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The Example and Application of the Provision of Articles of

Association Related to Attending to General Assembly via

Electronic Means and Voting

Pursuant to the Article 5 of the Regulation, companies which

desire to apply the system of electronic general assembly are required

to stipulate a related provision in their articles of association. In this

framework, related provision is as follows:

“Attending to general assembly meeting via electronic means; the

right-holders who have rights to attending company’s general assem-

bly meeting may also attend to general assembly meeting via electron-

ic means according to the TCC, Article 1527. As the company set out

the general assembly system that allows the right-holders to attend

general assembly via electronic means, give opinion and make sugges-

tions pursuant to Regulation, in the meantime it may get service from

the systems made for this purpose. Pursuant to this provision of arti-

cles of association, the right-holders and their representatives could

use their signified rights indicated in aforesaid regulation provisions

via this organized system for all general assembly meetings”

.

This provision must take part in the articles related to general

assembly meetings. Companies, which allow right-holders and their

representatives for attending the general assembly meeting and voting,

should stipulate this provision without any change in the articles of

association. Moreover, companies having the related provision in their

articles of association should supply the right-holders and their repre-

sentatives the option of attending the general assembly via electronic

means and voting in each general assembly meeting.

Supplying the Access of Information and Documents Related

to General Assembly

According to the Article 6 of the Regulation, the companies which

apply the system of general assembly via electronic means, should

comply with the obligation that the invitations should be made pur-

suant to TCC and articles of association related to general assembly

meeting, the documents required to be submitted the right-holders

before the general assembly and the documents related to agenda of the

meeting with secure electronic signature in a given period set forth in

the TCC should be present in system for the right-holders’ access.

COMMERCIAL LAW

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