Previous Page  189 / 391 Next Page
Information
Show Menu
Previous Page 189 / 391 Next Page
Page Background

CAP I TAL MARKET S LAW

175

and the legal persons serving for public interest is subject to their

own legislation. However, it is also stated that financial tables

and certified public accountant report will be taken as a base for

evaluating the financial strength differently for the natural and legal

persons. And finally, it is stated that in case of existence of several

leading shareholders, the aforementioned conditions will be sought

separately for each leading shareholder.

A sub-article was added to the 7

th

article titled Foundation and

Conversion Procedures. According to this sub-article, in foundation

affairs, the registration of the Articles of Association with the trade

register must be made no later than 1 month following the issuance

of related Board permission; in conversion affairs, holding of the

general assembly meeting, where the modification of articles of

association will be approved, latest within 1 month following the

issuance of related Board permission and registration of general

assembly resolution to trade register latest within 15 days following

the general assembly meeting are obligatory.

In the 9

th

article titled Application for Registration, it is an

obligation to apply to the Board for registration of all shares and

for public offering of the shares which represent at least 20% of the

issued capital of corporations of which issued capital is less then

20 million TRY and the shares which represent at least 10% of the

issued capital of corporations of which issued capital is 20 million

TRY or more.

The communiqué also states that, “The corporations can be

shareholders of venture firms within the framework of the

provisions in this Communiqué” and that the founders must notify

the agreements relating to investments and transactions, articles of

associations of companies’, internal regulation and offering circular

of funds and other documents shall be notified to the Board within

six business days following investment.

The members of Board of Directors, the general director, and the

auditors must fulfill the conditions required of real person founders.

The possibility of investment in money market for shareholders is

accepted in order to diversify their portfolios. “

In condition that

the venture capital is limited to portfolio management activity it is