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COMMERCIAL LAW

29

Conclusion

TCC Art. 202/1 brings a new dimension to liability law and foresees

the indemnification of a dependent company for the acts and transactions

conducted by the dependent company upon the instruction of the

controlling company. The suit for damages may be filed where there is

a loss incurred by dependent company and where such loss has not been

compensated within the period prescribed by the law. The lawsuit is filed

by the shareholder of the dependent company and the respondent is the

controlling company or its board members who caused the loss. TCC

Art. 202/1 is an important provision since it regulates the liability of the

controlling company within the framework of group companies.