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Regulation Pertaining to the General Assembly of Joint Stock
Companies to be Held via Electronic Means
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Att. Naciye Yilmaz
Introduction
Turkish Commercial Code numbered 6102 (“TCC”) which came
into force on 1 July 2012, is designated to meet the needs of the mar-
ket, to provide compliance with European Union’s regulations in mem-
bership stage, to target the transparency. TCC brings innovations
required by the information society such as e-government and e-com-
pany. Among these innovations, one of the most important and prof-
itable example could be extracted as making general assembly and
board of directors meetings via electronic means. In accordance with
the changes of the TCC, Regulation pertaining to the General
Assembly of Joint Stock Companies to be held via Electronic Means
(“Regulation”) is published in the Official Gazette numbered 28395
and dated 28.08.2012 and shall enter into force on 01.10.2012.
Content and the Aim of the Regulation
The provision that sets forth general assembly meeting via elec-
tronic means is Article 1527 of the TCC. According to the related pro-
vision, “
attending to the general assembly via electronic means, giving
opinion and voting result in all judicial conclusions of voting and
attending physically
”. The Regulation stipulates principles regarding
attending to the general assembly via electronic means, giving opinion
and voting; example of the provision required to be in the articles of
association regarding attending to the general assembly via electronic
means, principles of voting by the right-holder or his/her representa-
tive, principles related to running of the system of electronic general
assembly and the obligations of its participants.
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NEWSLETTER 2012
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Article of August 2012