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COMMERCIAL LAW

37

effects in some family-owned companies resulting from the non-issuance

of share certificates will be excluded.

We should also emphasize that some resolutions that necessitate

higher quorums are classified as negative minority rights by the doctrine;

on the other hand, this is a controversial issue under the doctrine.

Conclusion

With the new TCC the effectuation of minority rights shall be

facilitated. The dispositions preventing use of rights aremodified and some

new minority rights are added. Being in accordance with the principle of

protection of the shareholder, the minority rights are strengthened and the

shareholder democracy is preserved. It is certain that these regulations

shall eliminate the risk that the companies become under control of some

shareholders and the minority becomes unable to use their rights.