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COMMERCIAL LAW

65

Conclusion

The New TCC adopted detailed provisions that meet the current

needs with regards to division. The balance between the implementation

of the division and the stakeholders has been protected. The

numerus

clausus

principle was adopted with regards to valid divisions, and a

flexible structure has been provided with symmetrical and asymmetrical

divisions, concerning the different circumstances. Therefore, the

influence of division in the restructuring process is emphasized. Rights

of shareholders have been protected by qualified majorities, and some

exception provisions have been provided for small sized enterprises. It

is certain that the division concept that has been regulated outside of

the scope of tax legislation will operate more efficiently following these

reforms.