capital increase by using bond-like instruments. However, bond-like instrument term needs interpretation. For the purpose of the present paper the term of bond-like instruments shall mean any agreement that does not leave any doubt with regard to the identity of the creditor, the existence and the amount of the credit and the set-off of the credit. The agreement which includes conversion rights and options shall be invalid unless they are authorized or permitted by the general assembly of the company.
Cilt
31